Your rights under the Mental Health Act.

Short explainers you can read on a phone in a few minutes. General information, not advice about your own situation.

Being checked by an independent advocate before it goes live.

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Being detained
What does “being sectioned” mean?
Being sectioned means being kept in hospital under the Mental Health Act. There are strict rules about when it can happen and for how long.
Your rights in hospital
What are my rights if I am in hospital?
If you are detained, you still have rights: to information, to appeal, to an advocate, and to be treated with dignity and respect for who you are.
Independent mental health advocates
Who can speak up for me?
An independent mental health advocate, or IMHA, helps you understand your rights and have your say. They are free and they are not part of the hospital team.
Advance statements and planning ahead
Can I say now how I want to be treated later?
An advance statement is your written wishes about your care if you become unwell. Professionals should consider it. It is not legally binding.
Nearest relative and nominated person
Who gets a say in my care?
Under the current law, a “nearest relative” is chosen for you from a list. The Mental Health Act 2025 will let you choose a “nominated person” instead, once that part of the law starts.
Leaving hospital and section 117 aftercare
What help do I get when I leave hospital?
If you were detained under certain sections, such as section 3, you are entitled to free aftercare under section 117 of the Mental Health Act.
Making a complaint
What if something goes wrong?
You have the right to complain about your care, and to be treated fairly when you do.
The Mental Health Act 2025
What is changing in the law?
A new Mental Health Act became law on 18 December 2025. It brings new rights, including advance choice documents and choosing a nominated person. They start in stages from 2027, over up to ten years.

What these pages are, and aren’t.

General information about rights in England, checked by an independent advocate or lawyer before it goes live.
Not legal, immigration or clinical advice. We never tell anyone what to do about their own case.
For advice about your situation, speak to an independent mental health advocate or a solicitor who specialises in mental health law.

Want to plan ahead?

An Ownsay peer can help you write down how you want to be treated if you become unwell, in your own words, and share it only with the people you choose.

Plan ahead with a peer