Rights in Hospital
Property and Finance
Under existing law, all adults are presumed to have the capacity to manage their own affairs unless the contrary is shown. The fact that a person is detained in hospital under the Mental Health Act does not mean that he or she is incapable of managing his or her personal or financial matters. If a person is considered to be incapable of managing his or her own financial affairs, an application can be made to the Court of Protection to appoint a receiver to do so.
The Right to Receive Visitors
Detained patients have the right to be visited by their friends and family. The Code of Practice makes it clear that visitors should only be excluded in limited, and clearly documented, circumstances. Such circumstances could include cases where the visit is likely to cause a deterioration of the patient’s mental health or where there are concerns that the visitor may bring illicit drugs into the hospital.
Where such visits are refused, this must be justified under Article 8 of the Convention on the ground that the refusal is in the interests of public safety, preventing crime and disorder and protecting the health, rights and freedoms of others.
Correspondence
The MHA provides that if there has been a written request by the recipient, postal packets sent by a detained patient may be withheld.
For patients detained in the high security hospitals (Broadmoor, Rampton and Ashworth) the MHA provides for further potential restrictions on correspondence. Postal packets sent by such patients may be withheld from the addressee if the managers of the hospital consider that the postal packet is likely to cause distress to the addressee or others (not including members of staff of the hospital) or danger to any person. The MHA also states that post sent to such patients may be withheld from them if it is necessary to do so in the interests of the safety of the patient or the protection of other persons. These restrictions do not apply to correspondence between the patient and certain recipients, such as a Member of Parliament, the patient’s legal adviser and the MHRT.
Voting
The Representation of the People Act 2000 removed the bar on the use of a psychiatric hospital address for registration purposes and thus the bar on detained mental patients voting. The removal of this restriction enables both voluntary and detained civil patients to register to vote either at that address or another address with which they have a local connection. However, this Act also introduced a ban on voting for those detained in hospital via the criminal courts.
Complaints
Detained patients who are not happy with their care and treatment can make a complaint under the National Health Service (NHS) complaints procedure. If they are not happy with the hospital’s response they can ask the MHAC to investigate their complaint.
Under existing law, all adults are presumed to have the capacity to manage their own affairs unless the contrary is shown. The fact that a person is detained in hospital under the Mental Health Act does not mean that he or she is incapable of managing his or her personal or financial matters. If a person is considered to be incapable of managing his or her own financial affairs, an application can be made to the Court of Protection to appoint a receiver to do so.
The Right to Receive Visitors
Detained patients have the right to be visited by their friends and family. The Code of Practice makes it clear that visitors should only be excluded in limited, and clearly documented, circumstances. Such circumstances could include cases where the visit is likely to cause a deterioration of the patient’s mental health or where there are concerns that the visitor may bring illicit drugs into the hospital.
Where such visits are refused, this must be justified under Article 8 of the Convention on the ground that the refusal is in the interests of public safety, preventing crime and disorder and protecting the health, rights and freedoms of others.
Correspondence
The MHA provides that if there has been a written request by the recipient, postal packets sent by a detained patient may be withheld.
For patients detained in the high security hospitals (Broadmoor, Rampton and Ashworth) the MHA provides for further potential restrictions on correspondence. Postal packets sent by such patients may be withheld from the addressee if the managers of the hospital consider that the postal packet is likely to cause distress to the addressee or others (not including members of staff of the hospital) or danger to any person. The MHA also states that post sent to such patients may be withheld from them if it is necessary to do so in the interests of the safety of the patient or the protection of other persons. These restrictions do not apply to correspondence between the patient and certain recipients, such as a Member of Parliament, the patient’s legal adviser and the MHRT.
Voting
The Representation of the People Act 2000 removed the bar on the use of a psychiatric hospital address for registration purposes and thus the bar on detained mental patients voting. The removal of this restriction enables both voluntary and detained civil patients to register to vote either at that address or another address with which they have a local connection. However, this Act also introduced a ban on voting for those detained in hospital via the criminal courts.
Complaints
Detained patients who are not happy with their care and treatment can make a complaint under the National Health Service (NHS) complaints procedure. If they are not happy with the hospital’s response they can ask the MHAC to investigate their complaint.
