Legal Jargon

An agreed place where police can take someone to be assessed. This is usually a hospital or, in an emergency, a police station.

Legal term for a family member who has certain responsibilities and powers when someone is detained in hospital under the Mental Health Act. Your nearest relative is determined using the following hierarchy:

– Husband, wife or civil partner
– Son or daughter
– Father or mother
– Brother or sister
– Grandparent
– Grandchild
– Uncle or aunt
– Nephew or niece

In each case, it is always the oldest of the individuals in any category that will be your nearest relative, for example, if both your parents are still alive, it will be the oldest who is named nearest relative. Likewise with any siblings, children etc. Nearest relative is not the same as a Next of Kin. A nearest relative can be displaced in certain circumstances.

The First Tier Tribunal (Mental Health) is a special court dealing with appeals against the Mental Health Act 1983. The Tribunal decides whether a patient meets the criteria for section or should be discharged. It can also make recommendations about leave, transfer and treatment in the community.

Is a member of the hospital staff who collects and keeps section papers safe, ensures that procedures are followed, including making sure that patients receive relevant information, and arranges Tribunal hearings and managers reviews.

The Mental Health Act 1983 provides that people can be detained in hospital if they have a mental disorder that puts them or others at risk. It also provides that they can be treated against their wishes if necessary, provided certain conditions are met. This is informally known as being ‘sectioned’, which is a reference to the different sections of the Mental Health Act that provides different levels and durations of detainment depending on the person’s condition.

Any disorder or disability of the mind, including any mental health problem normally diagnosed in psychiatry and certain learning disabilities.

The Mental Capacity Act (MCA) provides a legal framework to protect and empower people with learning difficulties or who lack the mental capacity to make their own decisions where possible and, where that is not possible, to ensure that decisions made about them are done so with the person’s best interests in mind.

The term medical treatment covers a wide range of medical and care interventions to cure, alleviate, or prevent a worsening of a medical or mental health condition or one or more of its symptoms or manifestations. This includes nursing, psychological intervention and specialist mental health habilitation (learning skills), rehabilitation (relearning skills) and care.

Financial support provided by the government-funded Legal Aid Agency that covers the cost of legal advice and representation under certain qualifying conditions. Legal aid is designed to ensure that everyone has access to legal representation and the court system, regardless of their income or wealth. Different criteria apply to the eligibility for legal aid, depending on the nature of the case and the individual’s personal financial circumstances, except for cases where someone is detailed under section, in which case legal aid is available to anyone.

Someone who has voluntarily agreed to stay in hospital. They are free to discharge themselves and decide whether or not to follow a treatment plan.