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The Mental Health Act

Guiding principles of the Mental Health Act

Purpose Principle

Decisions under the Act must be taken with a view to minimising the undesirable effects of mental disorder, by maximising the safety and wellbeing (mental and physical) of patients, promoting their recovery, and protecting other people from harm.

Least restriction Principle

People taking action without a patient's consent must attempt to keep to a minimum the restrictions they impose on the patient's liberty, having regard to the purpose of the restrictions imposed.

Respect Principle

People taking decisions under the Act must recognise and respect the diverse needs, values and circumstances of each patient, including race, religion, culture, gender, age, sexual orientation, and any disability. They must consider the patient's views, wishes and feelings (whether expressed at the time or in advance), so far as they are reasonably ascertainable, and follow those wishes wherever practicable and consistent with the purpose of the decision. There must be no unlawful discrimination.

Participation Principle

Patients must be given the opportunity to be involved as far as practicable in the circumstances, in planning, developing and reviewing their own care and treatment to help ensure that it is delivered in a way that is as appropriate and effective for them as possible. The involvement of carers, family members and other people who have an interest in the patient's welfare should be encouraged, unless there are particular reasons to the contrary) and their views taken seriously.

Effectiveness, Efficiency and Equity Principle

People taking decisions under the Act must seek to use the resources available to them and to patients in the most effective, efficient, and equitable way, to meet the needs of patients and achieve the purpose for which the decision was taken.

More information about the Mental Health Act can be found on the UK government website.

For further information please call us on 020 8900 2221 or use the contact form on this site.