My brother was taken to hospital by police after a mental health crisis and has now been told he must stay and take medication. He disagrees and is frightened. What rights does he have under the law? I want to make sure I am not missing anything important before I decide what to do.
Compulsory treatment is allowed only under the Mental Health (Compulsory Assessment and Treatment) Act 1992, and only if specific criteria are met, including that the person has a mental disorder that poses a serious danger to their health or safety or that of others, or seriously diminishes their capacity to care for themselves. The Act sets out procedures, including assessment by a psychiatrist, a period of compulsory assessment and then a compulsory treatment order made by the court. Your brother has rights, including to be told the reasons, to legal representation, to have a support person, to request a review and to apply to the Mental Health Review Tribunal. A district inspector can help him raise concerns about his treatment. Encourage him to speak to a lawyer and support services, and ask the hospital for information on his rights.
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