3.1 Identify the key legislation and guidance that relates to people with mental health problems

This guide will help you answer 3.1 Identify the key legislation and guidance that relates to people with mental health problems.

As a health and social care worker, you must know the laws and official guidance that affect your work with people who have mental health problems. The legal framework protects the rights, safety, and dignity of individuals, while guidance provides standards and best practices.

This guide covers main pieces of legislation and guidance in the UK. It covers what these laws do, who they protect, and how they affect your daily practice.

The Mental Health Act 1983 (as amended by the Mental Health Act 2007)

This law sets out when a person with a mental health disorder can be admitted to hospital, treated, or detained (kept in hospital) against their will. This is often called being “sectioned”.

Key points:

Only certain professionals (an Approved Mental Health Professional and at least one doctor) can authorise this.
The Act aims to make sure that people get the care and treatment they need, even if they cannot agree, to keep themselves or others safe.
The rights of people detained are protected, including rights to appeal and to have their case reviewed by a tribunal.
There are sections covering assessment, treatment, guardianship, and leaving hospital (discharge).

Terms:

Sectioned: Taken into hospital or kept there for assessment or treatment under the Act.
Tribunal: An independent panel that reviews whether someone should remain under the Act.

The Mental Capacity Act 2005

This law applies to people aged 16 and over in England and Wales. It protects people who cannot make some or all decisions for themselves because of a mental health problem, dementia, learning disability or injury.

Main points:

Presumes that everyone has capacity unless proven otherwise.
People should be supported to make their own decisions when possible.
Decisions made for someone else must be in their best interests.
The Act sets out a process for decision-making.
Introduced Lasting Power of Attorney (LPA), so people can choose someone to help make decisions if they lose capacity later.
Includes rules to protect people who need to be kept safe by being deprived of their liberty (Deprivation of Liberty Safeguards, or DoLS).

Terms:

Capacity: The ability to understand, retain, and weigh up information to make choices.
Best interests: Choosing what is most helpful and respectful for the person.

The Equality Act 2010

This Act protects people from discrimination due to disability (including mental health problems), race, sex, age, religion, and other protected characteristics.

How it applies:

Employers, services, and public bodies must not discriminate directly or indirectly.
Reasonable adjustments must be made so people with mental health conditions can access services or work equally.
Harassment or victimisation related to mental health is unlawful.

Reasonable adjustments can include extra time for appointments, flexible working, or providing quiet spaces.

The Care Act 2014

This law is about care and support for adults in England. It says that local authorities must:

Assess care needs for anyone who appears to require support, including people with mental health problems.
Involve the person in decisions and planning about their care.
Focus on wellbeing and what matters to the person.
Work together with health services.

The Act strengthens the rights of carers and the people they care for, aiming for person-centred support.

Human Rights Act 1998

This Act brings rights from the European Convention on Human Rights into UK law. It protects everyone, including people with mental health problems.

Key rights under this law:

The right to life
The right not to be treated in an inhuman or degrading way
The right to liberty and security
The right to a fair trial
The right to respect for private and family life

Services must always respect and protect these rights when providing care.

Children Act 1989 and Children Act 2004

These laws protect the welfare of children and young people (under 18). They lay out how children at risk (including those with mental health needs) should be supported and safeguarded.

Key points:

The child’s welfare is the central concern.
Families should be supported to care for children at home when safe.
Professionals have a duty to share information if they think a child is at risk.

Guidance from the National Institute for Health and Care Excellence (NICE)

NICE provides evidence-based guidance and recommendations for health and care in England.

For mental health, NICE guidance covers areas such as:

Identification and assessment of mental health problems
Medication and psychological therapies
Care planning and crisis management
Support for families and carers

Services are expected to follow NICE guidance to give high-quality, safe, and effective care.

Other Key Guidance

Department of Health Guidance

The Department of Health publishes guidance on good practice, for example:

The Mental Health Act Code of Practice, explaining how the law should be applied in real-life situations.
Policies on safeguarding adults and children, and crisis care.

Safeguarding Adults and Children

The Care Act 2014 sets out principles for safeguarding adults.
Working Together to Safeguard Children 2018 gives guidance on protecting children and young people from abuse and neglect, including those affected by mental health problems in the family.

Confidentiality and Information Sharing

The Data Protection Act 2018 and UK General Data Protection Regulation (UK GDPR) cover the safe use of personal information.
Information about someone’s mental health must be handled securely and only shared with people who have a clear reason to know.

Services should have clear policies for storing, sharing, and using information.

Local Policies and Procedures

All organisations have their own policies and procedures based on national legislation and guidance. These tell you how to:

Record and share concerns
Assess risk and respond to crises
Support people’s choices and rights

You must know your workplace’s policies. Following them protects people’s safety, rights, and privacy.

Why this Matters

Following legislation and guidance makes care safer and more consistent. It protects you, your employer, and the people you support. When you work within the law, you show respect for people’s rights, support their independence, and provide high-quality care.

Recording what you do and why you do it also helps to show that you are following the law if decisions are challenged.

Final Thoughts

If you are unsure about any legal issue or guidance, ask your manager or safeguarding lead for help. Knowing the laws keeps both you and those you support safe.