Local resolution: health and social care

Complaints and the Mental Health Act

ICAS advocates may be required to work with service users who are subject to compulsory care and treatment under the Mental Health Act.

Many areas have specialist advocacy services for mentally ill clients: ICAS staff should liase with these services. New legislation under the Mental Health Act is likely to increase the number of independent advocacy services specifically for people detained under the Mental Health Act.

If the complainant wants to complain about the way a person with a responsibility under the Mental Health Act has carried out their duties they should speak to the complaints manager at the NHS Mental Health Trust.

If a complainant is detained under the Mental Health Act and wants to complain because they do not think they need to be detained, the local Mental Health Review Tribunal has to consider the case.

ICAS advocates should explain the procedures for making a complaint through the NHS Complaints Procedure, and, in relation to detained patients, their rights to complain to the Mental Health Act Commission. Leaflets are available in different languages to download.

If they are not satisfied with the response from local providers, the complainant can contact the Mental Health Act Commission, who protects the rights of people detained under the Mental Health Act.

The Mental Health Act Commission will normally consider complaints only when the NHS complaints procedures have been exhausted, unless there are exceptional circumstances.

Next: Independent Review by the Healthcare Commission

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