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22 Mental Health
10. Will I get help when I leave hospital?
Before you leave hospital, your responsible medical officer should make sure that your health and social care needs are assessed and that there is a care plan for you. Your responsible medical officer and other people who have been caring for you, such as a social worker and community psychiatric nurse, will look at what you will need when you leave hospital. This may be called 'aftercare planning' or 'care programme approach' (CPA).
If you have been detained under section 3 of the Mental Health Act, you have the right to the health and social care services that you have been assessed as needing when you leave hospital (section 117 of the Act).
These 'aftercare services' can include:
The people who assess you should talk to you before they decide what support you should get. You should let people know what you think you will need. If a friend or relative regularly helps or supports you, they could also take part in these discussions. Under the Carers and Disabled Children Act 2000, someone who is 16 or older and spends a lot of time caring for you can also be assessed to see if they need any help. For more about this, see the CLS Direct leaflet 'Community Care'.
Your lawyer (or other representative) could also be involved in planning your aftercare. This would be useful if you are not happy with what is being suggested, or if you are worried that the people arranging your aftercare are taking too long.
What controls can there be on me when I am living in the community?
Your responsible medical officer may also 'recall' you (make you go back) to hospital at any time.
However, even though your supervisor can take you to a place where you must go as one of these conditions, they cannot make you have a treatment if you do not want it.
The doctor in charge of your aftercare may end the supervised discharge at any time. You can also apply to a mental health review tribunal if you want to end the supervised discharge.
Your guardian can be a local council or a person. As with a supervised discharge, you may have to:
Your nearest relative can object to the guardianship if they don't agree with it, and can end it. If you don't agree with the guardianship, you can ask a mental health review tribunal to end it.
This leaflet is published by the Legal Services Commission (LSC). It was written in association with Camilla Parker, and independent consultant specialising in mental health law and policy.
The leaflets are regularly updated but the law may have changed since they were printed so the information in them may be incorrect or out of date.
Leaflet Version: November 2019
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