Understanding how mental health is treated under UK law is important for anyone supporting others in the workplace or community. This document provides a clear overview of the key legal frameworks, rights, and protections for individuals experiencing mental ill-health – including what to be aware of as a Mental Health First Aider.

⚖️ Key Legislation

The Mental Health Act 1983 (as amended 2007)

The Mental Health Act is the main piece of legislation covering the assessment, treatment, and rights of people with a mental disorder* n England and Wales. It outlines when and how someone can be detained (“sectioned”) and treated in hospital without their consent.

Key points:

• A person can be detained if they pose a risk to themselves or others and require urgent treatment.
• Detention usually involves a formal assessment by two doctors and an Approved Mental Health Professional (AMHP).
• People detained under the Act still have legal rights, including the right to an independent mental health advocate (IMHA).

💡 There are different types of “sections” – e.g. Section 2 (assessment for up to 28 days), Section 3 (treatment), and emergency sections.

The Mental Capacity Act 2005

This law applies to individuals aged 16+ who may lack the capacity to make certain decisions at a specific time due to mental ill-health or another condition.

The Act states:

• A person is assumed to have capacity unless proven otherwise.
• Capacity is decision-specific and time-specific*
• People should be supported to make their own decisions wherever possible.
  Any decision made on someone’s behalf must be in their best interests.

💡 This Act protects the rights of people to make unwise decisions, provided they have capacity to do so.

The Equality Act 2010

The Equality Act protects people from discrimination in the workplace and wider society. Under this Act, a mental health condition can be considered a disability if it:

• Has a substantial, long-term effect (12 months or more)
• Impacts day-to-day activities

This means:

• Employers must not discriminate against individuals because of a mental health condition.
• hey are required to make reasonable adjustments (e.g. flexible hours, quiet spaces, workload support).

💡 Employees are not required to disclose a mental health condition, but doing so may help them access support and legal protection.

Your Role as a Mental Health First Aider

You are not responsible for enforcing the law or making legal decisions, but it’s important to:

• Know the signs when someone may be at risk
• Encourage them to seek professional or legal advice if needed
• Support confidentiality, but understand when it must be broken (e.g. risk to life)
• Be aware of workplace responsibilities under the Equality Act

Confidentiality & Safeguarding

Mental health conversations are confidential – but there are exceptions if:

• The person is at immediate risk of harm to themselves or others
• A crime has been committed or is likely to be committed
• You are following an organisational safeguarding policy

Always aim to: Let the person know what you’ll do with the information they’ve shared, and explain when and why confidentiality might need to be broken.

Reasonable Adjustments (Examples)

Under the Equality Act, workplaces should consider reasonable adjustments to support mental health. Examples include:

• Flexible working hours
• Time off for appointments or recovery
• Phased return to work after time off
• Modified workload or deadlines
• Access to quiet or low-stimulation environments

💡 Employers can seek guidance from Occupational Health or ACAS.

When to Seek Legal or Professional Help

Encourage someone to get support if:

• They’re unsure about their rights at work
• They feel they’ve been discriminated against due to mental ill-health
• They’re being treated under the Mental Health Act and need advocacy
• Capacity or consent is in question (especially for care decisions)

📞 Useful UK Support Services

• Mind Legal Line: 0300 466 6463 – mental health law advice
• Rethink Mental Illness Advice Line: 0808 801 0525
  Citizens Advice
• ACAS: – employment rights guidance
• NHS Mental Health Services: via GP or 111 (option 2)

The law is there to protect the rights, dignity, and safety of people experiencing mental ill-health. While you’re not expected to be a legal expert, having a basic understanding of these frameworks helps you offer informed, compassionate, and effective support.

If in doubt – signpost, listen, and reassure. Your role can be the bridge between someone and the professional help they need.