Absolute Discharge

This term refers to being released from the hospital without any conditions to adhere to. It's distinct from a conditional discharge.

Absolute Right

These are human rights that are non-negotiable and cannot be revoked under any situation. For instance, the right to a fair trial (Article 6) is an absolute right.

Advisory Conciliation and Arbitration Service (ACAS)

ACAS is an entity that offers guidance, training, and other services to both employers and employees to mitigate or resolve issues in the workplace. Before filing a disability discrimination claim at the Employment Tribunal, you must first consult ACAS and have evidence of doing so.

Acquit

This term signifies being cleared of a criminal charge.

Advance Decision

An advance decision is a legally binding document that outlines the medical treatments you wish to decline should you lose the ability to make such decisions in the future.

Advance Statement

Unlike an advance decision, an advance statement is not legally binding. It's a written record of your treatment preferences, which can be consulted if you're unable to make decisions yourself.

Advocate

An advocate is someone who can listen to and speak on your behalf, especially useful when you find it challenging to express your views or have them considered. For more, see our advocacy pages.

Anticipatory Duty

Service providers, public functionaries, and clubs must proactively consider the challenges that disabled individuals might face, including making reasonable adjustments

Appointee

An appointee is a person designated by the Department for Work and Pensions (DWP) to manage your benefits if you're unable to do so.

Appropriate Adult

If you're detained by the police and identified as having a mental health issue, you have the right to be accompanied by an independent adult. This could be a family member or a mental health professional but not your solicitor. For more, see our police and mental health pages.

Appropriate Healthcare Practitioner

This refers to the medical expert summoned to the police station for your medical evaluation or treatment.

Appropriate Treatment or Medical Treatment

This is treatment that is tailored to your mental health condition, taking into account its severity and your personal circumstances.

Approved Clinician

An approved clinician is a healthcare professional authorised by the Department of Health (England) or the Welsh Ministers (Wales) to carry out specific healthcare duties. They can be doctors, nurses, psychologists, occupational therapists, or social workers.

Approved Mental Health Professional (AMHP)

An AMHP is a mental health professional approved to perform duties under the Mental Health Act. They coordinate your assessment and hospital admission if you're sectioned. They can be social workers, nurses, occupational therapists, or psychologists.

Arrest

This occurs when the police detain you for investigation or prevention of a crime in which you're suspected to be involved.

Article

In the context of the Human Rights Act 1998, each human right is referred to as a separate article, originating from the European Convention on Human Rights.

Attorney

An attorney is someone you appoint to make decisions on your behalf regarding your welfare and/or financial matters if you're unable to do so.

Bail

Release from custody, possibly with certain conditions attached (for example to return to the police station or to go to court at a certain time).

Barring report

This is the report written by the responsible clinician stopping the discharge of someone under section when an application has been made by the nearest relative.

Basic DBS check

A check of your criminal record which will show your convictions and cautions which are not spent. You can apply for a basic DBS check yourself if you live or work in England or Wales.

Best interests

Health professionals must act in your best interests before taking certain steps that affect your care and treatment.

The Mental Capacity Act has a best interests checklist, which outlines what health professionals need to consider before taking an action or decision for you while you lack capacity.

Capacity

Capacity refers to one's ability to comprehend information and make life decisions. If you can't understand or make decisions about your treatment, you're considered to 'lack capacity.'

Care Act 2014

This legislation outlines the responsibilities of local authorities in England for assessing individual needs and eligibility for adult social care support.

Care and Treatment Planning (CTP)

In Wales, CTP is the framework for assessing, planning, and reviewing secondary mental health services. It stems from the Mental Health (Wales) Measure 2010 and includes a full needs assessment, a care plan, regular reviews, and a care coordinator.

Care Coordinator

Your main contact for ongoing mental health care. They monitor your care, especially when you're not in hospital, and can be any qualified mental health professional.

Care Programme Approach (CPA)

In England, the CPA is a method for organising secondary mental health services. It involves a comprehensive assessment, a care plan, regular reviews, and a care coordinator.

Carer's Assessment

An evaluation to determine the support needs of caregivers.

Caution

This can refer to either a statement read to you upon arrest or a formal warning issued by a senior police officer as an alternative to prosecution.

Certificate Dispute Form

This is the form you use if you disagree with the contents of a DBS certificate.

Certificate of Capacity

A document signed by a certificate provider, confirming that you understand the implications of creating a lasting power of attorney. This certificate must accompany your forms when designating someone as your attorney.

Charge

Being formally accused of a crime, you'll receive a 'charge sheet' detailing the allegations, court appearance date, and any bail conditions.

Children

Refers to individuals under 18 years of age.

Circuit Judge

A senior judge in England and Wales who presides over the Crown Court, county courts, and certain High Court sub-divisions.

Civil Procedure Rules (CPR)

These rules govern how civil cases are conducted in England and Wales, aiming to make court procedures fair and transparent.

Claim

Initiating a court case to rectify a breach of your legal rights, such as human rights violations.

Clinical Commissioning Groups (CCGs)

Replaced by Integrated Care Boards (ICBs) in 2022.

Clinical Negligence

A claim for compensation due to substandard care from a healthcare professional causing harm.

Code of Practice to the Care Act

Guidance for local authorities on fulfilling their legal obligations under the Care Act. Also known as 'Care and Support Statutory Guidance.'

Code of Practice under the Social Services and Well-being (Wales) Act 2014

Seven codes of practice guide local authorities and health boards in Wales on meeting their obligations under this Act.

Cohabitee

An individual living with another as though they are married, without legal marriage.

Community Sentence

A non-prison sentence with conditions like unpaid work, specific living arrangements, or mental health treatment.

Community Mental Health Team (CMHT)

A team supporting people with mental health issues in the community, comprising various professionals like social workers and psychologists.

Community Treatment Order (CTO)

Allows for discharge from hospital under certain conditions. Non-compliance or worsening condition can lead to hospital readmission.

Conditional Discharge

Hospital discharge with specific conditions like living arrangements or healthcare appointments. Breaching these can result in hospital readmission.

Conditional Fee Arrangement (CFA)

A payment agreement where legal fees are only due if the case is won, often with an additional 'premium' on the compensation.

Consent

Agreement to a proposed action, valid only if given freely, with sufficient information, and by someone with the capacity to decide.

Continuing Healthcare (CHC)

An NHS-funded package of care for those with 'primary health needs,' provided outside of hospital settings.

Conviction

A court's formal declaration of guilt for a criminal act, either through a guilty plea or trial verdict.

County Court

A civil court with three tracks for claims: small claims, fast track, and multi-track, each with different complexities and compensation amounts.

Court of Appeal

Handles appeals from the Crown Court.

Court of Protection

Makes decisions and appoints deputies for those unable to make personal, financial, or welfare decisions.

Criminal Record

A record of criminal convictions held on the Police National Computer (PNC).

Crown Court

A higher-level criminal court, above the Magistrates' Court.

Custody Officer

The police officer responsible for the care and welfare of individuals in police custody.

Damages

Money granted by a legal body to compensate for your losses or injuries.

Data Protection Act 2018

Legislation that governs how organisations should manage and process your personal data. It also empowers you to access and amend information about you.

Data Subject

The individual to whom the data pertains. If you're seeking information about yourself, you are the data subject.

DBS Certificate

A document you receive after applying for a criminal background check through the Disclosure and Barring Service. It includes your personal details and the outcomes of the checks performed.

DBS Check

A review of your criminal history conducted by the Disclosure and Barring Service, formerly known as a 'CRB check'.

Debt Relief Order (DRO)

A legal mechanism for erasing your debts if they are under £15,000 and your assets are less than £300. During a 12-month period, you're not required to make payments, and creditors can't pursue you. Homeowners are ineligible.

Declaration of Incompatibility

A legal statement issued by a court when a law is found to be in conflict with the Human Rights Act 1998. The government then reviews the law for potential amendments.

Deprivation of Liberty

The act of restricting your freedom, meaning you can't leave and are under constant supervision. The Mental Capacity Act allows this only under specific conditions.

Deprivation of Liberty Safeguards (DOLS)

Procedures that must be followed by healthcare providers if they intend to restrict your liberty while you're in a hospital or care home.

Deputy

An individual appointed by the Court of Protection to make decisions on your behalf if you're unable to do so. Usually, this pertains to financial and property matters.

Detained

Being held in a hospital under a specific section of the law, without the freedom to leave.

Diminished Responsibility

A legal term used when someone charged with murder can demonstrate that their mental health condition influenced their actions, potentially leading to a manslaughter conviction instead.

Disability

Defined by the Equality Act as a physical or mental impairment that significantly and adversely affects your daily activities over a long period.

Disability Discrimination

Unfavourable treatment based on your physical or mental condition, as defined by the Equality Act.

Disclosure and Barring Service (DBS)

The public body responsible for processing criminal record checks and managing barred lists for children and adults in England, Wales, and Northern Ireland. It replaced the CRB and ISA.

Discrimination

Unfair treatment due to your disability, covered by the Equality Act, which identifies various forms of discrimination including direct, indirect, and arising from disability.

Displacement

The act of changing your designated nearest relative, often initiated due to concerns about their behaviour.

Driver and Vehicle Licensing Agency (DVLA)

The governmental body that keeps records of drivers and vehicles in Great Britain.

Duty of Care

A legal obligation to act responsibly and cautiously when someone is in your care or using your services.

Duty Solicitor

A legal advisor or solicitor available to provide free advice when you're taken to a police station. They operate independently of the police.

Either-way Offences

Offences like theft and handling stolen goods that can be tried in either the Magistrates' Court or Crown Court.

Employment Tribunal

A body that resolves disputes between employers and employees concerning employment rights. It functions like a court but is generally less formal.

Enduring Power of Attorney

These have been superseded by lasting powers of attorney in England and Wales but remain valid if created and signed before October 2007.

Enforcement Notice

A document issued by the Information Commissioner's Office directing an organisation to adhere to the Data Protection Act 2018. Non-compliance is a criminal offence that may result in a fine.

Enhanced DBS Check

A thorough criminal record check showing all spent and unspent convictions, cautions, reprimands, and final warnings, except for protected ones. It may also include additional information from local police records relevant to the job applied for.

Enhanced DBS with List Check

An extended criminal record check that includes everything in an enhanced DBS check, plus a review of the DBS's barred lists for children and vulnerable adults.

Equality Act 2010

The legislation that safeguards you from discrimination and allows you to contest it.

Escorted Leave

Permission granted by your responsible clinician to leave the hospital ward under the supervision of hospital staff, as per section 17 of the Mental Health Act.

Filtering

The procedure of identifying and omitting protected convictions and cautions so they don't appear on a DBS certificate. These remain on your record but are not disclosed.

Final Warning

Previously given to individuals under 18 for first offences too serious for a reprimand or for repeat offences. These are now obsolete.

Formal Patient

An individual detained in a hospital under a section of the Mental Health Act, without the freedom to leave.

General Data Protection Regulation (UK GDPR)

Regulations that dictate how organisations can handle your personal data. They also grant you the right to access and amend your personal information.

Group 1 Licence Holders

Individuals who are licensed to drive motor cars and motorcycles.

Group 2 Licence Holders

Individuals who are licensed to operate large lorries and buses.

Guardianship

An alternative to hospitalisation where a 'guardian' is appointed to make certain decisions for you, such as your living arrangements. Guardianship can last up to six months and may be renewed. You can appeal to the Mental Health Tribunal during each renewal period.

Guardianship Order

An order that allows a guardian, often a local authority, to supervise you in the community and dictate your living conditions.

Healthcare

Although not legally defined, healthcare needs are generally related to the treatment, prevention, or control of diseases, illnesses, injuries, or disabilities.

Healthcare Decisions

Decisions made by healthcare professionals like GPs, nurses, and hospital managers. These can range from the information provided about your treatment to your hospital discharge timing.

Health Record

Any record containing information about your physical or mental health, created by or for a healthcare professional.

Hearing

A court session presided over by a judge where decisions about your case are made.

Hospital Managers (Mental Health Act Managers)

An independent team within a hospital responsible for ensuring the Mental Health Act's proper application. They can make decisions about your detention, although day-to-day decisions are often delegated to authorised staff.

Human Rights Act 1998 (HRA)

The law that protects human rights in the UK. See our pages on the Human Rights Act for more information.

Immediate Care or Control

Refers to the urgent care or supervision needed for someone vulnerable due to their mental health condition, especially when such care is lacking in a public setting.

Inaccurate Data

Data that is either incorrect or misleading regarding any factual matter.

Independent Mental Capacity Advocate (IMCA)

A specially trained advocate who assists individuals lacking the capacity to make specific decisions. NHS bodies or local authorities must consider an IMCA's opinions when making decisions affecting such individuals. See our page on IMCAs for more information.

Independent Mental Health Advocate (IMHA)

An advocate trained to assist you in understanding your rights under the Mental Health Act 1983. They can represent your interests if you are detained under certain sections of the Act. See our pages on IMHAs for more information.

Independent Monitor

An autonomous body tasked with reviewing disputes about local police information disclosed on enhanced DBS certificates.

Independent Police Complaints Commission (IPCC)

The body overseeing the police complaints system in England and Wales.

Indictable Offences

Severe crimes like rape, manslaughter, and murder that are tried in the Crown Court.

Informal Patient

Another term for a voluntary patient.

Information Commissioner's Office (ICO)

The independent organisation responsible for ensuring compliance with the Data Protection Act 2018.

Insanity (Legal Defence)

A legal defence that may be used if a mental health condition prevented you from understanding the nature or wrongfulness of your actions during a crime.

Integrated Care Boards (ICBs)

Organisations within the NHS responsible for healthcare needs in their local area. They replaced clinical commissioning groups (CCGs) in 2022.

Judicial Review

A court procedure where a judge reviews the legality of a decision, policy, or action taken by a public authority.

Justification

The legal term for when unfavourable treatment may be considered lawful if there are valid reasons and it is appropriate under the circumstances.

Lasting Power of Attorney

A legal document that allows you to appoint someone, known as an attorney, to make decisions on your behalf.

Legal Aid

Financial assistance that can help cover the costs of legal advice, family mediation, and court or tribunal representation.

Letter Before Claim

A letter notifying a person that legal action may be taken against them, usually considered a last resort in dispute resolution.

Liaison and Diversion

Services that identify individuals with vulnerabilities such as mental health issues when they first encounter the criminal justice system.

Limited Right

Human rights that can be restricted under specific, fair, and valid conditions.

Litigation Friend

An individual who can represent you in legal proceedings if you lack the capacity to participate yourself.

Local Health Boards (LHBs)

Organisations in Wales that develop and provide health services based on local community needs.

Local Police Records

Police records not stored on the Police National Computer, containing non-conviction information.

Magistrates' Court

One of the two types of criminal courts in the UK, the lower of the two, situated below the Crown Court.

Manifestly Unfounded or Excessive

If a subject access request is considered 'manifestly unfounded or excessive,' the organisation can refuse it or ask for a fee.

Medical Treatment

In the Mental Health Act, this refers to treatment aimed at alleviating symptoms of a mental health condition. This includes nursing, psychological intervention, and care.

Mental Capacity Act 2005 (MCA)

A law that outlines how you can plan ahead in case you're unable to make decisions for yourself.

Mental Capacity Act Code of Practice

A guide that explains how the Mental Capacity Act should be interpreted, placing legal duties on health and social care professionals.

Mental Disorder

A term used in the Mental Health Act to describe any disorder or disability of the mind.

Mental Health Act 1983 (MHA)

A law that allows for the detention of individuals in a hospital if they have a mental health disorder and need treatment.

Mental Health Act Administrator

An individual who works in the hospital and is responsible for maintaining section or community treatment order papers.

Mental Health Act Code of Practice

A guide for health professionals on how to follow the Mental Health Act. It is not law but should be followed unless there's a good reason not to.

Mental Health Tribunal (MHT)

A special court that deals with cases relating to the Mental Health Act 1983. It decides whether you can be discharged from your section.

Mental Health (Wales) Measure 2010

A law that applies to Wales, outlining the support that people should receive from primary and secondary mental health services.

Nearest Relative

A family member with certain responsibilities and powers if you're detained under the Mental Health Act.

Needs Assessment

The first stage in obtaining social care, where the local authority assesses your care and support needs.

Negligence

An act or omission that falls short of the expected level of care, resulting in injury or loss.

NHS Resolution

The NHS body responsible for handling negligence claims and improving patient and staff safety.

Not Kept Under Proper Control

Indicates vulnerability due to a mental health issue and the need for adequate care or control.

Occupational Health

Professionals who assess the impact of your work on your health and suggest necessary adjustments.

Office of the Independent Adjudicator (OIA)

An independent organisation that reviews student complaints against universities.

Office of the Public Guardian (OPG)

Helps people in England and Wales make decisions about health and finance, and enforces decisions made by the Court of Protection.

Official Solicitor

May participate in court proceedings to protect the interests of those who lack the capacity to do so themselves.

Ombudsman

An official appointed to investigate complaints against companies or organisations, especially public authorities.

PACE Codes of Practice

Practical guidance for police on using their powers under the Police and Criminal Evidence Act 1984.

Parental Responsibility

The rights and responsibilities a parent has for a child, including decisions about upbringing and residence.

Patient

Defined by the Mental Health Act as someone suffering or appearing to suffer from a mental disorder.

Personal Information

Information that can identify you, held in various formats including digital and printed.

Place of Safety

A locally agreed location where police may take you for assessment, usually a hospital or your home.

Plea

Your response in court when charged with a crime, confirming whether or not you committed the crime.

Police and Criminal Evidence Act 1984

The law outlining the rules police must follow when you are arrested.

Premises

Buildings and associated land where people reside.

Primary Care

The first point of contact in healthcare, provided by professionals like GPs, dentists, and pharmacists.

Prohibited Conduct

Behaviour considered unlawful under the Equality Act, including discrimination and harassment.

Proportionate

Restrictions on human rights must be appropriate and not excessive.

Protected Characteristics

Nine personal characteristics protected from discrimination under the Equality Act.

Public Authorities

Organisations with roles of a public nature, including police, NHS, and local authorities.

Public Functions

Acts or activities performed by a public authority which are not services.

Public Sector Equality Duty

A legal duty for public authorities to consider the impact of their policies on people with protected characteristics.

Qualified Right

A right that can be restricted under certain conditions, balancing individual rights with community interests.

Reasonable Adjustments

Changes that various organisations should make for you if you are at a major disadvantage due to your mental health.

Recalled

Means you can be returned to hospital under certain conditions.

Redact

Removing relevant information from a document.

Redress

Under the Welsh complaints system, it's your right to redress which can include an apology, explanation, or financial compensation.

Registered Medical Practitioner

A qualified doctor, such as a GP or psychiatrist.

Regulator (Health and Social Care)

Organisations that oversee health and social care professions to protect the public.

Released Under Investigation

After arrest, you can be released without conditions while the police continue their investigation.

Relevant Person's Representative

Someone who can support you in matters related to a Deprivation of Liberty Safeguards situation.

Remand

Being sent to prison or hospital until your court case is considered.

Reprimand

A caution for young people under 18, no longer in use.

Responsible Clinician

The mental health professional in charge of your care and treatment under the Mental Health Act.

Responsible Organisation

An organisation registered with the DBS to submit basic checks.

Restriction Order or Direction

An order made by the court to put restrictions on your discharge, transfer, or leave from hospital.

Revocation

End of your community treatment order, resulting in you being detained under the original section.

Safeguarding

Protecting your right to live in safety, free from abuse and neglect.

Safeguarding Adults Board

A local authority board aimed at helping and protecting adults at risk.

Second Opinion Appointed Doctor

An independent doctor appointed to approve certain forms of medical treatment under the Mental Health Act.

Secondary Care

Healthcare services that generally require a referral from a GP.

Section

Being kept in hospital under the Mental Health Act.

Section 17 Leave

Permission from your responsible clinician to leave the ward or hospital for short periods.

Section 117 Aftercare

Free help and support after leaving hospital under certain sections of the Mental Health Act.

Section 12 Approved Doctor

A doctor trained in the use of the Mental Health Act, usually a psychiatrist.

Section 136

A section of the Mental Health Act allowing police to take you to a place of safety.

Sentence

The punishment given by a judge if you've been found guilty of a crime.

Service Provider

An organisation or person that provides services to the public or a section of the public.

Services

Includes services provided by various entities like local councils, government departments, charities, and private companies.

Social Care

Assistance with activities of daily living, maintaining independence, and social interaction.

Social Care Decisions

Decisions made by social workers, nurses, or support workers regarding your social care.

Social Services and Wellbeing Act 2014

The law governing social care in Wales

Spent Convictions or Cautions

Convictions or cautions that, after a period, no longer need to be disclosed in a basic DBS check.

Standard DBS Check

A check of your criminal record showing all spent and unspent convictions, cautions, reprimands, and final warnings.

Subject Access Request

A written request to an organisation for details of the personal information they hold about you.

Summary Offences

Include motor offences and minor assaults, usually heard in the Magistrates' Court.

Supervised Community Treatment

You can be under this if you are put under a community treatment order (CTO).

Tariff

The earliest date at which you could be released if given an indeterminate or life sentence by a court.

Tertiary Care

Highly specialised healthcare treatment, such as secure forensic mental health services.

Trial of the Facts

A trial conducted if the court decides you are unfit to plead. Sentencing powers differ in this case.

Upper Tribunal

A tribunal handling appeals from lower tribunals, rarely used in mental health cases.

Unfit to Plead

When a court decides you're not able to understand the court process or instruct a lawyer.

Unspent Convictions or Cautions

Convictions or cautions that have not yet reached their rehabilitation period.

Voluntary Patient

People staying in a psychiatric hospital without being detained under the Mental Health Act.

Vulnerable Adult

An adult needing community care services and unable to take care of or protect themselves.

Warned List

A range of dates given for a trial, especially in the Crown Court, without a fixed date.