The New Mental Health Act: A guide to the appeals process - information for service users and their carers

2 Guiding principles

The main aim of the principles is to ensure that you are treated with respect.

Anyone who is carrying out duties, or giving you treatment, under the Act, e.g. doctors, nurses and social workers, has to follow the principles set out in the Act. They must take account of:

• your past and present wishes about your care and treatment, giving you information and helping you as much as possible to participate in decisions about this
• the views of your named person, carers, guardian or welfare attorney, if you have them
• the range of options available for your care and treatment
• what will ensure the maximum benefit for you
• making sure that you are not treated any less favourably because you are being treated under the Act
• your individual abilities and background, and other factors such as your age, gender, sexual orientation, religion, racial origin or membership of any ethnic group.

Any restrictions on your freedom should be the minimum necessary in the circumstances.

Where it is reasonable and practical, your carers' needs should be taken into account and your carers should receive information that might help them to care for you.

The services that you receive should be appropriate for your needs. Where you stop being treated under the Act, you should continue to receive care and treatment for as long as is necessary.

Where you are a child, or young person under the age of 18, people carrying out duties under the Act must try to ensure that they do what is best for your welfare.