The New Mental Health Act: Rights of Carers - information for people who care for a service user

1 Guiding principles

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

Anyone who is carrying out duties, or giving 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:

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

Any restrictions on the service user's freedom should be the minimum necessary in the circumstances.

Where it is reasonable and practical, the service user's carers' needs should be taken into account and their carers' should receive information that might help them to care for the service user.

The services that the service user receives should be appropriate for their needs. Where the service user stops being treated under the Act, they should continue to receive care and treatment for as long as is necessary.

Where the service user is a child, under the age of 18, people carrying out duties under the Act must try to ensure that they do what is best for the service user's welfare.