Jessica’s story is a powerful example of how person-led, independent advocacy can empower individuals to understand and exercise their rights under the Mental Health Act.
Jessica* (name changed), an older woman experiencing mental ill-health, was detained under Section 2 of the Mental Health Act 1983. This section allows individuals to be detained in hospital for assessment and treatment of mental health disorders for up to 28 days, with or without their consent, when there is a risk of harm to themselves or others.
Jessica did not agree with her hospital admission and wanted to be discharged as soon as possible. She had a strained relationship with most of the ward staff and expressed that she did not trust them to support her. A Cloverleaf Independent Mental Health Advocate (IMHA) was appointed to help Jessica understand her rights and ensure that her views and wishes about her care and treatment were heard and respected.
The IMHA explained Jessica’s right to appeal her detention through a Mental Health Tribunal within 14 days and supported her to complete the required forms and documentation. Because Jessica did not trust the ward staff, the Advocate also offered to submit the forms on her behalf.
To ensure Jessica was fully informed, the Advocate provided her with a list of Law Society-approved Mental Health Act solicitors and a copy of The Mental Health Tribunal Hearing factsheet from the Courts and Tribunals Judiciary website. This helped Jessica choose legal representation and better understand the tribunal process.
The tribunal was successful – Jessica’s appeal was upheld, and she was immediately discharged from detention under Section 2, just as she had hoped.
Reflecting on the case, Jessica’s Advocate said: “As Jessica did not trust the ward team to uphold her rights, my independent role as an Advocate was essential. I was able to build a trusting relationship with her, even where relationships with other professionals had broken down.
My support gave Jessica the information and confidence she needed to advocate for herself in a situation where she had previously felt powerless. It was a rewarding example of how advocacy can make a real difference for people in challenging circumstances.”
Jessica shared her gratitude, saying: “Thank you so much. You’ve saved my life today – you really have.”
Find out more about Independent Mental Health advocacy here: Independent Mental Health Advocacy – Cloverleaf Advocacy
