Hospital managers must tell you, both orally and in writing, that you are detained, under which section, and what your rights are — including how to apply to a tribunal, how to get legal help, and your right to an IMHA. They must repeat this as your situation changes, and give similar information to your nearest relative.
All detained and CTO patients; nearest relatives also receive information about their own rights.
The information must be given in a form and language you understand. Knowing your rights is the foundation for every other right — the tribunal, advocacy and complaints processes all depend on it.
As soon as practicable after you are detained, recalled to hospital or made subject to a CTO, and after any renewal of your detention.
If you were not told your rights, raise it with hospital managers, your IMHA, or the CQC — a failure can support a complaint or a tribunal argument.
Failures are usually raised through complaints and tribunals rather than stand-alone court claims.
Last updated: 9/13/2026