Your rights in health
People with disabilities have the same right to health and social care as everyone else. You also have extra rights to make sure services are fair and accessible.
Legal protection
The law on disability discrimination gives people with disabilities important rights of access to health services and social services.
This includes:
- doctors' surgeries
- dental surgeries
- hospitals
- mobile screening units
For example, your GP should not refuse to register, or to continue treating you, because of your disability.
You can ask for information in a format you can use, for example large print, Braille, audio, or easy-to-read text.
Services should provide this when it is reasonable to do so.
For example, a hospital may:
- offer forms and explanatory literature in large print or Braille to help people with visual impairments
- arrange for an interpreter for someone with a hearing impairment
- The Disability Discrimination Act (DDA)
- Communication support for deaf people
Help and advice from the Equality Commission
The Equality Commission for Northern Ireland has advice if you feel you may have been discriminated against because of your disability.
The commission's helpline gives advice and information about your rights.
It also gives advice if you have been diagnosed with cancer, HIV, MS, or have mental ill health.
Mental health
There is specific mental health legislative protection, which covers the assessment, treatment and rights of people with a mental health condition.
Assessment and treatment
Many people receive specialist mental health care and treatment in the community.
However, some people can experience severe mental health problems that need admission to hospital for assessment and treatment.
You can only be kept in hospital against your will if strict legal tests are met. You must be suffering from a mental disorder as defined in the legislation.
An application for assessment or treatment must be supported in writing by two registered medical practitioners.
The recommendation must include:
- why an assessment and/ or treatment is needed
- why other care options are not suitable
Admissions to hospital
Most people who receive treatment in hospitals or psychiatric units for mental health conditions are there on a voluntary basis.
They have the same rights as people receiving treatment for physical illnesses.
However, a few patients may need to be compulsorily detained.
The legislation explains:
- who is involved in the decision about compulsory admission or detention
- the individual's or their nearest relative's right of appeal
Approved social workers
Approved social workers are specially trained in both mental health and the law around it.
They are appointed by local trusts to interview and assess people.
They can make an application for admission where they consider that detention is the most suitable way of giving care and treatment.
Nearest relative
Legally, the nearest relative has certain rights which can be used to protect the patient's interests.
Usually, the nearest relative is the older of the two people who are highest in the following list, regardless of gender:
- husband, wife or civil partner
- partner (of either sex) who has lived with the patient for at least six months
- daughter or son
- father or mother
- brother or sister
- grandfather or grandmother
- aunt or uncle
- nephew or niece
Out of the list above, a person who lives with, or cares for, the patient is likely to be seen as the nearest relative.
A person who is not a relative, but who has lived with the patient for at least five years, can also be seen as the nearest relative.
The nearest relative has the right to:
- make an application for compulsory assessment or treatment of the patient, or get the patient's social services to ask an approved social worker to consider the patient's case
- be told if an approved social worker applies for the patient to be detained for compulsory assessment
- be consulted about, and object to, a social worker applying for the patient to be detained for compulsory treatment
- discharge the patient
- apply to a Mental Health Review Tribunal on behalf of the patient in certain situations
- receive written information about the patient’s detention, rights and discharge unless the patient objects
The appointment of the nearest relative can only be changed by a court.
The nearest relative’s power of discharge can be overruled by the doctor who is responsible for the patient’s treatment, if the doctor thinks the patient is likely to act dangerously if discharged.
More information
Further information and guidance on the legislation about mental health can be found on the Office of Public Sector Information website.