You have been received into Guardianship under the Mental Health
Act 1983, because the doctors and social worker who know you
believe this to be necessary for your own welfare. Initially, the
Guardianship will last for six months, but may be renewed for a
further six months. Any further renewals will be for 12 months.
We believe that Guardianship will be helpful to you at present,
but we wish to assure you that it will be discharged as soon as it
is thought to be no longer necessary.
Who is my Guardian?
Your Guardian can be either Social Services or a person who is
accepted by Social Services to act as your Guardian, e.g. a
relative. If Social Services acts as your Guardian, a named social
worker will take on the role.
The powers of a Guardian
Section 8 of the Mental Health Act 1983 gives the Guardian the
following powers:
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to require you to live at an address the Guardian thinks is best
for you.
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to require you to provide access to people named by the
Guardian, such as a doctor, nurse or social worker.
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to require you to attend any place the Guardian may specify for
medical treatment, occupation, education or training. You may be
required to attend, but no treatment may be given to you without
your consent.
Your Guardian will write to you to explain which of the above
requirements will apply in your case. These requirements may change
as your care plan develops. If this is the case, any changes will
be given to you in writing.
Mental Health Review Tribunals
If you do not wish to remain subject to Guardianship, you can
apply to a Mental Health Review Tribunal to have your case
examined.
The Mental Health Review Tribunal can discharge the Guardianship
if it believes it is appropriate to do so.
If you wish to appeal, the address is: Clerk of the Tribunal, Block
3, Crown Offices, Kingston By-Pass Road, Surbiton, Surrey KT6
5QN.
To help you appeal, you are advised to consult a solicitor. If
you are on a low income, or are on benefits, you may qualify for
free Legal Aid. Some local solicitors are members of the Law
Society’s Mental Health Panel and are recognised as having
particular experience in mental health law and practice. A list of
such solicitors is available from Approved Social Workers.
Information about Legal Aid is also available from Citizen’s
Advice Bureaux, most solicitors’ offices and law centres.
Help and advice may also be obtained from local mental health
groups such as the National Association of Mental Health (MIND) or
National Schizophrenia Fellowship (NSF), both of which have local
branches in Bath and Bristol
Appeals to the local authority
You may also ask for the Guardianship to be discharged by the
local authority. To apply for this you must make a request in
writing to the Director of Social & Housing Services at the
address given at the end of this leaflet.
Your ‘nearest relative’ within the meaning of the Mental Health
Act is :
| Full name: |
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| Address: |
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| Tel. No: |
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You are free to request him/her to discharge you from
Guardianship, as he/she is entitled to do so under Section 23 of
the Mental Health Act 1983. To do this he/she should put the
request in writing, or complete Form 35 (obtainable from an
Approved Social Worker) and send it to:
The Director of Social & Housing Services
Bath & North East Somerset Council
PO BOX 3343
Bath BA1 2ZH.
| This information can be made available in a range of languages,
large print, Braille, on tape, electronic and accessible
formats. Contact the Information Officer on 01225 477983,
Minicom 01225 477043 or email information_officer@bathnes.gov.uk |
