Last Updated: 9 October 2026 I Reading Time: 6 minutes
Summary
The right mental health support, at the right time, can change lives. It can stop people reaching crisis point, and in some cases it can save lives. Everyone should be able to ask for help and feel listened to from the very start.
Sadly, many people have a different experience. They ask for help but are told to wait, or they explain what they are going through and still do not feel heard.
This World Mental Health Day (10 October), we look at the legal rights that exist when you are seeking mental health support, and what you can do if things go wrong.
Quick answer
Yes, you have legal rights when seeking mental health support in England and Wales. These include the right to reasonable adjustments at work if your condition counts as a disability, free aftercare after certain hospital detentions under the Mental Health Act 1983, the right to complain about NHS care, and the right to claim compensation where negligence or a crime has caused psychological harm.
In this article
- Why mental health support matters now
- What are your rights when you ask for help?
- Mental health and your rights at work
- The Mental Health Act 1983 and the new Mental Health Act 2025
- When someone else is responsible for mental health harm
- Housing conditions and mental health
- Planning ahead for the future
- Practical steps if you feel unheard
- How GLP Solicitors can help
- Frequently asked questions
Key takeaways
- Mental health support should start when you ask for help, but many people still face long waits and feel unheard.
- The NHS Constitution gives you the right to be treated with dignity and respect and to make a complaint about the care you receive.
- A mental health condition can be a disability under the Equality Act 2010, which means employers must consider reasonable adjustments.
- Section 117 aftercare is free for people who have been detained under certain sections of the Mental Health Act 1983.
- The Mental Health Act 2025 received Royal Assent on 18 December 2025, but it is being brought into force in stages. Until then, the 1983 Act continues to apply.
- You may be able to claim compensation if negligence, an accident or a violent crime has caused a recognised psychiatric injury.
- Planning ahead with a Lasting Power of Attorney can ensure someone you trust can make decisions if you lose capacity.
- Keeping a written record of what you have asked for, and what you have been told, helps if you later need to raise a complaint or claim.
Why Mental Health support matters now
Mental health problems affect people of every age and background. Timely support can prevent difficulties from becoming a crisis, and it can make a real difference to someone’s ability to work, care for family and stay well.
World Mental Health Day, held every year on 10 October, is a chance to start conversations and challenge stigma. It is also a good moment to look at what the law says about the help you are entitled to, and what to do when that help falls short.
The law in this area is also changing. The Mental Health Act 2025 received Royal Assent on 18 December 2025. It amends the Mental Health Act 1983 rather than replacing it, and covers areas such as detention criteria, patient rights, nominated persons and care planning. Its provisions are being brought into force in stages, so the 1983 Act still applies to the extent that the new provisions have not yet commenced.
What are your rights when you ask for help?
Your rights within the NHS
The NHS Constitution for England sets out the rights of patients. These include the right to be treated with dignity and respect, to receive NHS services free of charge, and to have a complaint investigated.
Maximum waiting-time standards apply to some mental health services, but not to all of them. It is worth asking your GP or provider which standards apply to the service you have been referred to.
How to complain about NHS care
If you are unhappy with the care you have received, you can raise it with the service directly or through its Patient Advice and Liaison Service (PALS). A formal complaint should normally be made within 12 months of the incident, or of when you became aware of the problem.
If you are not satisfied with the response, you can ask the Parliamentary and Health Service Ombudsman to review the complaint.
Mental Health and your rights at work
Many people continue to work while managing a mental health condition. Under the Equality Act 2010, a mental health condition can count as a disability if it has a substantial and long-term effect (lasting, or likely to last, 12 months or more) on your ability to carry out normal day-to-day activities.
If it does, your employer must consider reasonable adjustments. These might include flexible working hours, a phased return after sick leave or changes to workload.
For example, an employee returning after a period of absence with anxiety might ask for a gradual return to full hours. If an employer refuses without good reason, this could amount to a failure to make reasonable adjustments.
Where a working relationship is coming to an end, the terms of exit are often set out in a settlement agreement. It is sensible to take legal advice before signing one, particularly if your health played a part in what happened.
The Mental Health Act 1983 and the New Mental Health Act 2025
The Mental Health Act 1983 sets out when someone can be detained and treated in hospital for a mental disorder. It also protects people’s rights while they are detained.
Under the current law:
- Many detained patients can access an Independent Mental Health Advocate (IMHA) to help them understand and exercise their rights.
- Patients can usually apply to a mental health tribunal to challenge their detention.
- People who have been detained under certain sections are entitled to free aftercare under section 117, to help meet needs arising from their mental disorder and reduce the chance of being readmitted.
The 2025 Act is intended to strengthen patient rights. However, new provisions only take effect once they are formally brought into force, so anyone affected should check which version of the law applies to them at the time.
When someone else is responsible for mental health harm
Sometimes psychological harm is caused, or made worse, by what someone else has done or failed to do.
Psychiatric injury claims
If you have developed a recognised psychiatric condition after an accident, a traumatic event or substandard care, you may be able to claim compensation. Ordinary distress or sadness is not enough. There generally needs to be a diagnosable condition, supported by medical evidence.
Most personal injury claims must be started within three years, although exceptions apply.
Criminal injury compensation
If you have been the victim of a violent crime, you may be able to apply to the Criminal Injuries Compensation Authority (CICA). The scheme can cover mental injury as well as physical injury, provided it is confirmed by a suitably qualified medical professional.
Applications generally need to be made within two years of the incident, although there can be exceptions, particularly for children.
Housing conditions and mental health
Where you live has a direct effect on how you feel. Damp, mould and persistent disrepair can cause stress and anxiety, as well as physical illness.
Landlords have legal obligations to keep homes fit for people to live in, including under the Homes (Fitness for Human Habitation) Act 2018. If a landlord has failed to carry out repairs after being told about them, a housing disrepair claim may be possible, and this can include compensation for the impact on your health.
Planning ahead for the future
Mental health conditions can sometimes affect a person’s ability to make decisions, either temporarily or for longer periods.
A Lasting Power of Attorney (LPA) lets you choose someone you trust to make decisions on your behalf if you lose mental capacity. There are two types: one for property and financial affairs, and one for health and welfare. An LPA must be made while you still have capacity and registered with the Office of the Public Guardian before it can be used.
A Will is also worth considering at the same time, so your wishes are clear and your family is not left uncertain.
Practical steps if you feel unheard
If you have asked for help and not received it, the following steps can help:
- Keep a record of appointments, referrals, who you spoke to and what you were told.
- Ask in writing if you are not getting a clear answer, so there is a record of your request.
- Use the complaints process and keep copies of everything you send and receive.
- Ask someone you trust to attend appointments with you or help you prepare.
- Seek legal advice early if you believe care was negligent, or if a work, housing or compensation issue is involved.
If you need urgent support: call Samaritans free on 116 123 at any time, contact NHS 111 and choose the mental health option, or call 999 if there is an immediate risk to life.
How GLP Solicitors can help
Mental health issues rarely sit neatly within one area of law. At GLP Solicitors, our team can advise on the legal side of many of the situations described above.
This may include advising on workplace issues and settlement agreements, helping people who have suffered harm through an accident or a crime, supporting tenants whose homes are affecting their health, and helping individuals and families put long-term plans in place through Wills and Lasting Powers of Attorney.
We will always explain your options clearly, give you realistic advice on your prospects, and tell you if another organisation or professional is better placed to help.
Frequently Asked Questions
The NHS Constitution for England sets out that you have the right to receive NHS services free of charge, to be treated with dignity and respect, and to have a complaint investigated. Maximum waiting-time standards apply to some mental health services but not all. If you are struggling to access support, speak to your GP, ask what standards apply to your referral, and consider making a complaint if you are unhappy with the response.
It can be. A mental health condition is likely to count as a disability if it has a substantial and long-term effect on your ability to carry out normal day-to-day activities. “Long-term” generally means it has lasted, or is likely to last, at least 12 months. If it does, your employer must consider making reasonable adjustments, such as flexible hours or changes to your duties.
You may be able to if a recognised psychiatric condition has been caused by someone else’s negligence or wrongdoing, for example after an accident, a traumatic event or poor care. Ordinary distress is not enough, and you will usually need medical evidence of a diagnosable condition. Most personal injury claims must be started within three years, so it is sensible to seek advice early.
Section 117 of the Mental Health Act 1983 requires health and social care services to provide aftercare to people who have been detained in hospital under certain sections of the Act. It is free of charge and aims to meet needs arising from the person’s mental disorder and to reduce the likelihood of them needing to go back into hospital. If you think you may be entitled, ask your care team or seek advice.
Start by recording what you have asked for and what you have been told. You can then raise the matter with the service or its PALS team, and make a formal complaint, usually within 12 months. If you are unhappy with the response, you can ask the Parliamentary and Health Service Ombudsman to look at it. If you believe you have been harmed by poor care, you should seek legal advice.
Yes, in some cases. The Criminal Injuries Compensation Scheme can cover mental injury as well as physical injury, provided the injury is a result of a violent crime and is confirmed by a suitably qualified medical professional. Applications generally need to be made within two years of the incident, although there are exceptions, so it is worth getting advice as soon as you can.
A Lasting Power of Attorney is a legal document that lets you appoint someone you trust to make decisions for you if you lose mental capacity. You can choose one for property and financial affairs, and one for health and welfare. You must have capacity when you make it, and it must be registered with the Office of the Public Guardian before it can be used. Making one early gives you and your family peace of mind.
If your life is at immediate risk, call 999. For urgent support that is not an emergency, contact NHS 111 and choose the mental health option, or speak to your GP. You can also call Samaritans free of charge on 116 123 at any time. You do not need to be in crisis to ask for help, and reaching out early is always worthwhile.