Know Your Rights

SAMH is a strong and well-informed voice on behalf of those of us who have experienced poor mental health, making sure your rights are protected.

Underpinning all of your rights is the Equality Act 2010, which sets out that it is illegal to treat anyone differently – discriminate against someone – without good reason because of a “protected characteristic” like disability.

A mental health problem is considered a disability if:

it has a substantial impact on your ability to carry out day to day activities

it makes things more difficult for you

it has lasted at least 12 months, is likely to last 12 months, or it likely to recur if it has improved

Discrimination can be direct – when you are treated worse than someone else because you have a disability – or indirect – when practices or arrangements that seem to treat everyone equally put people with disabilities at a disadvantage.

If you feel discriminated against because of your mental health problem, Citizen’s Advice Scotland provides more advice and information.

Advocacy

Independent advocacy supports people – both individuals and groups – to navigate systems, such as the health and social care system or social security system, through providing information rather than advice, ensuring people’s voices are listened to and their views taken into account. and acts as a catalyst for change in a situation.

Under the Mental Health (Care and Treatment) (Scotland) Act 2003, people with mental health problems have the right to access independent advocacy support.

Compulsory treatment and Mental Health Law

Most of the time, when people become unwell, they understand that they need treatment. But sometimes people are unable, or unwilling, to agree to treatment.

The Mental Health (Care and Treatment) (Scotland) Act 2003 sets out when people can be treated against their will and what your rights are in this case.

Employment

People often worry about disclosing their mental health problems to an employer.

But you have rights under the Equality Act 2010 which protect you from discrimination in the workplace and employers should make reasonable adjustments to allow you to carry out a job.

Rights in health and social care

You have particular rights when you are waiting for or receiving health treatment or social support.

Some are set out in the Patient Rights (Scotland) Act 2011 and Equality Act 2010, while others come from targets that the Scottish Government has set. The Health and Social Care Standards set out what people should expect when using health, social care or social work services in Scotland.

Social security benefits

You can apply for social security benefits if you are too ill to work, or if you are disabled.

The benefits system is complicated and changes often. Citizen’s Advice Scotland provides a comprehensive guide to benefits, tax credits and funds. We strongly recommend that you ask a welfare advisor for help with your benefits application.