В глоссарии собраны юридические термины, которые переводчик может встретить при работе с законами, касающимися психического здоровья.
| care coordinator | A care coordinator is the main point of contact and support if you need ongoing mental health care. they keep in close contact with you while you receive mental health care and monitor how that ca... |
| basic dbs check | A check of your criminal record which will show your convictions and cautions which are not spent. you can apply for a basic dbs check yourself if you live or work in england or wales. |
| clinical negligence | A clinical negligence claim is when you make a claim for compensation because the care you received from a professional was not good enough and caused you harm. |
| cohabitee | A cohabitee is person who lives with another person as if they are married without having gone through the legal process of marriage. |
| declaration of incompatibility | A court can make a declaration of incompatibility if it finds that a particular law has not obeyed the human rights act 1998. the government then looks at the law and decides whether it should be ... |
| unfit to plead | A court may decide you`re unfit to plead if it seems that you`re not able to understand the court process or instruct a lawyer to represent you. |
| debt relief order (dro) | A debt relief order is a way for you to have your debts written off if you owe less than ?15,000 and have less than ?300 in assets. you don’t have to pay anything towards your debts for 12 months ... |
| formal patient | A formal patient is someone who is being detained in hospital under a section of the mental health act, and is therefore not free to leave. g |
| lasting power of attorney | A lasting power of attorney is a legal document that lets you appoint someone, called an attorney, to make decisions for you. see our pages on the mental capacity act for more information. |
| letter before claim | A letter of claim (sometimes known as a `letter before action`) is a letter putting a person on notice that court proceedings may be brought against them. courts believe that bringing legal action... |
| litigation friend | A litigation friend is someone who can take your place in legal proceedings, if you lack capacity to take part yourself. for example, the litigation friend could instruct solicitors on behalf of y... |
| vulnerable adult | A person is considered a `vulnerable adult` if they: are aged 18 or over need community care services because of a disability, age or illness, and are unable to take care of themselves or protect ... |
| detained | A person is detained if they are being kept in hospital under section and are not free to leave. |
| registered medical practitioner | A qualified doctor, for example a gp or psychiatrist. |
| qualified right | A qualified right can only be restricted when certain general conditions are met. this means your individual rights need to be balanced with the interests of the wider community. an example of thi... |
| absolute right | Absolute human rights cannot be taken away under any circumstances or for any reason. the right to a fair trial (article 6) is an example of an absolute right. |
| released under investigation | After arrest, instead of releasing you on bail with conditions, the police can decide to release you under investigation (often referred to as `rui`). this is not the same as being released on bai... |
| safeguarding adults board | All local authorities must have a safeguarding adults board. their purpose is to: help and protect adults at risk in their areas conduct safeguarding adult reviews. a safeguarding adults board is ... |
| approved mental health professional (amhp) | Amhps are mental health professionals who have been approved by a local social services authority to carry out duties under the mental health act. they are responsible for coordinating your assess... |
| advance decision | An advance decision is a statement of instructions about what medical treatment you want to refuse in case you lose the capacity to make these decisions in the future. it is legally binding. see o... |
| advance statement | An advance statement is a written document that sets out your preferences (apart from refusals of treatment). it is not legally binding. you can ask a professional to follow this document if you e... |
| appointee | An appointee is someone appointed by the department for work and pensions (dwp) to help manage your benefits for you if you lose capacity to manage them yourself. |
| independent mental capacity advocate (imca) | An imca is a specially trained advocate who can help you if you do not have the capacity to make particular decisions. nhs bodies or local authorities must take an imca`s views into account when m... |
| independent mental health advocate (imha) | An imha is an advocate specially trained to help you find out your rights under the mental health act 1983 and help you while you are detained. they can listen to what you want and speak for you. ... |
| independent monitor | An independent body responsible for reviewing disputes from applicants regarding local police information disclosed on enhanced dbs certificates. |
| care and treatment planning (ctp) | Care and treatment planning is a way that secondary mental health services are assessed, planned, coordinated and reviewed for someone that lives in wales. it comes from a law called the mental he... |
| clinical commissioning groups (ccgs) | Ccgs were replaced by integrated care boards (icbs) in 2022. |
| circuit judge | Circuit judges are senior judges in england and wales who sit in the crown court, county courts and certain specialised sub-divisions of the high court of justice. circuit judges sit below high co... |
| community mental health team (cmht) | Cmhts support people with mental health problems living in the community, and also their carers. the team may include: a social worker a community psychiatric nurse (cpn) a psychologist an occupat... |
| enduring power of attorney | Enduring powers of attorney have been replaced by lasting powers of attorney in england and wales. however, they can still be used if they were made and signed before october 2007. |
| regulator (health and social care) | Health and social care regulators oversee the health and social care professions by regulating individual professionals. these organisations are set up to protect the public so that whenever you s... |
| best interests | Health professionals must act in your best interests before taking certain steps that affect your care and treatment. the mental capacity act has a best interests checklist, which outlines what he... |
| healthcare decisions | Healthcare decisions are made by people like gps, nurses and hospital managers. these can include decisions like: the information you`ve been given about your treatment your discharge from hospita... |
| hospital managers (also known as mental health act managers) | Hospital managers are an independent team of people in a hospital who make sure that the requirements of the mental health act are properly applied. they have certain important responsibilities an... |
| integrated care boards (icbs) | Icbs are part of the nhs and look after the health needs of people in their area. they plan and provide services and manage the nhs budget. membership of each board varies but usually includes hea... |
| trial of the facts | If the court decides that you are unfit to plead, it will have a trial of the facts instead of a full trial. the court`s sentencing powers are different if you only have a trial of the facts. u |
| diminished responsibility | If you are charged with murder, but can show that your mental health condition made you commit the crime, the court may convict you of manslaughter instead. this is called diminished responsibilit... |
| appropriate adult | If you are held by the police and they realise, or are told, that you have a mental health problem, you have the right to be accompanied by an appropriate adult. they should be an adult who is ind... |
| deprivation of liberty safeguards (dols) | If you are in a hospital or care home, your liberty can normally only be taken away if health professionals use the procedures called the deprivation of liberty safeguards. this protects you from ... |
| insanity (legal defence) | If you committed a crime, but your mental health condition meant that you did not know what you were doing, or that what you were doing was wrong, you may be able to use the defence of `insanity`.... |
| community treatment order (cto) | If you have been sectioned and treated in hospital under certain sections, your responsible clinician can put you on a cto. this means that you can be discharged from the section and leave hospita... |
| official solicitor | If you lack capacity to conduct legal proceedings for yourself, and decisions are being made for you in a court, the court may ask the official solicitor to take part in the proceedings. their job... |
| manifestly unfounded or excessive | If you make a subject access request that is `manifestly unfounded or excessive`, the organisation can refuse or ask you to pay a fee. this could include where your request is for an unnecessarily... |
| safeguarding | In social care, safeguarding means protecting your right to live in safety, free from abuse and neglect. local authorities have duties under the law towards people who are experiencing or are at r... |
| medical treatment | In the mental health act, this means medical treatment that is used to relieve the signs and symptoms of your mental health condition, or to stop it from getting worse. it includes: nursing psycho... |
| human rights act 1998 (hra) | In the uk, our human rights are protected by law. this law is called the human rights act 1998. see our pages on the human rights act for more information. i |
| inaccurate data | Information that is incorrect or misleading as to any matter of fact. |
| personal information (or personal data) | Information which relates to you in such a way that you can be identified from the information. personal information might be held on computers, in emails, printed out or in handwritten documents,... |
| liaison and diversion | Liaison and diversion services identify people who have mental health problems, a learning disability, substance misuse or other vulnerabilities when they first come into contact with the criminal... |
| limited right | Limited human rights can be restricted for specific reasons. human rights can only be restricted if it is proportionate – that is, it must be for a fair and valid reason. for example, the right to... |
| nhs resolution | Nhs resolution is the part of the nhs which has been set up to deal with negligence claims. they defend claims brought against the nhs and share learning from claims to improve patient and staff s... |
| anticipatory duty | Organisations and people who provide services or public functions and clubs and associations have to plan in advance to take account of the difficulties that disabled people may face. this means t... |
| prohibited conduct | `prohibited conduct` is the special term used in the equality act to cover behaviour that counts as unlawful. it covers discrimination, harassment, failure to make reasonable adjustments and victi... |
| protected characteristics | `protected characteristics` is the name for the nine personal characteristics that are protected from discrimination under the equality act. they are: age disability (this can include mental healt... |
| warned list | Quite often, especially in the crown court, you will not be given a fixed date for trial. instead, your case will be put into what is known as a ‘warned list’. this means that you will be given a ... |
| social care decisions | Social care decisions are made by people like social workers, nurses or support workers. these can include decisions like: how you have been assessed for social care a refusal to provide a particu... |
| section 117 aftercare | Some people who have been kept in hospital under the mental health act can get free help and support after they leave hospital. the law that gives this right is section 117 of the mental health ac... |
| tertiary care | Tertiary care is highly specialised healthcare treatment, such as secure forensic mental health services. |
| advisory conciliation and arbitration service (acas) | The advisory conciliation and arbitration service (acas) is an organisation that provides information, advice, training, conciliation and other services for employers and employees to help prevent... |
| care programme approach (cpa) | The care programme approach (cpa) is a way that secondary mental health services are assessed, planned, coordinated and reviewed for someone that lives in england (see: secondary care). secondary ... |
| court of appeal | The court of appeal deals with appeals from the crown court. |
| court of protection | The court of protection makes decisions and appoints deputies to act on your behalf if you are unable to make decisions about your personal health, finance or welfare. see our pages on the mental ... |
| data protection act 2018 | The data protection act 2018 is the law that sets out how organisations must handle and process your information. it also gives you rights to access and correct personal information held about you... |
| disclosure and barring service (dbs) | The dbs is the public agency responsible for: processing requests for criminal records checks, and deciding whether to place or remove people from the children’s barred list and adults’ barred lis... |
| equality act 2010 | The equality act 2010 is the law that protects you from discrimination and gives you the right to challenge it. see our pages on disability discrimination for more information. |
| information commissioner`s office (ico) | The ico is the independent body responsible for making sure that organisations comply with their obligations under the data protection act 2018. |
| independent police complaints commission (ipcc) | The ipcc oversees the police complaints system in england and wales. you can contact them by visiting the ipcc website. |
| mental capacity act 2005 (mca) | The mental capacity act 2005 is the law that tells you what you can do to plan ahead in case you can`t make decisions for yourself, how you can ask someone else to make decisions for you and who c... |
| mental capacity act code of practice | The mental capacity act code of practice explains how the mental capacity act should be interpreted. it places certain legal duties on health and social care professionals, and offers general guid... |
| mental health act administrator | The mental health act administrator works in the hospital and deals with collecting and keeping the section or community treatment order (cto) papers safe. they make sure that procedures are follo... |
| nearest relative | The nearest relative is a family member who has certain responsibilities and powers if you are detained in hospital under the mental health act. these include the right to information and to disch... |
| office of the public guardian (opg) | The opg helps people in england and wales to stay in control of decisions about their health and finance, and make important decisions for others who cannot decide for themselves. for example, the... |
| parental responsibility | The rights and responsibilities that a parent has for a child. this might include making decisions about their upbringing and where they live. it is possible for people who are not parents of a ch... |
| code of practice under the social services and well-being (wales) act 2014 | There are seven codes of practice which are guidance to local authorities and local health boards on how they should meet their obligations under the social services and well-being (wales) act 201... |
| social care | There`s no legal definition of social care. however, the national framework for nhs continuing healthcare says that a social care need is focused on providing assistance with: the activities of da... |
| reasonable adjustments | These are changes that: employers organisations and people providing services and public functions education providers like universities and colleges managers of properties like landlords clubs an... |
| local health boards (lhbs) | These are organisations in the health service in wales that have been set up to develop and provide health services based on the needs of the local community. |
