Detained patients' knowledge of their legal status and rights

Abstract

Few studies have addressed the issue of detained patients' knowledge of their detention and legal rights. Existing evidence suggests that this knowledge is often poor and that patients may not know how to exercise their legal rights. In the present study, 111 patients detained at the Carstairs State Hospital in Scotland were surveyed to determine their level of knowledge of their detention and legal rights, to examine factors associated with this knowledge and to study the relationship between patients' level of knowledge and the likelihood of their having exercised their legal rights. In keeping with the findings of other studies, a significant proportion of patients showed considerable gaps in their knowledge. Patients who had made use of their right of appeal or who had contacted the Mental Welfare Commission of Scodand during their admission had higher overall levels of knowledge, suggesting that this might be a factor in patients' willingness and ability to make use of their rights. The relationship between patients' knowledge of their detention and legal rights and the act of exercising these rights, however, is likely to be complex. Further prospective work involving a formal process of informing and educating patients is required to clarify this relationship.