Voting Rights
Publication date: 25 Apr, 2017
With the General Election coming up on 8 June, we have been asked about the eligibility to vote for people receiving treatment in hospital for mental ill health, or for people with issues related to their mental capacity.
For example, we've been asked whether people can vote when they are staying in hospital long term, and receiving treatment for their mental health. And whether people can vote if there are questions about their mental capacity, or if they are detained under mental health legislation.
The main place for authoritative guidance on these issues is the Electoral Commission. But I thought it may be useful to publish this short note, with links to key sections of the Electoral Commission's guidance.
An immediate point is that the deadline for registering to vote is 22 May 2017. The link to register online is here, and the same section explains how to register by post. We would encourage anyone who is eligible to vote, and wishes to do so, to get registered. It only takes a few minutes, but allows you to participate and to have your say.
In looking at eligibility, pages 15 and 16 of the Electoral Commission's guidance given to electoral registration officers, advises that people who have been admitted to hospital because of their mental health, and have been there long enough to be regarded as a resident, can register to vote using the hospital or care establishment as their address.
The same section of the document says that people who are in hospital for mental health treatment for a shorter time can register to vote using their permanent home as their address, even though they are a short term resident in hospital.
Page 25 of the guidance states that 'a lack of mental capacity is not a legal incapacity to vote' and explains the voting rights of a person in that situation, and the role of their carer or proxy. People do not lose their right to vote because they are subject to guardianship under the Adults with Incapacity Act, or detained under the Mental Health Act. The only exception is people detained under criminal procedures following conviction for an offence.
The Commission will put more detailed FAQs online, and you can contact the Electoral Commission for further advice.
Colin McKay
Chief Executive
Mental Welfare Commission