When someone is being treated within a hospital or a mental health facility, they are typically there on there because they are willingly been allowed to be taken or they are a voluntary patient.
However, in some cases, there are times when a patient who is experiencing an issue relating to their mental health disorder will have to be detained under the Mental Health Act, also known as sectioned, meaning that they will be treated against their will but for the good of their health.
There will be a Mental Health Act Assessment of their condition by an approved mental health professional who will be able to determine what is going on and to see if they are potentially a risk to themselves and others.
Today, we will discuss what the Mental Health Act (1983) is, how someone can be detained, and what can happen in the aftermath.
Getting The Right Help
If you have been detained under the Mental Health Act and would like to appeal this decision, then you may want to get in contact with mental health services that can provide guidance on the right course of action plus what type of solicitors you might need.
You can also get support from an Independent Mental Health Advocate (IMHA) as they will be able to provide you with the necessary support and guidance during this time.
Your Rights
Depending on what section you are detained under with the Mental Health Act, your rights will differ.
You will need to check out which section you have been put under and how that affects your rights in the short and long term.
What is Classed as a Mental Disorder?
You can only be detained under the Mental Health Act 1983 if you have a mental disorder, however, the Mental Health Act does not say what is classed as a mental disorder, so if this act is used, approved mental health professionals will decide if someone’s mental illness matches the definition.
If you have a drug or alcohol addiction you can not be detained under this act as it is primarily for people with mental health problems, although, if the drugs or alcohol you take causes mental disorders in you, then you will be detained.
How Can You Be Detained?
Before you are detained, there will be around 3 mental health professionals who will do an assessment of you to see if you need to be sectioned.
If urgent treatment is required then things have to move along at a faster pace and complete agreement will not be the case for this kind of treatment.
The Three People Are
- An approved mental health professional (AMHP) – social worker, nurse, psychologist, or occupational therapist.
- A doctor with special training in mental health disorders (Section 12 Approved Doctor).
- Another doctor.
The approved mental health professional can only agree to have you detained under the Mental Health Act if they have seen you within the last 14 days, and the other professionals will need to have seen you at that same time or with 5 days in between.
Your nearest relative can also apply for you to be detained, however, this is rare and it is normally left up to the professionals who will be able to assess your mental health needs properly.
Where Will You Be Assessed?
You can have your assessment anywhere, this could either be at your home, in a police station, hospital, or a public place.
Prisoners of the criminal justice system will be assessed in the prison, and professionals will need to decide if they are able to be moved to be treated, and how that can be set up to ensure that other Mental Health Act patients are safe.
The AMHP should explain who they are and what they are doing there today so you can understand it clearly and don’t feel blindsided.
If you do not allow to let them in, i.e. you are in your home, then they can apply for a warrant to enter your address, especially if they feel like you could be a danger to yourself and others either inside the house or outside.
This is classed as a Section 135.
How Will You Be Assessed?
Once you are in a place where professionals feel like you and they are safe, they will then go about assessing you to see if you need to have medical treatment or be put in one of the mental health units.
They Will Ask You
- How you are feeling.
- Ask about your lifestyle, daily routine, and your living conditions.
- If you plan on harming anyone or yourself.
- If you have been taking your prescribed medication and if you have been taking drugs or drinking alcohol.
There are other questions that they will ask which will be more suited to your situation so they can gauge what is going on and are able to provide you with the appropriate medical treatment if required.
What Happens When You Are Detained?
After they have done their assessment of you and deemed that you need to be sectioned under the Mental Health Act, they will arrange for you to go to the hospital, and you may have to have a police officer come with you.
However, you cannot go unless a free bed is found for you and the hospital you are going to have approved that you can be there.
You will go to a ward that specializes in mental health problems and treatment, and you will notice that the door is locked to protect you and others.
What Are Your Rights When Detained?
You will be told what section you are under and what rights you have when you are being detained.
They should also let you know how to file a complaint, how to apply for a mental health tribunal, how to obtain an advocate, and how to get the right legal aid and advice.
The section you are under will either allow you to leave the hospital for a specific period of time (Section 17), whilst others will flat-out deny you to leave hospital grounds.
A responsible clinician will do the assessment and let you know.
What Support Can You Get?
There is support for you out there and it can either be personal (nearest relative) or it can be professional such as a solicitor.
Friends, Family, and Carers
They can visit you in the hospital and support you through your stay and treatment at set times but they will need to be approved first.
You can keep in touch with them by email, telephone, or social media, this right may not be taken away from you depending on your condition.
Emotional Support lines
Organisations such as the Samaritans can be called whilst you are being detained as well, or any other type of mental health support that is available to you.
Independent Mental Health Advocate
If you are under Sections 2 and 3 you can get help from IMHAs.
They will tell staff about your concerns and provide you with as much knowledge as possible as to why you are there and what the potential next steps could be.
What Are The Next Steps?
After going through your assessment and your detainment, there are different things that can happen next to you.
Getting Discharged
If you stop meeting the criteria for being detained, then they may allow you to be discharged as you do not need their help anymore or you are not considered to be a threat to yourself and others.
You may wish to stay voluntarily if you think you still need help but the hospital managers will have to agree for you to stay there.
They will go through discharge planning for you if you are okay to leave, which will include –
- Where you will be staying.
- What medication you will need to take.
- What support you have when you are discharged.
- Which mental health services are available to you.
Community Treatment Order
A CTO allows you to leave the hospital but you will still be under the Mental Health Act.
This also means that you will need to meet the conditions laid out for you to stay in the community.
If at any point it looks like you have slipped back or you are causing issues again, they can bring you back to the hospital.
Conclusion
The question – “What is the Mental Health Act?” Has hopefully, been answered for you today and you are a lot more aware of what can happen if you have been detained and what the potential aftermath is.
If you think that you have been unfairly held and you want to raise this issue, then you will need to get in touch with a solicitor that can help you go on to the next step and support you as you take this higher.
