Detained in Hospital?

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What is a Section?

Under Section 2 of the Mental Health Act a patient can be detained in hospital for assessment, or assessment then treatment, for up to 28 days. A Section 2 would not normally be renewed, but the patient can go on to Section 3 or stay in hospital informally.

Section 3 means detention for treatment for up to 6 months. This can be renewed for another six months, then for 12 months. Most patients do not stay in hospital for the full 6 months. Hospital orders made by magistrates’ courts (Section 37) are similar to Section 3.

You can be treated without your consent during a Section.

What does discharge mean?

Discharge can mean discharge from Section so the patient agrees to stay in hospital.

There are four ways a patient can be discharged.

The Section comes to an end.
The patient’s consultant discharges them.
The hospital managers discharge them.
The tribunal (MHRT) discharges them.

A tribunal must discharge a patient if

The person is no longer suffering from mental disorder of a nature or degree that warrants detention, or
It considers treatment is not necessary in the interests of the patient’s health, safety or protection of others, or
Appropriate treatment is not available.

A tribunal has discretion to discharge a patient.

The tribunal has powers to recommend leave, transfer or discharge as a Community Patient.

Can I apply for a review?

Patients can apply to the hospital managers and the tribunal if they are detained under Section 2, 3 or 37. It is best to use an application form which will be provided by a nurse or other member of staff. If you are detained under Section 2 you must apply to the tribunal in the first 14 days.

Reviews

Reviews or hearings are informal meetings to decide whether the patient still needs to be on Section. The consultant, social worker and sometimes a nurse will prepare written reports on the patient’s progress. The patient does not have to go to the hearing but it is best to. Sometimes it helps if a family member or friend goes with the patient to offer support.

Tribunals are independent from the hospital. They consist of three people, a lawyer who is the president, a consultant who will examine the patient beforehand and a lay member who is experienced in mental health matters.

Preparation.

Your representative will help prepare the case. This means discussing the issues and seeing if there is any evidence that would help. We would ask you to consider whether it would help to ask a family member or friend to go to the hearing.

Other meetings, Leave, treatment.

We can give you advice on these matters. However solicitors do not usually attend ward round meetings.

Legal Aid

Public Funding or Legal Aid is available for many types of legal work. Whether you are entitled to help with some or all of your legal costs usually depends on how much income and any savings you have.