LEGAL EAGLE: The Mental Health Act 1983 – an explanation on what it means to be sectioned

If an individual is sectioned, they are detained under the Mental Health Act 1983 (MHA). It usually refers to the individual being required to stay in hospital for a period of 28 days for an assessment under section 2 or under section 3 for medical treatment for a minimum of six months before being renewed. The section 3 can be extended by a doctor for a further six months and then every 12 months after that.How can an individual be detained?In order for an individual to be detained an application is usually made by an Approved Mental Health Professional (AMHP) and recommendations for detention are made by two doctors that the individual needs to be detained in hospital and there is no reasonable alternative. At least one of the doctors must be an approved Section 12 doctor and one should have previous acquaintance with the individual.Technically, the nearest relative can apply for the individual to be detained under the MHA but it is usually an AMHP who applies.What is a nearest relative?If an individual is detained under section 2 or 3, the nearest relative has certain rights under the MHA. A nearest relative must be consulted before the individual is detained under section 3. There are two exceptions to this, if it would cause unreasonable delay or it would not be reasonably practicable.If the individual is detained under section 2 or 3 the nearest relative can object to the section. The nearest relative can order discharge of the section by giving the Hospital Managers 72 hours’ notice in writing of their intention to discharge the section. This would then put the Responsible Clinician (RC) on 72 hours’ notice to allow the nearest relative to order the discharge or bar the nearest relative from doing so. The RC would need to come up with evidence that if the individual was discharged, they would be dangerous to themselves or others to bar the discharge.Further routes to dischargeThe individual can appeal against their section to the Mental Health Tribunal. The Tribunal are a type of court which is independent of the hospital and has the power to discharge the section.If detained under section 2, the individual must apply to the Tribunal within the first 14 days of detention.If detained under section 3, the individual can apply to the Tribunal once during each period of detention.If the right to appeal to the tribunal has been used, a request for a Hospital Managers Hearing can be made at any time during the detention. The Hospital Managers have the power to discharge from a section 2 or 3.The RC has the power to discharge the individual at any time.Ben Hoare Bell LLP has specialist Mental Health Solicitors who can help with issues surrounding Mental Health law. To speak to a solicitor please contact us on 0191 565 3112 or email [email protected]. Visit www.benhoarebell.co.uk for more information.