BEING DETAINED UNDER THE MENTAL HEALTH ACT

The main ways you can be admitted to, or treated in, hospital under the Mental Health Act are described below.

Section 2: ‘Detention for assessment’

You can be forced to go into a hospital for an assessment under the law called Section 2 of the Mental Health Act 1983. The assessment can last for up to 28 days. It normally needs two doctors and an approved mental health professional to decide this, although in an emergency situation only one doctor is required. They must believe that you are suffering from a mental disorder and that it is in the interests of your health, safety or that of others to make you go into hospital for an assessment. A section 2 can be transferred to a section 3 during or at the end of the 28 days

Section 3: ‘Detention for treatment’

You can be forced to go into a hospital for treatment under the law called Section 3 of the Mental Health Act 1983. The treatment can last for up to 6 months, after which it can be renewed. It also needs two doctors and an approved mental health professional who again must believe that you are suffering from a mental disorder and that it is in the interests of your health, safety or that of others to make you go into hospital for treatment

Temporary Holding Power

If you are already in hospital and receiving treatment voluntarily and you decide that you are going to leave then the doctor or approved clinician in charge of your treatment may detain you for up to 72 hours if they think that it may be necessary to attempt to use Section 2 or 3 to get you to stay longer. During this time they will usually attempt to get you to stay as an informal patient.

Nurse’s Holding Power

If you are already in hospital and receiving treatment voluntarily and you decide that you are going to leave then a nurse can detain you for up to 6 hours if they believe you are suffering from a mental illness and that it is in the interest of your safety or that of others to make you stay in hospital.  This is so that the doctor or approved clinician in charge of your treatment can decide if they need to use their own holding power.

A member of staff should explain all of this to you in more depth.

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