The Mental Health Act

To be detained under the Mental Health Act or ‘sectioned’ someone must be suffering from a mental disorder which requires assessment or treatment and this needs to be given in hospital in the interests of their own health or safety or to protect other people. 

What happens when you are sectioned?

When you are sectioned three people must agree that you need to be detained in hospital (there are exceptions in urgent situations).

Usually, the three people would consist of:

• Approved Mental Health Professional (AMHP) or nearest relative as specified by the Act
• a doctor who has received special training
• a registered medical practitioner.

If possible, one of the doctors (one of the professionals) should already know you. They must agree that you are suffering from a mental disorder of a nature or degree which warrants your detention in a hospital. This might be for assessment or for treatment.

The reasons for you being detained should be:

• In the interests of your own health
• Your own safety 
• With a view to the protect other people.
  

Can I avoid being sectioned?

If you feel that you do not need to be sectioned, you should let the doctor know the reason why.

You may want to explain more about how you will cope at home and what support you have in place. The Mental Health Act Code of Practice states that the people assessing you should consider all alternatives to compulsory admission to hospital.

If you wish to have a friend or family member with you, you should let the Approved Mental Health Professional or your nearest relative know.

The interview may happen:

• At your home
• In hospital
• In a place of safety
• In a police station.

If you are not in hospital they will usually arrange for you to be taken there in an ambulance. The police may accompany the medical practitioners or take you to hospital if it is needed.