The Mental Health Act

As a result of mental illness and the symptoms often involved in such diagnoses, people may become deprived of the ability to make a rational decision about seeking and accepting treatment for their illness. When this happens and there is a risk to self or others, it can be necessary to enforce treatment and admission to hospital.
An Act of parliament known as The Mental Health Act 1983 covers compulsory admission, the rights of people while detained, discharge from hospital and aftercare. The Act applies in England, Wales and Northern Ireland, but Scotland has its own legislation.

Compulsory admission to a psychiatric hospital is admission of someone with mental health problems against their will.

The Mental Health Act 1983 is divided into Sections. When you are admitted to hospital under compulsion this is commonly known as "being sectioned".

You can be sectioned under a number of different sections for the purpose of being assessed for or receive treatment for a mental disorder. This part deals only with the civil sections of the Act that is the sections that do not involve the criminal law. These include sections 2, 3, 4, 5(2) and 5(4).

What happens when you are sectioned?

When you are sectioned three people must agree that you need to be detained, although there are exceptions such as in urgent situations. Usually, they would be an Approved Social Worker (ASW) or nearest relative, a section 12 approved doctor and a registered medical practitioner. One of the doctors should know you.

The two doctors must agree that you are "suffering from a mental disorder of a nature or degree which warrants the detention of the patient in a hospital for assessment or treatment for at least a limited period" and that you "ought to be detained in the interests of your own health or safety or with a view to the protection of other people".

The ASW may also ask your friends and relatives information about your health. If you do not wish them to do this you should tell the ASW. The ASW will then decide whether to make an application to a hospital for a bed for you. The person making the application must have seen you within the past 14 days while the doctors must have seen you together or within five days of each other.

Can I avoid being sectioned?

There is no legal means of avoiding being detained. However, if you feel that you do not need to be sectioned you should let the doctor know why, how you feel you will be able to cope, and what forms of support you have if you are not sectioned. Under the Mental Health Act Code of Practice the people assessing you should consider all alternatives to compulsory admission. If you wish to have a friend or family member with you, you should let the ASW or nearest relative know.

Sectioning may happen at your home, in hospital, in a place of safety or in a police station. If you are not in hospital they will usually arrange for you to be taken there in an ambulance. In some areas of the country the police may accompany the medical practitioners or take you to hospital.

National Advice Service Factsheets

The information in this section is taken from the NAS factsheet, which you can download in pdf format and print for individual use. 

Detention under the Mental Health Act factsheet