Section 2
This allows a person to be admitted to hospital for an assessment of their mental health. Assessment can mean whether you suffer from a mental disorder; which type of mental disorder you have; or how you might respond to treatment. A section 2 is usually used when you have not been assessed in hospital before or when you have not been assessed in hospital for a considerable period of time.
how is a section 2 carried out?
An application for admission to hospital under a section 2 must be made by an Approved Social Worker (ASW) or your nearest relative. They must have seen you within 14 days of making the application. In addition you must be seen by two separate doctors, one of whom have been approved to do this under the Mental Health Act. The doctors must have seen the patient within 5 days of each other.
how long can I be detained for?
You can be detained for up to 28 days but does not necessarily mean you will be. Section 2 cannot be renewed but you may be transferred onto a section 3.
what are my rights on a section 2?
You should be given a leaflet 6 by a member of the hospital staff which explains your legal rights. You have the right to appeal against detention to a Mental Health Review Tribunal during the first 14 days that you are detained. You also have the right to appeal to the Hospital Managers to review your detention.
can I be treated against my will?
Under a section 3 you do not have the right to refuse treatment. This can include taking blood samples required in order to administer some drugs. Some treatments, however, cannot be given to you without your consent unless specific criteria are fulfilled. These treatments include psychosurgery, and electro-convulsive therapy (ECT). For more information on these circumstances contact the Rethink National Advice Service. If you are unhappy about the treatment you are receiving you should talk to your named nurse or psychiatrist. A mental health advocate may be able to help you put your case.
who can discharge me?
You can be discharged from a section 2 by: the doctor responsible for you care in hospital (Responsible Medical Officer (RMO),the Hospital Managers at a Hospital Managers hearing, the nearest relative, the Mental Health Review Tribunal(MHRT).
what sort of aftercare can I expect?
For many people the time after you have been discharged is as crucial period. When you are discharged a care plan should be drawn up under the Care Programme Approach scheme. Many hospitals also agree to contact you within 7-14 days of discharge to see how you are getting on.
An application for admission to hospital under a section 2 must be made by an Approved Social Worker (ASW) or your nearest relative. They must have seen you within 14 days of making the application. In addition you must be seen by two separate doctors, one of whom have been approved to do this under the Mental Health Act. The doctors must have seen the patient within 5 days of each other.
how long can I be detained for?
You can be detained for up to 28 days but does not necessarily mean you will be. Section 2 cannot be renewed but you may be transferred onto a section 3.
what are my rights on a section 2?
You should be given a leaflet 6 by a member of the hospital staff which explains your legal rights. You have the right to appeal against detention to a Mental Health Review Tribunal during the first 14 days that you are detained. You also have the right to appeal to the Hospital Managers to review your detention.
can I be treated against my will?
Under a section 3 you do not have the right to refuse treatment. This can include taking blood samples required in order to administer some drugs. Some treatments, however, cannot be given to you without your consent unless specific criteria are fulfilled. These treatments include psychosurgery, and electro-convulsive therapy (ECT). For more information on these circumstances contact the Rethink National Advice Service. If you are unhappy about the treatment you are receiving you should talk to your named nurse or psychiatrist. A mental health advocate may be able to help you put your case.
who can discharge me?
You can be discharged from a section 2 by: the doctor responsible for you care in hospital (Responsible Medical Officer (RMO),the Hospital Managers at a Hospital Managers hearing, the nearest relative, the Mental Health Review Tribunal(MHRT).
what sort of aftercare can I expect?
For many people the time after you have been discharged is as crucial period. When you are discharged a care plan should be drawn up under the Care Programme Approach scheme. Many hospitals also agree to contact you within 7-14 days of discharge to see how you are getting on.
