Section 3
A Section 3 allows a person to be admitted to hospital for treatment. It must be "necessary for your health or safety or for the protection of other peoples that you receive such treatment and it cannot be provided unless you are detained under this section".
In addition, you must be suffering from one of four specific categories of mental disorder:
mental illness, severe mental impairment, psychopathic disorder or mental impairment
In addition the mental disorder must be of a nature or a degree that requires treatment in hospital in the case of psychopathic disorder and severe mental impairment the proposed treatment should be "likely to alleviate or prevent a deterioration" of the condition.
You can be detained under a section 3 if you are well known to the psychiatric services and there is little need for assessment, or following a section 2.
how is a section 3 carried out?
An application for admission to hospital under a section 3 must be made by an Approved Social Worker (ASW) or your nearest relative. They must see you within 14 days of making the application. In addition you must be seen by two separate doctors, one of whom has 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 6 months, but does not necessarily mean you will be. A section 3 can be renewed for a period of 6 months, and then for further periods of one year at a time.
A section 3 can only be renewed if you have been seen by the doctor responsible for you care in hospital (Responsible Medical Officer (RMO) during the 2 months preceding the date at which your section 3 is to run out. A section 3 can be renewed if the original criteria still apply and treatment is likely to "alleviate or prevent a deterioration" of your condition. In cases where you are suffering from a mental illness or severe mental impairment but treatment is not likely to alleviate or prevent a deterioration of your condition, detention may still be renewed if you are unlikely to be able to care for yourself, to obtain the care that you need or to guard yourself against serious exploitation.
what are my rights on a section 3?
You should be given a leaflet 7 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 once during the first six months of detention, once during the second six months and then once during each period of one year. You also have the right to apply for discharge to the Hospital Managers at any time whilst you are detained.
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 3 by:
the doctor responsible for you care in hospital (RMO), the Hospital Managers at a Hospital Managers hearing, the nearest relative, the MHRT.
what sort of aftercare can I expect?
The Mental Health Trust and Social Services department must provide you with aftercare services under section 117 of the Mental Health Act.
mental illness, severe mental impairment, psychopathic disorder or mental impairment
In addition the mental disorder must be of a nature or a degree that requires treatment in hospital in the case of psychopathic disorder and severe mental impairment the proposed treatment should be "likely to alleviate or prevent a deterioration" of the condition.
You can be detained under a section 3 if you are well known to the psychiatric services and there is little need for assessment, or following a section 2.
how is a section 3 carried out?
An application for admission to hospital under a section 3 must be made by an Approved Social Worker (ASW) or your nearest relative. They must see you within 14 days of making the application. In addition you must be seen by two separate doctors, one of whom has 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 6 months, but does not necessarily mean you will be. A section 3 can be renewed for a period of 6 months, and then for further periods of one year at a time.
A section 3 can only be renewed if you have been seen by the doctor responsible for you care in hospital (Responsible Medical Officer (RMO) during the 2 months preceding the date at which your section 3 is to run out. A section 3 can be renewed if the original criteria still apply and treatment is likely to "alleviate or prevent a deterioration" of your condition. In cases where you are suffering from a mental illness or severe mental impairment but treatment is not likely to alleviate or prevent a deterioration of your condition, detention may still be renewed if you are unlikely to be able to care for yourself, to obtain the care that you need or to guard yourself against serious exploitation.
what are my rights on a section 3?
You should be given a leaflet 7 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 once during the first six months of detention, once during the second six months and then once during each period of one year. You also have the right to apply for discharge to the Hospital Managers at any time whilst you are detained.
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 3 by:
the doctor responsible for you care in hospital (RMO), the Hospital Managers at a Hospital Managers hearing, the nearest relative, the MHRT.
what sort of aftercare can I expect?
The Mental Health Trust and Social Services department must provide you with aftercare services under section 117 of the Mental Health Act.
