Section 4
You can be detained under a section 4 if:
you are suffering from a mental disorder of a nature or degree which warrants you detention in a hospital for assessment or assessment followed by medical treatment;
you need to be detained in the interests of your own health and safety or with a view to the protection of other people;
it is of urgent necessity that you are admitted and detained under section 2;
and that compliance with the usual section 2 requirements would involve an "undesirable delay".
how is a section 4 carried out?
An application for admission to hospital under a section 4 must be made by an Approved Social Worker (ASW) or your nearest relative. In addition you must be seen by a doctor (preferably one that knows you or one that has been approved to do this under the Mental Health Act). The doctors and the applicant must have seen you within the previous 24 hours and you must be admitted to hospital within 24 hours of being examined by the doctor or from when the application was made.
how long can I be detained for?
You can be detained for up to 72 hours but does not necessarily mean you will be. An appropriate second doctor should assess you as soon as possible after you are detained and decide whether the section should be converted into a section 2.
what are my rights on a section 4?
You should be given a leaflet 4 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 . You also have the right to appeal to the Hospital Managers.
can I be treated against my will?
Under a section 4 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 your psychiatrist. A mental health advocate can help you make your case.
who can discharge me?
You can be discharged from a section 4 by:
the doctor responsible for you care in hospital (RMO), the Hospital Managers at a Hospital Managers hearing, the nearest relative, the MHRT (it is unlikely a MHRT will be able to meet in 72 hours)
what sort of aftercare can I expect?
For many people the time after you have been discharged is a 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.
