Nigel Turner's HyperGUIDE to the Mental Health Act

Overview

• GENERAL PRINCIPLES: What the Act covers and how the law treats people with mental health needs, as compared with the population in general. Who's Who.

• COMPULSORY ADMISSION TO HOSPITAL OR GUARDIANSHIP:
  • How it STARTS. The process of "being sectioned", and the effect of the Section.
  • DURING a period of detention. Treatment, Leave, etc.
  • How it ENDS, Who can discharge. Appeals that can be made.
  • AFTER leaving hospital. Aftercare. Supervised Discharge.

• FURTHER INFORMATION and OTHER MATTERS. Organisations which publish further information. Links to other Web Sites.

GENERAL PRINCIPLES AND PURPOSE

Scope and Definitions

• The Act deals with people who have a "Mental Disorder" which is defined and limited in Section 1.
• The effect of detention - a curtailing of citizen's rights.
• In the interests of a person's health and safety: when the law says this is for your own good.

Who's Who in the Mental Health Act

• The individuals, organisations and committees involved.

STARTING A PERIOD OF DETENTION UNDER THE ACT

Admission to Hospital

• Section 2. Admission for assessment for up to 28 days.
• Section 3. Admission for treatment for up to 6 months initially.
• Section 4. Emergency admission for up to 72 hours initially.
• Section 5(2) and 5(4). People who are voluntary patients in hospital can be detained by a doctor or nurse pending a further assessment.

Being taken to a Place of Safety

• Section 135. A court order can be obtained to break into a property to remove a person to a Place of Safety.
• Section 136. Someone found in a public place, who appears to have a mental disorder, can be taken by the police to a Place of Safety.

Guardianship

• Guardianship Orders. These allow for someone to be subject to the Guardianship of a social services authority or a named individual.
• Consequences of Guardianship.

Admission as a Result of Criminal Proceedings

• Section 35. Remand to hospital for a report on a person's mental health.
• Section 36. Remand to hospital for treatment.
• Sections 37 and 38. Hospital Orders imposed by the Court.
• Section 41. Restrictions on discharge.
• Sections 47 and 48. Transfer of prisoners to hospital for treatment.

DURING A PERIOD OF DETENTION

Consent to Treatment

• Section 57. Treatment which requires the patient's consent and a second medical opinion.
• Section 58. Treatment which requires the patient's consent or a second medical opinion.
• Section 62. Urgent Treatment.
• General Points on Consent.

Leave and Absence

• Section 17 Planned / authorised leave.
• Sections 18 and 21 Unauthorised absence: Absence without leave, and Returning.
• Section 19 Transfers.

THE END OF A PERIOD OF DETENTION

The Power to Discharge

• The people who can bring a period of detention or guardianship to an end are listed at Section 23.

Review of Detention or Guardianship: Appeals and Referrals

• Appeals and Referrals to the Hospital Managers and/or the Mental Health Review Tribunal

AFTER DISCHARGE

Aftercare - Support following Discharge

• Aftercare arrangements: Section 117. Statutory and voluntary agencies should co-operate to provide aftercare for people who have been detained for treatment. Such a requirement is consistent with the Care Programme Approach.
• Supervised Discharge. The Mental Health (Patients in the Community) Act 1995 provides for people to be supervised following their discharge from hospital.

OTHER MATTERS

Further Information

• Links to Other Web Sites