Nigel Turner's HyperGUIDE to the Mental Health Act

Section 3

Admission for Treatment

Summary

Section 3 provides the authority for someone to be detained in hospital for treatment. It requires an Application which is based on two Medical Recommendations.

Duration

Up to 6 months initially. This Section may be renewed for a further 6 months and then for a year at a time.

Conditions

The grounds for the Application, as stated in the Act, are that person:

• is suffering from mental illness, severe mental impairment, pschopathic disorder or mental impairment and his mental disorder is of a nature or degree which make it appropriate for him to receive medical treatment in a hospital; and
• in the case of pschopathic disorder or mental impairment, such treatment is likely to alleviate or prevent a deterioration of his condition; and
• it is necessary for the health or safety of the patient or for the protection of other persons that he should receive such treatment and it cannot be provided unless he is detained under this Section.

Notes

This Section will typically be used following a Section 2 when extended treatment is required. It will also commonly be used in cases where someone, and their mental health difficulties, are well-known to the hospital. Therefore, a firm treatment plan, rather than open-ended assessment, can take place early in the period of detention.
A Section 3 cannot normally be imposed if the Nearest Relative objects.