How coronavirus is affecting mental health treatment
What does it mean if you are “sectioned”?
When people are “sectioned”, this means that they are detained under the Mental Health Act 1983. Being “sectioned” usually refers to them being required to stay in hospital for a period of either 28 days for assessment, or minimum periods of 6 months for medical treatment. People can only be detained under the Mental Health Act if two doctors (one of whom is a specialist psychiatrist) and a social worker who is trained to deal with mental health work all agree that they need to be detained in hospital, and there is no reasonable alternative to that.
Emergency legislation has been introduced by the government which includes temporary measures to change the Mental Health Act. Usually three professionals must agree that a patient needs to be detained. Under the new legislation the number of doctors needed to agree to the detention is reduced to one. However, the reason for the decision to detain a patient on the recommendation of only one doctor must be recorded in writing. Additionally, the reason must be related to staff shortages caused by coronavirus which means it would take too long for a second doctor to assess the patient.
People can be released from their section by their own consultant psychiatrist at any time. Detained patients also have a right to appeal to an independent legal body called the Mental Health Tribunal, and the Tribunal has the power to order that a patient be discharged (even if their own consultant disagrees) after a hearing. At these hearings, there is a thorough investigation of the patient’s current mental health, and what risks they could present to either themselves or to others if discharged. All patient’s detained under the Mental Health Act will automatically receive free legal aid to see a solicitor and to discuss appealing to a Tribunal.
If you require further legal advice contact Ben Hoare Bell LLP to speak to a solicitor. Please phone 0191 565 3112 or email advice@benhoarebell. co.uk. Visit www.benhoarebell. co.uk for further information.