Advice and guidance on when a relative could be ‘sectioned’
“My family member has been sectioned under the Mental Health Act and I have been told that I am their nearest relative. What does this mean?”
What does being sectioned under the Mental Health Act mean?
They are detained under the Mental Health Act 1983 (MHA). Being ‘sectioned’ usually refers to the person being required to stay in hospital for a period of either 28 days for assessment (section 2), or minimum periods of six months for medical treatment (section 3). People can only be detained under the MHA 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.
What does being someone’s nearest relative mean?
If someone is in hospital under a section 2 or 3, the MHA gives certain rights to their nearest relative. You must be consulted before your relative is detained under a section 3, unless this would not be reasonably practicable, or it would cause unreasonable delay. If your relative is detained under section 2 or section 3, then you can object to this. You can do so by ordering discharge of your relatives’ section by giving the Hospital Managers 72 hours’ notice in writing of your intention to discharge the section.
What would happen if I ordered a discharge of my relative’s section?
Your relative’s responsible clinician (RC) will have to decide within the 72-hour notice period whether to allow you to order the discharge or to bar you from doing so. If the RC issues a barring order then the Hospital Managers will decide whether you should be allowed to discharge the section.
If your relative is detained under a section 3 and your order of discharged is barred, then you will have the right to appeal to the Mental Health Tribunal. Legal aid is available.
If it is decided that you have ordered your relative’s discharge without due regards to your their welfare or to the interests of the public, then an application could be made to the court. The application could be to have you removed from the Nearest Relative Role and replaced with someone else. If the RC does not issue a barring order, then your relative’s section will be discharged after the 72-hour notice period comes to an end.