At Garratts, our experienced mental health solicitors are dedicated to providing compassionate and effective legal representation to those facing detention under the Mental Health Act.
Understanding Detention Under the Mental Health Act
The Mental Health Act 1983 provides a legal framework for assessing, treating, and detaining individuals experiencing mental health challenges in England and Wales. Detention is considered when a person’s mental health condition poses a risk to their own health or safety, or the safety of others.
It is important to point out that the Mental Health Act is currently under review, with potential changes coming in the future. The government has proposed reforms to modernise the Act and strengthen patients’ rights and choices.
Several sections of the Mental Health Act can be used for detention, including:
- Section 2: This section allows for detention for assessment or assessment followed by treatment, for up to 28 days. It requires recommendations from two doctors and an approved mental health professional (AMHP).
- Section 3: This section permits detention for treatment, for up to six months, with possible renewals. It also requires recommendations from two doctors and an AMHP.
While detained, individuals retain important rights, including the right to:
- Information: To receive information about their detention and treatment.
- Legal representation: To consult with a solicitor and have legal representation at any hearings.
- Appeal: To challenge the detention decision through a Mental Health Tribunal.
- Second medical opinion: To request an independent medical assessment of their condition.
- Independent Mental Health Advocate (IMHA): To access support from an IMHA to help understand and exercise your rights.
The Detention Process
The process of detention under the Mental Health Act typically involves several stages:
- Assessment: A person’s mental health is assessed by healthcare professionals, including an AMHP.
- Recommendation: If deemed necessary, two doctors and an AMHP will make recommendations for detention.
- Admission to hospital: The individual is admitted to a hospital for assessment or treatment.
- Mental Health Tribunal: A tribunal reviews the detention and can either uphold it, discharge the patient, and in certain circumstances make recommendations for further care.
Aftercare and Community Treatment Orders
Following detention, individuals may be eligible for aftercare services under Section 117 of the Mental Health Act. These services aim to support recovery and prevent future hospitalisations.
Additionally, some individuals may be placed on Community Treatment Orders (CTOs) upon discharge, which allow for supervised treatment in the community.
Your Rights During Detention
Understanding your rights during detention is vital. These include:
- The right to appeal against your detention
- The right to refuse certain treatments (with exceptions)
- The right to receive information about your care and treatment plan
- The right to maintain contact with family and friends (subject to some restrictions)
- The right to access an Independent Mental Health Advocate (IMHA)
Frequently Asked Questions (FAQs)
How long can detention under the Mental Health Act last?
The duration of detention is not set in stone and can vary significantly based on individual circumstances. For Section 2 cases, detention can last up to 28 days. Section 3 detentions can last up to six months initially and it can be renewed.
What is the role of a mental health tribunal?
A mental health tribunal is an independent body that reviews detention decisions. They assess whether the criteria for detention are still met and can order your discharge or in some circumstances make recommendations about your treatment and care.
Can I appeal against my detention?
Yes, you have the right to appeal against your detention to a Mental Health Tribunal. A solicitor can help you prepare your case and represent you at the hearing.
What rights do my nearest relatives have?
Your nearest relative has certain rights under the Mental Health Act, including the right to request a Mental Health Act assessment and to be informed about your detention or discharge.
What is a Community Treatment Order (CTO)?
A CTO is a legal order that may be used when you’re discharged from detention. It sets conditions for your treatment in the community and allows for quick recall to the hospital if necessary.
How does the Mental Capacity Act relate to mental health detention?
The Mental Capacity Act 2005 often intersects with Mental Health Act cases, particularly when assessing a person’s ability to make decisions about their care and treatment.
