The Mental Health Act controls when individuals with mental disorders can have their freedom restricted, which may have a serious impact even on their most basic day to day activities.
When someone is held under this Act their ability to interact with the outside world may be limited and they may be forced to undergo treatment, including taking medication.
In exceptional situations, individuals may be physically restrained to receive medication.
By law, you can only be detained for as long as you meet the legal criteria under the Mental Health Act. Certain Sections only allow for a specified time period to be detained in any event, for example, if you are detained under Section 2, you can only be detained for up to 28 days before your Responsible Clinician has to decide whether to regrade you to a Section 3 or discharge you from your Section 2 detention.
When detained under Section 2, the hearing will take place within 7 days, unless there are exceptional circumstances which may mean a short delay beyond 7 days.
When detained under other Sections, the hearing will take place within 6 to 15 weeks, depending on whether you are on a forensic Section or not.
If you are detained under the Mental Health Act and apply for a Mental Health Tribunal, you automatically qualify for free legal advice and representation throughout the lifetime of your case. Other legal aid is available for Hospital Managers Meetings and CPA’s and that may involve obtaining proof of your income and savings.
Under the Consent to Treatment Provisions, medication can be given without your consent. It is always best to have a collaborative approach with the team where possible and keep an open mind in relation to medication.
Under certain Sections of the Mental Health Act, your Nearest Relative can apply to the Hospital for your discharge from detention. This process includes your Nearest Relative writing to the hospital expressing their intention to discharge you, and your Responsible Clinician then has 72 hours to determine whether you would act in a manner dangerous to yourself or others. If your Responsible Clinician does not think you would, they must discharge you. If your Responsible Clinician thinks you would be a danger to yourself or others, they can bar the discharge. At this point, a Hospital Managers Meeting will be set up to establish whether this was the correct decision, and your Nearest Relative can also apply for a Mental Health Tribunal.
The Responsible Clinician can grant escorted or unescorted Section 17 leave if it is appropriate. The Tribunal Panel can grant a legal recommendation for leave to be granted if you are detained under Section 2, Section 3 or Section 37.
If you are a forensic patient, the decision with regards to any granted leave lies with the Ministry of Justice.