Part 2 of the Act deals with patients who are detained in hospital but have no criminal proceedings against them. These are referred to as civil sections. Part 3 of Act, known as the ‘Forensic Sections’, deals with patients who have been involved in criminal proceedings.
What is Section 2 of the Mental Health Act?
What is a Section 2 of the Mental Health Act? Section 2 is part of the civil sections under the Mental Health Act. It provides for someone to be detained in hospital under a legal framework for an assessment and treatment of their mental disorder.
What does being sectioned under Section 2 mean?
Section 2. Section 2 allows compulsory admission for assessment or assessment followed by treatment. It can last up to 28 days. It is the most common way for people to be detained, Under a section 2 (S2), you are detained in hospital for assessment of your mental health and to get any treatment you might need.
What is a Section 3 under Mental Health Act?
This section allows for a person to be admitted to hospital for treatment if their mental disorder is of a nature and/or degree that requires treatment in hospital. In addition, it must be necessary for their health, their safety or for the protection of other people that they receive treatment in hospital.
How do I get out of Section 2?
If you are under section 2 or 3, your Nearest Relative can discharge you. But your psychiatrist can prevent this if they think you are ‘dangerous’ to yourself or others. If you are on section 2 and you want to appeal, you have to apply to the tribunal within 14 days of being sectioned.
How long does a Section 2 last?
How long does it last and what happens next? You can be kept in hospital for up to 28 days. The mental health professional in charge of your care and treatment under the MHA is known as the Responsible Clinician or RC and he/she can discharge you from section at any time if you no longer require to be sectioned.
How long can a person be detained under section 2?
How long can you be detained under section 2? Up to 28 days. The section can’t normally be extended or renewed.
Can I refuse medication under section 2?
Can I refuse treatment? If you are sectioned under sections 2, 3, 37 and certain other sections of the Mental Health Act, and your treatment is for your mental health problem and prescribed by your responsible clinician, legally it may be given to you without your consent.
Can you refuse to be sectioned?
Can I refuse to go to hospital? The Mental Health Act 1983 gives the AMHP and the other health professionals the right to take you to hospital. If you refuse to go with them, they have the right to use reasonable force to take you to hospital or they may call the police for assistance.
What kind of person would receive a section 48 49?
Section 48/49 – Removal to hospital of other prisoners with restrictions. Why am I on a Section 48/49? You are a prisoner waiting to be sentenced. On the advice of two doctors, the secretary of state decided that you need to be in hospital for treatment of a serious mental health problem.
What is Section 117 Mental Health Act?
Section 117 of the Mental Health Act says that aftercare services are services which are intended to: meet a need that arises from or relates to your mental health problem, and. reduce the risk of your mental condition getting worse, and you having to go back to hospital.
Do you have to pay for care if you are sectioned?
In a nutshell: Clinical Commissioning Groups (CCGs) and local authorities pay. The individual should not be charged. However, there are several things to keep in mind… Under Section 117 CCGs/NHS and local authorities are obliged to provide free care until the Section is lifted.
What are my mental health rights?
People living with mental health conditions have the right to make decisions about their lives, including their treatment. Just as all Americans, they should be assumed competent to make their own decisions, and a refusal of any type of treatment should not be considered evidence that a person is incompetent.
What does treatment for mental disorder include?
Mental Health Treatments
- Psychotherapy. Psychotherapy is the therapeutic treatment of mental illness provided by a trained mental health professional. …
- Medication. Medication does not outright cure mental illness. …
- Hospitalization. …
- Support Group. …
- Complementary & Alternative Medicine. …
- Self Help Plan. …
- Peer Support.
How many medical recommendations are required for section 2?
Two written medical recommendations, which can be on a joint recommendation form, are required (s2(3)); one doctor must be approved under s12 by the Secretary of State as having special experience in the diagnosis or treatment of mental disorder.
Can a suicidal patient leave the hospital?
In fact, in many cases today, patients are discharged before they feel they are ready to go home, while they are still feeling somewhat overwhelmed and suicidal. If you enter the hospital on a voluntary basis, you are typically free to leave the hospital once your level of suicidality has decreased.