Your rights

What does being "SECTIONED" mean?

It means you are legally detained in a place of safety or in hospital under the Mental Health Act 1983 for the purpose of assessment and/or treatment without your consent, for a defined period of time. You may be suffering from a mental illness or be suspected of having a mental disorder that puts you or those around you at risk if left untreated.

During this detention, you may be treated by your Responsible Clinician (RC) without your consent. Your may also be restricted in terms of your freedom.

"Mental Disorder" covers conditions such as Schizophrenia, depression, bipolar affective disorder etc.... You may have a lengthy history or be someone who has never before experienced mental health problems.

Who decides if I should be detained?

The Mental Health Assessment is made by an approved social worker (ASW), a doctor with specialist experience with mental disorders, and one other doctor who should ideally know you.

What can I do if I am sectioned?

You have right to an independent review of your detention by way of Mental Health Review Tribunal (MHRT) and Hospital Managers Meeting (HMM). The MHRT and HMM have the power to remove the section and discharge your detention.

Mental Health Review Tribunal (MHRT):

This an independent panel made up of a legal member / judge (lawyer), medical member (usually a psychiatrist) and a lay person.
Before the hearing, the medical member will visit with you to assess your mental health.
The Tribunal will hear evidence from your doctor (RC), the nursing staff, social worker and from you.
We, as your legal representative, can ask questions of the RC, nursing staff and social worker.
They have the power to discharge the section, to make directions, and to recommend leave or transfer.

Hospital Managers Meeting (HMM):

This an independent panel made up three Hospital Managers with an interest in Mental Health.
They will hear evidence from the medical team and ask you give evidence at the meeting.
We, as your legal representative, can ask questions of the medical team.
They have the power to discharge the section.

What is a SECTION 2 order?

Section 2 is an admission for assessment order. It lasts up to 28 days and cannot be renewed. It is important to note that although it is an assessment order, your doctor (RC) can treat you with antipsychotic medication during this admission without your consent.

What can we do to help you if you are on a Section 2?

You can appeal to the Tribunal and we can submit and represent you through this process.
The hearing date will come within 7 working days and the Tribunal will take place at the hospital itself.
Representation is free of charge, legal aid is available for Tribunals and it is not means tested.
We can attend you on the unit within 24 hours to take your full and detailed instructions.
We will remain in dialogue with you through the process, right through to the hearing and consequent to your Tribunal.
We can reassure you and advise as to your status as it may be the first time that you have been brought into hospital.

(If you do not appeal within 14 days of being sectioned, you lose your right to appeal to the MHRT. In this instance we can lodge an appeal to the Hospital Managers who also have the power to order your discharge, and represent you at the HMM).

What is a SECTION 3 order?

Section 3 is an order for treatment in a hospital setting for up to 6 months initially. Your detention can subsequently be renewed for another 6 months and then on a 12 month basis following that. During this detention the RMO can treat you with anti psychotic medication without your consent.

Submit a Tribunal appeal and represent you through the process.
Submit a Hospital Managers Meeting which may well get you a hearing within 2/3 weeks.
Liaise with the clinical team as relevant, e.g. getting time out namely Section 17 leave.
We can remain in contact with you throughout the process and you can speak with us by way of a phone call as required.
Legal aid is available and is not means tested for Mental Health Review Tribunal matters.

Your doctor, the nurses and a social worker will provide reports which we will read through in detail with you. We will ensure your views in relation to the reports are made known to the Tribunal and Hospital Managers.

We can represent you at a MHRT and the HMM and ensure that your detention is challenged within the legal framework of the Mental Health Act 1983.

What can my Nearest Relative do to help me?

Your nearest relative has the power to object to your detention.
We can help your nearest relative apply for your discharge.
We can fully advise your nearest relative of his or her rights.
You or your nearest relative can call us directly for any clarifications.

What if I am not in hospital?

You may be on a Section 25 order, in which case we can help you appeal to a MHRT to have the order removed.

Alternatively, you may be unhappy with some aspects of your care or follow up in the community. We can advise you in terms of your Section 117 aftercare issues and help you enforce your rights.

What if I am in hospital but not seeking a Tribunal?

There may be issues in terms of your care in terms of your placement e.g's:

If you are on an intensive care unit and you wish to be moved to an open ward.
Difficulties with your ultimate accommodation in terms of aftercare as you are stuck on the ward with no accommodation to move to.
Blockage on your leave as you wish further leave to be made available.
Plans to send you out into the community under a Section 25 order and you are unclear as to it's implications and your rights.

We can advise you of your rights in the above circumstances, non Tribunal matters can allow us to represent you under the legal aid scheme but are means tested, we can check eligibility via a phone call as required.

Unhappy about your aftercare?

There may be circumstances where your follow up by the team namely, ASW, CPN, Assertive Outreach etc has difficulties or is insufficient. We may be able to assist you and force your rights in this regard.

New Mental Health Act Provisions:

The new Mental Health Act and Supervised Community Treatment orders will impact upon those who are resident at home as they in effect will be on a Mental Health order which does enjoy a right to appeal via the Mental Review Tribunal service. We can advise you advise you as to the implications of the new act.
And we continue to deal with ongoing applications for CTO matters.

The forensic sections

We can provide representations in circumstances where you are detained under Section 37/41 restriction order, 37 order or a transfer from prison under the 47/49 transfer provisions. We can represent you within Tribunal proceedings. Legal aid can be provided without charge as this area is not means tested in terms of Tribunal matters.

The objectives in this area can be varied and include the following:

You are seeking a removal of your section.
You are seeking to be transferred to a lower secure environment.
You are wishing leave to be expanded for you and there are complications.
There are difficulties in terms of your aftercare and discharge package.
You may have a lifer status where the route to discharge is a complicated one.
Dialogue with the Ministry of Justice and clinical team can take place where relevant.
We can represent in Managers meeting where appropriate for example on a Section 37 status.

We are franchised by the Legal Services Commission and can provide FREE LEGAL ADVICE and representation.