Does anyone know the criteria used for sectioning? I thought you could only be sectioned to prevent a serious offence from taking place and you had to be ill as well so you wouldn’t get sectioned for something like serious fraud. I was wrong.
I have been told that they can take action even if you haven’t committed any crime and are not likely to (and are not a risk to yourself). Can someone give me a brief description of an example of behaviour that is clearly not illegal but you can still be sectioned for (harm to other people)?
If I can find where the rules are written down then maybe I can read it for myself. Has anyone got a link?
As far as I’m aware (in the UK) it mainly surounds being a danger to yourself or others whilst being non-compliant by other attempts to treat
Introduction
Being sectioned means being admitted to hospital whether or not you agree to it. The legal authority for your admission to hospital comes from the Mental Health Act rather than from your consent. This is usually because you are unable or unwilling to consent.
The term ‘sectioned’ just means using a ‘section’ or paragraph from the Mental Health Act as the authority for your detention. A better word is ‘detained’. You are detained under the Mental Health Act. The paragraph or ‘section’ number is often used so a patient may be told they are on a section 2 or section 3.
_ _
How often does this happen?
The Mental Health Act is used about 50,000 times a year in England and Wales. This isn’t 50,000 people because some people may be detained several times within a year.
_ _
Why may I be detained?
If you have, or are thought to have;
1. a mental illness which needs assessment or treatment which is
2. sufficiently serious that it is necessary for
a. your health or safety, or
b. for the protection of other people,
3. and you need to be in hospital to have the assessment or treatment. And
4. you are unable or unwilling to agree to admission.
If you are on a section 3, that is for treatment, then the treatment you need must be available at the hospital in which you’re detained.
Who decides I need detaining?
The process usually starts because your GP, a family member, a police officer or psychiatrist is worried about your mental health. The decision is usually made (other than in an emergency) by two doctors and an Approved Mental Health Professional (AMHP). One of the doctors must be specially certified as having particular experience in the assessment or treatment of mental illness. If possible, one of the doctors will already know you. The AMHP is usually a social worker, but could be a mental health nurse, psychologist or occupational therapist.
Who decides in an emergency?
It depends on where you are.
If you are in a public place, then a police officer can detain you and take you to a place of safety (usually a hospital or police station).
If you are already in hospital, then the clinician (usually a doctor) in charge of your care or treatment can detain you.
If you are in your own home, and refuse to let a doctor or AMHP in to see you, then a magistrate can give permission for your home to be entered without your permission and for you to be taken to a place of safety.
How long does the section last?
The assessment section (section 2) lasts up to 28 days.
The treatment section (section 3) lasts up to 6 months and can be renewed (for a further 6 months, then annually).
The emergency sections last up to 72 hours during which time arrangements must be made to assess if a section 2 or section 3 is necessary.
1 Like
@anon58039424. I fixed the formatting in your post. Hope that’s OK.
1 Like
Maybe not being able to take care of yourself in usa??? Anyone know? Like eating, hygiene, and housing?
Thats fine and dandy Randy
This topic was automatically closed 90 days after the last reply. New replies are no longer allowed.