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Summary of Sections - Mental Health Act 1983

Summarised below are the most commonly used sections of the act. For further or more detailed information please click here>>

SECTION 2:

• Admission for assessment of your mental health or, assessment followed by treatment. 
• It may be for up to 28 days.
• It is not renewable.

GROUNDS:

The patient suffers from a mental disorder of a nature or degree which warrants such detention and that the patient should be detained for their own health or safety or the protection of others.

 SECTION 3

• Detention can be for up to six months. After the first six month period, it is renewable for another six months. It is then renewable for periods of one year.

• It is important to remember however, that the section does not have to run its full course and you may be discharged at any time.

GROUNDS:

The mental disorder is of a nature or degree, which makes the treatment of the patient in hospital more appropriate, and it is necessary in the interests the patient's health or safety or, for the protection of others that the patient should treatment in hospital.

For a patient suffering from a psychopathic disorder or mental impairment, there is an additional condition that medical treatment is likely to alleviate or prevent a deterioration in his/her condition.

SECTION 5(2):

• This section applies to informal patients and can enable your detention for up to 72 hours.

• Its purpose is to give time to complete a section 2 or a section 3. This means that a second opinion doctor and a ASW should be called immediately.

• Leave cannot be granted under this section.

• No rights of appeal by the patient or the nearest relative on this order.

GROUNDS:

Can be applied to a mentally disordered person already receiving treatment in hospital as an informal patient who may wish to leave the hospital before there is time to complete a section 2 or 3 assessment.

SECTION 17:

Section 17 of the act allows for a period of leave from the ward.

• The section does not apply to sections 4, 5(2), 5(4), 135, 136 as they are short term emergency assessment detention orders.

• Your consultant can grant leave of absence for patients detained under sections 2, 3 and 37.

• If you are under sections 35, 36 and 38 then you will only be granted leave if you have the permission of the court.

• If you are under sections 37/41, 47/49 and 48/49 you will only be granted leave if you have the permission of the home office.

SECTION 25- Supervised Discharge

• Supervision of the after-care of detained patients once they have been discharged into the community, to ensure they are receiving the after care provided for by s117.

• Supervision is for sixth months, renewable initially for six months and then for periods of up to one year.

SECTION 117- Aftercare

This section ensures aftercare following discharge from hospital. A Section 117 meeting will be held to discuss and arrange various aspects of the aftercare. For example:

• Finance

• Housing

• Employment

• Any known Risk Factors

Click here>> to get tips and advice for s117 meetings.

SECTION 136

This section gives the police the power to remove someone who appears to be suffering from a mental disorder in a place accessible to the public, to a place of safety.

GROUNDS

The person appears to be in immediate need of care and control and the police officer thinks it is necessary to do so in the person’s interest or for the protection of others.

SECTION 135

• This section allows the police accompanied by an approved social worker and a doctor to enter locked premises to remove someone who is known to be mentally ill.

• This is done by the Approved Social Worker seeking a warrant from a magistrates court.

GROUNDS

If there is cause to suspect that a person is suffering from a mental disorder and has been ill-treated, neglected, or not kept under proper control; or is living alone and unable to care for themselves, then a warrant may be sought from the court.

For further or more detailed information please click here>>

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