Being Sectioned: Understanding Compulsory Mental Health Treatment under the UK's Mental Health Act

How Will I Be Evaluated?

Before any legal action is taken to section you, a specialised healthcare team will be dispatched to assess your condition. This could occur at your home, in a hospital, or another safe location.

Who Will Assess Me?

The healthcare team usually consists of :

An Approved Mental Health Professional (AMHP)
A registered medical doctor, often your GP
A psychiatrists approved under Section 12

Upon arrival, the AMHP should introduce themselves and clarify the reason for your assessment. They should also carry identification.

What Happens During the Interview?

The AMHP will conduct an interview to determine if hospitalisation is the most effective way to provide the care and treatment you need. Both doctors must concur with this decision.

Medical Examination

The doctors may also perform a physical examination in addition to evaluating your mental health. This could happen on the same day or within a few days, and the doctors may examine you separately.

Your Rights During the Assessment

You can have someone accompany you, such as a friend, family member, or advocate.
You can request a private conversation with the AMHP, although they may have another professional present.
The team should adhere to the Mental Health Act Code of Practice.
The AMHP is not obligated to follow the doctors' recommendations.
Your unique circumstances, including age, gender, and social background, should be considered.
You have the right to an interpreter if needed.
You can ask questions and express your opinions, but the healthcare team is not required to agree with you.
You should be kept informed throughout the process.
You have the right to remain silent, but decisions can still be made about you.

Making the Decision

The AMHP will decide whether to proceed with sectioning you and will explain their reasoning. This information will also be shared with :

Your closest relative
The assessing doctors
Your care coordinator, if applicable
Your GP, if they weren't part of the assessment

Timeframes

For most sections, the decision must be made within 14 days. However, under Section 4, you must be admitted within 24 hours.

What Happens Next?

If a suitable bed is available, you may be admitted shortly after the assessment. The AMHP should clarify what to expect next.

Frequently Asked Questions

What if I disagree with the assessment outcome?

If you disagree with the outcome of the assessment, you have the right to seek a second opinion or appeal the decision through legal means. It's important to discuss your options with an advocate or legal representative who can guide you through the process.

Can the assessment be conducted without my consent?

Yes, in certain circumstances, an assessment under the Mental Health Act can be conducted without your consent if there are significant concerns about your mental health and the risk to yourself or others. The professionals involved must follow specific legal procedures and guidelines to ensure your rights are protected.

How can I prepare for the assessment?

To prepare for the assessment, you might consider gathering any medical or mental health records you have, thinking about what you want to say about your situation, and possibly having a friend, family member, or advocate present for support.

What criteria do the healthcare professionals use during the assessment?

The healthcare professionals use a set of criteria focused on your current mental health state, the risk to yourself or others, and whether hospital treatment is deemed necessary for your health or safety. They consider both your mental and physical health, as well as your overall well-being.

What if there's no immediate bed available after I'm sectioned?

If no immediate bed is available, the healthcare team should provide a clear plan for your care in the interim. This might include staying in a safe place under supervision until a bed becomes available, receiving care at home, or being admitted to a different facility temporarily.

How is my closest relative determined, and what if I don't want them involved?

Your closest relative is determined based on a specific order set out in the Mental Health Act. If you're uncomfortable with your closest relative being involved or wish to have someone else act in that capacity, you can discuss alternative arrangements with the AMHP or seek legal advice on how to appoint someone else.

What support is available to me after the assessment, regardless of the outcome?

Support after the assessment can include follow-up appointments with mental health professionals, access to crisis teams, and referral to community mental health services. If you're not sectioned, you may still receive recommendations for outpatient or community-based support services.