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

Is Legal Advice an Option Before Sectioning?

You're entitled to seek counsel from a solicitor or legal adviser about your rights prior to being sectioned. However, there are some caveats :

Health professionals aren't required to delay their decision to section you until you've consulted legal advice.
While a solicitor can't prevent you from being sectioned, they can guide you on how to request discharge once you're in hospital.
An Independent Mental Health Advocate (IMHA) may also be available to assist you in articulating your views and offering support.

Can I Lock My Door to Prevent Sectioning?

If you're at home and choose to lock your door, it's generally illegal for anyone to enter without your consent. However, the Mental Health Act provides exceptions :

Health professionals can obtain a warrant to enter your home.
The police may accompany them if necessary.
These actions are permissible if there's reason to believe you're either living alone and not taking care of yourself or not being properly cared for by someone else.

Can I Decline Hospital Admission?

Under the Mental Health Act 1983, health professionals have the authority to take you to a hospital. If you resist, they can use reasonable force or even involve the police.

As long as the proper procedures are followed and the sectioning papers are correctly filled out, you'll be lawfully required to go to the hospital for assessment and possibly treatment.

Practical Steps to Take

If you're keen on avoiding hospitalisation, consider the following :

Chat :Engage in dialogue with the healthcare team to demonstrate your ability to manage your condition in the community.
Question : Ask for the reasons behind your assessment and the concerns they have about you.
Consult Your GP: If possible, consult with your general practitioner to discuss alternative treatment options that don't involve hospitalisation.
Provide Evidence: Offer any medical records, treatment plans, or letters from healthcare providers that support your case for not needing to be sectioned.
Involve Trusted Individuals: Have friends or family members who are familiar with your situation present during the assessment to vouch for your ability to cope outside of a hospital setting.
Know Your Rights: Familiarise yourself with the Mental Health Act and your rights under it. This knowledge can empower you during discussions with healthcare professionals.
Seek a Second Opinion: If circumstances allow, you may want to seek a second opinion from another healthcare provider to challenge the initial assessment.
Create a Crisis Plan: Having a pre-established crisis plan can show healthcare professionals that you've thought about how to manage your condition in challenging times.
Be Honest but Clear: While it's important to be honest about your condition, being clear and assertive about your ability to manage it outside of a hospital can be beneficial.
Ask for Home-Based Treatment: Inquire if outpatient or home-based treatment options are available as an alternative to hospitalisation.

Frequently Asked Questions

What are the costs associated with legal advice and how can I afford it?

Legal advice may come with costs, but financial support might be available through legal aid if you meet certain criteria. Additionally, some solicitors offer a free initial consultation. It's important to discuss fees and payment options upfront with your legal advisor.

How can I find an Independent Mental Health Advocate (IMHA)?

You can find an IMHA through your local NHS Trust, social services, or by searching online for mental health advocacy services in your area. Hospitals usually have information on how to contact an IMHA.

What happens if I'm not at home when they come to assess me?

If you're not at home, arrangements may be made to assess you at another time or location. It's important to communicate with the healthcare team or the AMHP to ensure you're aware of the assessment schedule.

Can family members or friends intervene during the sectioning process?

While family members or friends can offer support and express concerns, the final decision rests with the healthcare professionals conducting the assessment. However, their input can be valuable, especially if it provides insight into your ability to manage your condition.

What should I do if I feel my rights have been violated during the sectioning process?

If you believe your rights have been violated, you can file a complaint with the hospital or NHS Trust, seek advice from an IMHA, or consult a solicitor specializing in mental health law to explore your legal options.

Is there a way to prepare for a potential sectioning assessment?

Preparing for a potential sectioning assessment involves understanding your rights, gathering any relevant medical documentation, considering creating a crisis plan, and discussing your situation with trusted individuals who can support you during the assessment.

What are the implications of being sectioned for my long-term mental health treatment?

Being sectioned can be a pivotal moment in your treatment journey, potentially leading to more intensive support and resources. However, it also may affect your autonomy and the way you're perceived by others. Long-term implications vary greatly among individuals and depend on the specific circumstances and treatments received.