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

What Rights Do You Have When Hospitalised?

If you're detained in a medical facility under a mental health section, you're entitled to :

Receive informational brochures upon your arrival. If these aren't provided immediately, you can request them from senior healthcare staff, the ward managers, or your independent mental health advocate (IMHA).
Challenge your detention through the Mental Health Tribunal.
Access your detention documents. You can request a paper or electronic copy from the ward staff or your IMHA.
Seek assistance from an IMHA to understand your detention's implications or to file complaints.
Review the Mental Health Act Code of Practice.
Request a meeting with the hospital's administrative team.
File complaints with the Care Quality Commission or the Healthcare Inspectorate if you're in Wales.
Receive mail from your legal advisor and others, have visitors, and limited phone access.
Exercise your voting rights, provided you're registered with your local council at either your hospital or home address.

Inquiring About Your Situation

While hospitalised, you can ask for details like :

The specific section under which you're detained.
How to apply to a Mental Health Tribunal and find a mental health lawyer.
How to contact an independent mental health advocate (IMHA).
The rules about treatment consent and correspondence in the hospital.

Why Was I Detained?

If you're curious about the reasons for your detention, there are several avenues you can explore.

You can review your medical records, and an Independent Mental Health Advocate (IMHA) can assist you in this process.

Alternatively, you can have a conversation with your responsible clinician to get a clearer understanding of your treatment plan and mental health status.

Additionally, the ward staff can help clarify any details found in your medical records.

Can I Leave the Ward?

When you're first admitted to the hospital, it's likely that you won't be permitted to leave the ward. However, if you feel the need to step out, you can seek approval from your responsible clinician.

They may grant you temporary leave but could also impose certain conditions that you'll need to adhere to. In some instances, you might be granted what's known as "escorted leave," where you can leave the ward accompanied by hospital staff.

Can I Refuse Treatment?

The ability to decline treatment is contingent on the particular section of the Mental Health Act under which you've been detained.

Challenging Your Detention

To contest your detention, you can :

Request discharge from your responsible clinician or hospital managers.
Apply to the Mental Health Tribunal for discharge.
You can file complaints with the help of your IMHA to the hospital or their regulatory bodies.

Frequently Asked Questions

What happens if my request for discharge is denied?

If your request for discharge is denied, you have the right to appeal the decision through the Mental Health Tribunal. Additionally, you can seek further legal advice to explore other options available to you.

How often can I apply to the Mental Health Tribunal?

The frequency with which you can apply to the Mental Health Tribunal depends on the specific section under which you're detained. Generally, you can apply once during each period of detention, but specific rules may vary, so it's important to consult with your IMHA or legal advisor for detailed information.

Are there any restrictions on receiving visitors while I'm hospitalised?

While you have the right to receive visitors, there may be restrictions based on hospital policies, your mental health condition, and the section under which you're detained. It's best to check with the ward staff or your responsible clinician for the specific rules that apply to your situation.

What kind of mail can I receive, and are there any restrictions?

You're entitled to receive mail, including from your legal advisor. However, for safety reasons, the hospital staff may screen your mail. Legal correspondence is usually exempt from this screening, but it's advisable to confirm the hospital's policies.

Can I access the internet or use a mobile phone while hospitalised?

Access to the internet and mobile phone use may be allowed but is subject to the hospital's policies and the discretion of your responsible clinician, especially considering privacy and safety concerns. It's important to inquire about these rules upon or shortly after admission.

What support is available if I'm struggling to communicate in English?

If English is not your first language, you have the right to request an interpreter to ensure you understand your rights, treatment plans, and any legal procedures. This service is typically provided free of charge.

How can I maintain my physical health while detained?

Hospitals have a duty to care for your physical health as well as your mental health. You can request assessments and treatments for physical health concerns, and you should have access to regular meals, outdoor time, and physical activities, depending on your condition and the hospital's facilities.