Sectioning – A Guide to Being Sectioned

Sectioning is the term that is used to refer to the situation where a person is sent to hospital for mental health treatment under one of the sections of the Mental Health Act 1983. It may be deemed necessary to section you if your mental health condition means that you are a threat to your own safety or that you need to be detained in hospital for treatment for the protection of others.

The law has very detailed guidelines on how and when a person can be sectioned, and there are strict processes that must be followed in order for you to be sectioned. The following guide explains how and when a person might be sectioned, the range of treatments that they might receive, the ways they can appeal a decision and which laws govern this area.

The Law Relating to Sectioning

The primary piece of legislation that relates to sectioning in the UK is the Mental Health Act 1983. This Act sets out the rules for when and how you could be sectioned and who is authorised to section someone. The Act sets out the legal definition of a mental disorder as being ‘any disorder or disability of mind', and this allows specific medical professionals the ability to assess a patient and act in accordance with the guidelines of the legislation.

The Mental Health Act authorises, under strict guidelines and processes, the ways and times in which a person can be detained in hospital for mental health treatment against their wishes. This will only ever be done if you are a risk to yourself or others. The Mental Health Act also sets out the rights of patients and the ways in which they can expect to be treated, communicated with and how they can appeal a decision to section them if they believe that there is just cause.

The Mental Health Act extends to offer guidance on the aftercare that a patient can expect once they are released from hospital treatment. For this reason, the Act is recognised as being an encompassing piece of legislation that serves to protect the patient, wider community and healthcare workers.

How and when can I be sectioned?

If somebody has raised concerns relating to your mental health or if authorities believe that it is necessary to detain you for your own safety or to protect others, an assessment may be carried out to determine whether it is appropriate for you to be sectioned.

You will only be legally sectioned in the following circumstances:

• You need to have an assessment and treatment because of an urgent mental health problem
• There is a risk that your mental health will worsen or you are a risk to yourself if urgent treatment is not received
• You pose a risk to others
• Your doctor has decided that hospital treatment is necessary or that you need to be closely monitored because you have taken a strong medication.

The law specifies that a specialist mental health professional must carry out a thorough assessment of a patient before they are authorised to section a person.

Types of Sections

The Mental Health Act offers a number of different sectioning options that relate to the specifics of each individual's case and circumstances. This means that there are different rules for different types of scenarios. Some examples of the inclusions are below.

Section 2

Section 2 of the Mental Health Act states that you can be detained for up to 28 days in hospital for treatment, assessment or for your safety or the safety of others if it is believed that you have a mental health problem. It is not usual for a Section 2 to be extended or renewed and in the majority of cases, assessments within the 28 day period will result in the patient being released or sectioned as per Section 3.

Section 3

As per the terms of Section 2, Section 3 allows a patient to be detained for up to 6 months if doctors believe that appropriate treatment is available for you. A Section 3 can be extended or renewed for various lengths of time dependent on how many times you have previously been sectioned. Your doctor can release you from a Section 3 at any time if they believe that you are well enough.

Section 5(2)

A Section 5(2) is used for voluntary patients and lasts for 72 hours. In this time, a responsible doctor must assess the patient and make an application to hospital management for further action based on their findings.

Section 35

This section is used for patients who have been accused of a crime and the court choose to have them remanded in hospital if a doctor has offered evidence that the individual has a mental health disorder or that a more thorough evaluation was required to determine the mental health status of the accused.

Your Rights if you are Sectioned

The law ensures that if you are sectioned, you maintain rights that enable you to feel secure and involved in your treatment. Part of your rights includes access to an independent mental health advocate (IMHA). The IMHA will explain your rights to you, including offering information on how you can request the section to be lifted and the ways in which you might be discharged from hospital.

A close relative will also be granted specific rights if you are sectioned and this helps to assure you that you are supported and not absorbed in your treatment without the knowledge and link to your family.

Having the Section Overturned

There are a number of ways in which you can apply to have the section overturned, and there are set processes that must be followed by medical professionals and authorities when they deal with an appeal request from a patient. Some of the options afforded to you include:

• Requesting discharge from your responsible clinician. The clinician must release you if the legal grounds for sectioning you are no longer present.
• Request a meeting with the hospital managers and make the request to be discharged. The managers will assess whether there is sufficient reason to keep you sectioned and if not, they will release you from inpatient treatment.
• Your closest relative can apply to the hospital to discharge you by providing at least 72 hours' notice in writing. If the responsible clinician does not object to the request, you will be released.
• An application can be made to the Mental Health Tribunal to request that you be discharged from the section. The tribunal does not assess your case based on why you were initially sectioned. Instead they review your circumstances at the present time.