Mental Health Act
The Mental Health Act provides a legal framework for the detention of individuals suffering from a mental illness and are not willing to be in a hospital or receive treatment on a voluntary basis. Individuals can be detained for their own safety and health or for the safety of others without their consent.
Sections 2, 3, and 4 provide the conditions under which mental health professionals can detain people without their consent. An application for sectioning can be made by the mental health professional or by a relative.
Treatment must be provided under guidance of Responsible Clinicians and may include medication, therapy, rehabilitation, or day-to-day care on a ward. Clinicians must continuously examine the patient at specified intervals and consult with others regarding continued care and detention.
A detained individual can be discharged in several ways:
- An individual can ask for a meeting with management and request a discharge
- The responsible clinician can discharge based upon health status
- The nearest relative can ask for the individual to be discharged in writing and give the hospital 72-hour notice. Permission can be refused by the hospital with reasons why recorded in writing.
- The individual can apply to the Mental Health Tribunal to be discharged. A solicitor and legal aid will become involved.
- Permission to leave may be granted on a short-term basis and under specific conditions.