Key Learning:

  • The Mental Health Act 1983 governs the assessment, treatment, and rights of individuals with mental disorders. People may be detained according to the following sections.
  • Section 2: Admission for assessment up to 28 days.
  • Section 3: Detention for treatment up to 6 months.
  • Section 4: Emergency assessment up to 72 hours.
  • Section 5(2): Doctor's holding power - Detention of an inpatient for assessment up to 72 hours. 
  • Section 5(4): Nurse's holding power - Detention of an inpatient for up to 6 hours.
  • Section 135: Police search and remove from a property to place of safety for assessment.
  • Section 136: Police power to remove from a public place to place of safety for assessment.

  

The Mental Health Act 1983

The Mental Health Act 1983 (amended in 2007) is the key legislation in the UK that governs the assessment, treatment, and rights of individuals with mental health disorders. It provides the legal framework for detaining and treating people who pose a risk to themselves or others due to mental health issues. The Act aims to balance the need for care and control with respect for patients' rights and liberties.

 

Key Sections of the Mental Health Act:

    

Section 2: Admission for Assessment

  • Purpose: Allows for the detention of a person for assessment (or assessment followed by treatment) for up to 28 days.
  • Criteria:
    • The person is suffering from a mental disorder.
    • Detention is necessary for the person's health or safety, or for the protection of others.
  • Application: Made by an Approved Mental Health Professional (AMHP) or the nearest relative, supported by two medical recommendations (one must be a psychiatrist, the other another doctor (GP/another psychiatrist).

    

Section 3: Admission for Treatment

  • Purpose: Allows for the detention of a person for treatment for up to six months, which can be renewed.
  • Criteria:
    • The person is suffering from a mental disorder of a nature or degree which makes it appropriate for them to receive medical treatment in a hospital.
    • It is necessary for the health or safety of the person or for the protection of others.
    • Appropriate medical treatment is available.
  • Application: Made by an AMHP or the nearest relative, supported by two medical recommendations as above. 

  

Section 4: Emergency Admission for Assessment

  • Purpose: Allows for the emergency detention of a person for up to 72 hours to enable a Mental Health Act (e.g. section 2) assessment to take place.
  • Criteria:
    • The person is suffering from a mental disorder.
    • It is of urgent necessity for the person to be admitted and detained under section 2.
    • Obtaining a second medical recommendation would involve an undesirable delay.
  • Application: Made by an AMHP or the nearest relative, supported by one medical recommendation.

   

Section 5(2): Doctor’s Holding Power

  • Purpose: Allows an inpatient who is already voluntarily receiving treatment in a hospital to be detained for up to 72 hours, enabling an assessment for possible longer-term detention.
  • Criteria:
    • The person is suffering from a mental disorder.
    • It is necessary for the health or safety of the person or for the protection of others.
  • Application: Initiated by a doctor or approved clinician in charge of the patient’s care.

   

Section 5(4): Nurse’s Holding Power

  • Purpose: Allows a registered mental health nurse to detain an inpatient for up to 6 hours.
  • Criteria:
    • The person is suffering from a mental disorder.
    • It is necessary for the health or safety of the person or for the protection of others.
    • The doctor or approved clinician in charge of the patient’s care is not immediately available to exercise their holding power under section 5(2).
  • Application: Initiated by a registered mental health nurse.

    

Section 135: Warrant to Search and Remove

  • Purpose: Allows for the police to enter a property to remove a person to a place of safety for assessment.
  • Criteria:
    • There is reasonable cause to suspect that a person is suffering from a mental disorder and is being ill-treated or neglected, or is unable to care for themselves.
  • Application: A warrant is issued by a magistrate, based on an application by an AMHP.

    

Section 136: Police Power to Remove to a Place of Safety

  • Purpose: Allows the police to remove a person from a public place to a place of safety for assessment.
  • Criteria:
    • The person appears to be suffering from a mental disorder and is in immediate need of care or control.
  • Application: The police can exercise this power directly without a warrant.