What are the Mental Health Acts of 1983 and 2007 and what happens when someone is sectioned?
The rights of a person who is detained are spelled out in the act, which discusses what should happen to protect the individual and the public
IT'S used to decide how to care for someone with a mental illness, and how to get them the help they need.
But what are the Mental Health Acts of 1983 and 2007?
What is the Mental Health Act 1983?
Originally introduced in 1983, the Mental Health Act gives police the power to detain an individual against their wishes if they fear the person needs mental healthcare or that they may be a risk to themselves or the public.
The action of invoking the Act is often informally known as “sectioning”.
Covering England and Wales, it is overseen by the Care Quality Commission.
Under the Act, a mental disorder is defined as "any disorder or disability of mind".
What is the Mental Health Act 2007?
The key changes made to the 1983 Act in 2007 include its focus on the protection of the public and risk assessment.
The Act outlines the legal powers doctors and Approved Mental Health Professionals (AMHPs) have when it comes to detaining patients against their will.
It also specifies when patients can be treated against their will, what their rights are and what safeguards are in place to protect those rights.
What happens when someone is sectioned?
Three people must agree that an individual needs to be detained before they are sectioned.
This decision is normally reached by interviewing an individual, including about how their lifestyle, daily routine and whether they have been taking medication.
After this has taken place, an application can be made for a hospital bed.
How to avoid being sectioned
If a person feels that they do not need to be sectioned, they need to explain the reasons why to professionals.
Alternatives can be considered if the reasons are valid.
What are the different sections?
The Mental Health Act is divided into ten parts, with sections within these categories to address specific circumstances.
Here are just a few of the sections within the Act.
Section 2
This section relates to the admission of a patient for assessment.
The application for an assessment must be made on the grounds that a person is suffering from a mental disorder that needs hospital treatment, or that they need to be detained in the interests of his or her safety and others.
Section 3
This section relates to the admission of a patient for treatment.
An application for this to occur can be made if a person is suffering from a mental disorder where they need medical treatment in a hospital.
Section 4
This part of the Mental Health Act relates to the need for admitting a person in the case of an emergency.
An emergency application can be made by a mental health professional or a relative.
Section 17
A patient can be granted leave after being detained in a hospital.
The leave of absence can be granted for a specific purpose or indefinitely.
Section 41
A court can determine that if necessary, a person should be prevented from leaving hospital after being sectioned.
The restrictions can be put in place to limit the risk of further offences, or for the protection of the public.
Section 47
This section relates to an individual serving a prison sentence being taken to hospital.
At least two registered medical practitioners need to agree that the individual should be moved to hospital.
Section 117
It is the duty of a commissioning group or Local Health Board to provide support to a person who is detained under the Mental Health Act after they are released from hospital.
The services will be offered until it is determined that a person no longer needs them.
Section 135
Section 135 gives a police constable the power to enter, by force if needed, an address where a person suffering a mental health disorder is.
The constable can remove the person, and take them to a place of safety, or to keep them at the address.
Section 136
The detained person is not arrested, but instead taken to a care centre – almost always to be examined by doctors at a mental health unit.
The patient can be held for 72 hours while doctors undertake checks and arrange for future treatment.
