What is the criteria for detention under the Mental Health Act?
What is the criteria for detention under the Mental Health Act?
The two doctors must agree that you are suffering from a mental disorder of a nature or degree which warrants your detention in a hospital for assessment or treatment and that you ought to be detained in the interests of your own health, your own safety or with a view to the protection of other people.
Can you detain someone under the Mental Capacity Act?
You cannot be detained under this Act unless you meet the conditions for sectioning under the Mental Health Act 1983 (see our pages on sectioning for more information on when you can be sectioned). If you are detained under this Act, the health professionals must follow this Act when making decisions for you.
What happens when someone gets sectioned?
Being sectioned means being admitted to hospital whether or not you agree to it. The legal authority for your admission to hospital comes from the Mental Health Act rather than from your consent. This is usually because you are unable or unwilling to consent.
Can paramedics detain under Mental Health Act?
Yes – this may be because they have an illness or condition that means their capacity fluctuates. It may also arise because at the time the decision needs to be made, they are unconscious or barely conscious whether due to an injury or being under anaesthetic.
What is a Section 1 Mental Health Act?
Section 1 of the Mental Health Act defines mental disorder. A patient must be suffering from a mental disorder, as defined by the Act, if they are to be compulsorily detained using the Act. the Mental Health Act 1983 has been amended by the Mental Health Act 2007 (but is still termed the Mental Health Act 1983)
What does it mean to be detained under the Mental Health Act?
Being detained under the Mental Health Act is sometimes called being ‘sectioned’, because the law has different sections. Your rights under the Mental Health Act depend on which section you are detained under.
Can I be detained for drug or alcohol addiction?
So, when they’re using the Mental Health Act, health professionals will decide if someone’s mental health meets this definition. You cannot be detained for drug or alcohol addiction. But you can be detained if alcohol or drugs cause mental health problems. For example, if you have delusions because of using cannabis.
What is the Mental Health Act and what does it cover?
The Mental Health Act (1983) is the main piece of legislation that covers the assessment, treatment and rights of people with a mental health disorder. People detained under the Mental Health Act need urgent treatment for a mental health disorder and are at risk of harm to themselves or others.
Can a person be sectioned under the Mental Health Act?
In most cases when people are treated in hospital or another mental health facility, they have agreed or volunteered to be there. You may be referred to as a voluntary patient. But there are cases when a person can be detained, also known as sectioned, under the Mental Health Act (1983) and treated without their agreement.
