Quick Answer: Who can apply for a person to be detained under Section 3 of the Mental Health Act?

You can be detained under section 3 if: you have a mental disorder. you need to be detained for your own health or safety or for the protection of other people, and. treatment can’t be given unless you are detained in hospital.

Can you detain someone under the Mental Health Act?

The Mental Health Act is the law which sets out when you can be admitted, detained and treated in hospital against your wishes. … There you will have an assessment and be given treatment if needed. This is only done when you are putting your own safety or someone else’s at risk.

What is Section 3 of Mental Health Act?

Section 3 of the Mental Health Act is commonly known as “treatment order” it allows for the detention of the service user for treatment in the hospital based on certain criteria and conditions being met.

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Can next of kin of an individual can apply for admission under section 3 of the Mental Health Act 2007?

No application for admission or treatment under section 3 may be made by an [AMHP] without first consulting with the nearest relative unless the [AMHP] considers that such consultation is not reasonably practicable or would involve unreasonable delay (section 11(4)).

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 I get someone sectioned?

Sectioning. … Someone can only be sectioned if they meet certain criteria, these are: Their mental health problem is so severe that they need urgent assessment and treatment. They are a danger to themselves or others due to their mental health.

What’s the difference between Section 2 and 3 of the Mental Health Act?

2 Mental Health Act lasts for 28 days, and its main purpose is to assess a patient in hospital (although it does also permit treatment). … 3 MHA lasts for a maximum of 6 months, and is for the purpose of treatment. Statistics show a general increase in the use of compulsory detention between 2016-17 and 2017-18.

Who can apply for Section 3?

You can be detained under section 3 if: you have a mental disorder. you need to be detained for your own health or safety or for the protection of other people, and. treatment can’t be given unless you are detained in hospital.

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How long does a Section 3 last for?

The assessment section (section 2) lasts up to 28 days. The treatment section (section 3) lasts up to 6 months and can be renewed (for a further 6 months, then annually). The emergency sections last up to 72 hours during which time arrangements must be made to assess if a section 2 or section 3 is necessary.

Can a relative apply for admission under section 3?

Yes. You cannot be detained under section 3 or be placed under a guardianship if your nearest relative disagrees. To object, your nearest relative needs to tell the approved mental health professional (AMHP) and give them reasons why they disagree. This can be done verbally or in writing.

Can a next of kin be a friend?

It is very often a husband, wife or civil partner, or someone that you live with. It does not have to be a blood relative; it can be a good friend. You can give the name of more than one next of kin.

Can a friend be a nearest relative?

So for example, if you have a friend who has lived with you for 7 years they will be added to the list. If you also have a mother and a brother, in this situation your mother would be your nearest relative. If you have half blood relatives (like a half brother or sister) then they can be your nearest relative.

What is the difference between next of kin and nearest relative?

Nearest relative is not the same as the next of kin. The next of kin has no rights under the Mental Health Act. … Your nearest relative can apply to discharge you from the Mental Health Act. An application can be made to the County Court to have your nearest relative removed or changed.

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Can the police section someone?

Section 136 is part of the Mental Health Act that gives police emergency powers. Police can use these powers if they think you have a mental disorder, you’re in a public place and need immediate help. … You can also ask the police or hospital to tell someone where you are.

What is a Section 37 Mental Health Act?

A section 37 is an order to send you to hospital instead of prison. A Crown Court or Magistrates’ Court can make this order if it thinks that a hospital order is the most appropriate way of dealing with your situation. arrangements have been made for you to go to hospital within 28 days of the order.

What rights does a sectioned person have?

If you are sectioned and detained in hospital, you have the following rights:

  • Get leaflets with information when you arrive on the ward. …
  • Appeal against your section to the Mental Health Tribunal.
  • See your sectioning papers. …
  • Get help and support from an IMHA. …
  • See a copy of the Mental Health Act Code of Practice.