Legal Eagle: Explanation of a Hospital Order with Restrictions and what it means

What does being detained under section 37/41 of the Mental Health Act 1983 mean? – When someone is “sectioned”, this means that they are detained under the Mental Health Act 1983 (MHA).

If you are detained under section 37/41, you have been convicted of an imprisonable offence and you have been handed down a hospital order by the court. This order requires you to be detained in hospital for treatment, rather than serve a custodial sentence in prison.

Section 41 adds further restrictions to your detention, meaning that you cannot be transferred to a different hospital or granted section 17 leave without approval from the Ministry of Justice.

A section 37/41 order is “indefinite”, which means that there is no time limit and therefore no need for your Responsible Clinician (RC) to renew the section.

How can I be discharged from the section 37/41? – Your RC can write to the Ministry of Justice to request that they use their discretionary power to either absolutely or conditionally discharge you from the section.

The Mental Health Tribunal has the power to absolutely or conditionally discharge you from your section. The Mental Health Tribunal is a type of court made up of a Judge, a Medical Member, and a Specialist Lay Member.

The Tribunal can discharge the section and does not need the consent of the Secretary of State for Justice to do so.

You have the right to appeal to the Mental Health Tribunal once during the second 6 months of your detention. Following this, you may appeal once every year.

For example, if you were detained under section 37/41 on 10 January 2025, your first right of appeal period would begin on 10 July 2025 and would run up to 9 January 2026. You would then have one right of appeal between 10 January 2026 and 9 January 2027 and then in each subsequent 12-month period.

Your Tribunal hearing should be arranged within 12 weeks of your appeal being submitted. The hearing will take place at the hospital.

Can I be given treatment for my mental health even if I refuse it? – Medication can legally be given to you without your consent for the first 3 months of your admission to hospital.

After 3 months, staff can only treat you without your consent if a ‘Second Opinion Approved Doctor’ (SOAD) approves the treatment, unless it is an emergency.

Ben Hoare Bell LLP has specialist Mental Health Solicitors who can help with issues surrounding Mental Health law. To speak to a solicitor please contact us on 0191 275 2626 or email [email protected].