Legal Eagle: Understanding the Section 3 of the Mental Health Act

When someone is “sectioned”, this means that they are detained under the Mental Health Act 1983 (MHA).

A section 3 allows the clinical team to detain a person in hospital to treat their mental health. Initially, a section 3 can last for up to 6 months, but it is possible to be discharged before those six months have expired.

For as long as the Responsible Clinician (RC) on the ward believes that you need to be detained under section 3, they must renew the section. Therefore, following the first six months, your detention could be renewed for a further six months. After that, the RC could renew the section every 12 months.

How can I be discharged from the Section 3? – The RC on the ward has the power to discharge the section at any time.

You have the right to appeal to the Mental Health Tribunal against your section. The Mental Health Tribunal is a type of specialist court made up of a Judge, a Medical Member, and a Specialist Lay Member. The Tribunal has the power to discharge the section. You may appeal to the Tribunal once during each period of detention. The Tribunal will be arranged within six to eight weeks of your appeal being submitted. The Tribunal hearing will take place at the hospital.

The Hospital Managers also have the power to discharge the section. Unlike appealing to the Mental Health Tribunal, you may appeal to the Hospital Managers at any time. If you do so, a Hospital Managers’ Hearing will then be arranged.

Your ‘Nearest Relative’ has the power to order your discharge from the section. The Nearest Relative is defined by a statutory list and is not the same as ‘next of kin’. The Nearest Relative can order discharge from detention by giving the Hospital Managers’ 72 hours’ notice in writing of their intention to discharge the section. However, if the RC feels that you would be dangerous to yourself or others, they could ‘bar’ this order of discharge.

Can I be given treatment for my mental health even if I refuse it? – Yes, your clinical team can give you treatment, including medication, even if you do not agree to this. However, they should work with you to try to get your agreement before doing this.

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].