Roughly 10% of people will experience some form of mental health problem at any time. For a small minority of people, mental health problems can have such an impact on wellness that life becomes overwhelming. When this happens to you, you can have difficulty making decisions about your treatment and find yourself in situations that put your wellbeing at risk, as well as those around you.
Roughly six in every 1,000 with mental health problems will need to be admitted to hospital, but not all of these will be admitted using one of the sections of the Mental Health Act. Using a section, or sectioning, is only ever used as a last resort. In order to ensure safety and effective treatment, the Act makes it clear only the minimum amount of restriction can be used and it doesn’t mean the person cannot take decisions about other areas of their life, as this is covered by the Mental Capacity Act 2005.
The most recent amendments to the Mental Health Act were made in 2007, but the act was originally passed in 1959. According to the latest amendments, doctors are still needed for some decisions, but the scope has been widened for other mental health professionals to be in charge of a person’s care or to take decisions about the use of a section. This means that clinical psychologists, occupational therapists, social workers and nurses have a role in sectioning.
There are various sections, and the one used will determine the amount of time you can be held in hospital and what can be done without your consent. Section two, for example, is used for assessing you and can only detain you for 28 days, whilst some sections only allow you to be held for 72 hours, often in an emergency situation, and others can last for up to a year.
There is a right of appeal for most sections, in which you can ask for a hearing by the hospital managers and also the Mental Health Review Tribunal. The 2007 amendments also established Independent mental health advocates. These are professionals who work with you to ensure that your voice is being heard, the minimum of restrictions are being imposed and the maximum amount of choice is being made available you.
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