How can you be detained in hospital against your will?
Can I appeal against my section
How much does it cost?
How can you be detained in hospital against your will?
No one can be detained in hospital against their will unless it’s under the Mental Health Act. This is sometimes called "sectioning". To be sectioned, two doctors and a social worker have to be satisfied that you need to be in hospital in order to receive treatment (section 3) or to be assessed (section 2). Furthermore, they need to be satisfied that you are suffering from a mental illness and should be detained for your own health and safety or for the protection of others.
A section 2 order can only last for 28 days and cannot be renewed. It is where a doctor wishes to assess a patient’s mental health. A section 3 order can last for up to 6 months and can be renewed. It is used when a doctor believes someone should be detained in hospital for treatment.
The criminal courts also have the power to section someone if they are satisfied that they are suffering from a mental disorder and have committed a criminal offence.
Can I appeal against my section?
There are rights of appeal, both to a Mental Health Review Tribunal and to the Hospital Managers. You are automatically entitled to an appeal following most sections under the Mental Health Act.
How much does it cost?
You are automatically entitled to free legal representation (Legal Aid) at your Mental Health Review Tribunal. Legal Aid may also be available for a Hospital Managers’ hearing, depending on your financial circumstances.
