Detention in hospital
While many people agree to admission to hospital voluntarily, some people are admitted to hospital against their will.
The Mental Health Act 1983 allows this to happen, as long as it is formally approved by two doctors and either another approved mental health professional or the patient's nearest relative.
People can be detained in hospital for up to 28 days for the purposes of assessment under Section Two of the Mental Health Act, and up to six months for the treatment under section Three.
After the first six months, a Section Three detention can be renewed for a further six months, and subsequently it can be renewed each year.
Discharge from Hospital
There are four ways to be discharged from hospital:
- The responsible clinician, usually the psychiatrist, should discharge someone as soon as they no longer meet the criteria for detention.
- The patient's nearest relative can order their discharge. This can be blocked by the responsible clinician, but only if they consider the patient would act dangerously if they were not detained in hospital.
- The Mental Health Review Tribunal will review a patient's detention and discharge the patient if they do not meet the criteria. Patients can appeal to the Mental Health Review Tribunal in the first 14 days of a detention under Section Two, and once during each period of detention under Section Three.
- The hospital managers also have the power to discharge a patient, usually through a hearing similar to that of a Mental Health Review Tribunal.
Further information about detention in hospital is available from Mind
If you live locally, you can ask an advocate to help you.
For further information please call us on 020 8900 2221 or use the contact form on this site.