Detained in Hospital

Sexual Abuse - Family Law

Why have I been detained?

The law allows you to be detained in hospital for assessment and treatment if doctors are satisfied of the following:

  1. That you are suffering from a mental illness which requires treatment
  2. You should be in hospital to protect your own safety or safety of others
  3. Any assessment and necessary treatment is available and needs to be carried out in hospital.

How long will I be detained?

The maximum amount of time you can be detained in hospital under Section 2 of the Mental Health Act is 28 days.

If the medical team still wish you keep you in hospital after this time, they can detain you under Section 3 of the Mental Health Act. This initial section lasts for up to 6 months. If the doctors and health professionals think you need to be treated in hospital for longer than this, it can be renewed for a further 6 months and then for periods of one year thereafter.

How can I be discharged?

Your doctor can discharge you at any time

Your nearest relative can order your discharge. If they decide to do this, your doctor has 72 hours to decide whether they agree. You can be discharged or if your doctor disagrees you will remain detained.

A Mental Health Tribunal can discharge you. You have a right to appeal your detention once during your section period by asking for a tribunal. A hearing takes place where the tribunal panel reads reports provided by your doctor and nurses. In addition to discharging you, the tribunal can also make formal recommendations about matters such as leave in the community or transfer to another hospital.

If you are detained under Section 3, hospital managers can also discharge you at a Manager’s Meeting. The Managers read reports provided by professionals involved in your care and speak to you about your wishes before deciding whether you should be discharged.

For further advice and support contact our dedicated Mental Health Team in Boston or Lincoln. Alternatively call 01522 561020 for further advice.

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