Understanding Sectioning Under the Mental Health Act in the UK: A Comprehensive Guide

When dealing with mental health issues, certain measures may become necessary if a person refuses medication and therapy is not helping. In the UK, one of these measures is sectioning, which is a legal process used to admit individuals to psychiatric hospitals for assessment and treatment. Sectioning is a last resort, typically reserved for more extreme situations.

When Can a Person Be Sectioned?

The answer to this question is a very definite yes, especially if the CAMHS (.Child and Adolescent Mental Health Services) team deems an inpatient stay to be in the best interest of a child or believes the individual is an immediate danger to themselves or others. Section 3 of the Mental Health Act is often the most relevant in such circumstances.

Conditions for Sectioning

To be sectioned, the individual must be deemed a danger to themselves or others. There are three primary types of sections under the Mental Health Act (MHA) 1983:

Section 136: Place of Safety for 24 Hours

Under Section 136, individuals who are found in public places and are a risk to themselves or others can be taken to a place of safety by the police. The intent is to ensure that the individual is not a danger to the public until a longer-term solution can be established.

Section 2: Initial Detention for Assessment

Section 2 allows for the initial detention of an individual for a 28-day period. During this time, two doctors and an Approved Mental Health Professional (AMHP) must assess the individual for any mental disorder and decide if further treatment is necessary. If a decision is needed regarding ongoing detention, Section 3 would be considered.

Section 3: Longer-Term Detention for Treatment

Section 3 provides for longer-term detention, ranging from 6 months, which can be renewed, up to 12 months. This section requires a similar assessment process as Section 2 to ensure that the individual is receiving appropriate treatment.

Sectioning and Community Treatment Orders (CTOs)

For those who have already been sectioned under Section 3, there is another possibility: a Community Treatment Order (CTO), also referred to as a section 17A in Scotland. A CTO allows for the continuation of treatment in the community, subject to certain conditions. This ensures that individuals can receive ongoing support while still allowing them to live independently.

The Impact of Being Sectioned

Being sectioned can be a significant loss of personal power and autonomy. Once sectioned, an individual may not make their own decisions about treatment, and non-compliance with the Order can result in further hospitalization. It is a serious and impactful measure that should only be taken when other less restrictive alternatives have been exhausted.

Other Considerations and Legal Frameworks

The assessment of mental capacity is crucial in determining whether an individual can make informed decisions. Under the Mental Capacity Act 2005, a person's ability to make unwise but informed choices is recognized. If mental capacity is a concern, assessments and meetings involving family and court decisions may be necessary.

Mental Health Act

For those interested in learning more about the Mental Health Act, the Act itself is available online. This is an essential resource for understanding the legal and practical aspects of sectioning and other mental health measures.

Understanding the process of sectioning is crucial for individuals, families, and professionals involved in mental health care. It emphasizes the importance of informed consent, respect for personal choices, and the least restrictive intervention that can effectively address mental health concerns.