- Cannot be renewed
- Commonly the doctors involved are the patient’s GP, and a psychiatrist.
- Type of mental disorder that the patient is thought to be suffering from does not have to be disclosed
- Treatment can be given against the patient’s will – as this is considered part of the assessment process.
- ASW – approved social worker
- The doctor has to state the category of mental illness the patient is thought to be suffering from (e.g. mental illness, psychosis, mental impairment)
- The majority of ‘sectionings’ are treatment orders
- Treatment can be given – but after 3 months, either:
- The patient has to consent to treatment
- A third doctor has to review the patient and give their consent for treatment to be given
- To be discharged from sections 2 & 3, the patient has to be discharged by one of:
- The RMO (registered medical officer)
- Hospital managers
- The nearest relative can ask for discharge; however in practice it is unlikely that patients will be discharged before the sectioning is over.
- Appeal – patient may appeal to mental health review tribunal
- Section 2 appeal – must be made within 14 days
- Section 3 appeal – must been made within 6 months
Important amendments in the 2007 Mental Health Act
- Cannot detain unless specific suitable treatment is available
- Integrates supervised community treatment
- ECT cannot be given against the patient’s will. May still be given if the patient is unable to consent, provided there is no prior advance directive or intention not to have this treatment