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One of the doctors must be specially certified as having particular experience in the assessment or treatment of mental illness. Find out more about getting a mental health assessment. The length of time you could be detained for depends on the type of mental health condition you have and your personal circumstances at the time. During these periods, assessments will be regularly carried out by the doctor in charge of your care to determine whether it's safe for you to be discharged and what further treatment is required, if any. You should always be given information about your rights under the Mental Health Act.

If someone says, "You're being sectioned under the Mental Health Act", they mean you're detained according to a particular section of the Mental Health Act. In most cases, you'll be told which section of the Mental Health Act applied in your case. Any person who's compulsorily detained has the right to appeal against the decision to a mental health tribunal MHT or to the hospital's managers. Visit GOV.

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UK if you want to apply to the mental health tribunal. An independent mental health advocate can help you understand your rights and could also help if you're not happy with your situation. This is because it's felt you do not have sufficient capacity to make an informed decision about your treatment at the time. This is also the case if you refuse treatment but the team treating you believe you should have it.

Advice for carers and families

The CQC provides detailed guidance about your rights in terms of consenting to medication and electroconvulsive therapy if you're detained in hospital or placed on a Community Treatment Order CTO. This means that while detained under the Mental Health Act, you may be able to leave the hospital if authorised by the doctor or clinician in charge of your care also known as the responsible clinician. This leave is often referred to as "section 17 leave", as it's Section 17 of the Mental Health Act that allows this leave. The responsible clinician in charge of your care can place conditions on the leave, such as where you should stay while away from the hospital and whether this will be for a fixed period of time.

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You should be given a copy of the Section 17 leave form that sets out these conditions so you're clear what they are. If you do not return to the hospital at the end of the leave period, you can be made to go back to the hospital. If you have been treated in hospital under the Mental Health Act and are being discharged or allowed out of the hospital on short-term leave, you may be put under a Community Treatment Order CTO. Under Section 17 of the Act, you can get leave but can be recalled to hospital if, for example, you stop taking required medication or your condition gets worse.

Make sure you know how long any leave is agreed for usually 1 night or a weekend before leaving the hospital. You may be recalled to hospital during the leave if there are significant concerns about how you manage in the community. If you're on leave or are being discharged, you may be made subject to a CTO if your doctor is concerned that you may not continue your treatment when you leave hospital.

As normally occurs when someone is discharged from hospital, you'll be assigned a care co-ordinator, who'll help you with your mental health needs. If you break the conditions of the CTO or your situation gets worse, you could be readmitted to hospital. You could be detained for up to 72 hours while a decision is made about the next steps in your care.

Depending on your circumstances, your CTO could be revoked, which means you'll have to stay in hospital, or you could be allowed to leave hospital and continue your CTO. While you're on a CTO, you can appeal against it. You may be eligible for legal aid to pay for a solicitor to help you do this. You also have the right to see an independent mental health advocate and appeal to a mental health tribunal when you're on a CTO. Ask your care co-ordinator, the nurses on your ward or hospital manager how you can get to see one.

An independent mental health advocate can help you understand your rights and could also help if you're not happy with any of your CTO conditions. The CQC provides detailed guidance about your rights in relation to consent to medication and electroconvulsive therapy if you're subject to a CTO.

SOADs are consulted in certain circumstances when a patient refuses treatment, or is too ill or otherwise incapable of giving consent. They'll check whether the recommended treatment is clinically appropriate and that your views and rights have been taken into account. An approved mental health professional AMHP is a mental health worker who has received special training to provide help and give assistance to people who are being treated under the Mental Health Act.


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Their functions can include helping to assess whether a person needs to be compulsorily detained sectioned as part of their treatment. An approved mental health worker is also responsible for ensuring that the human and civil rights of a person being detained are upheld and respected.

Mental Health Act

Page last reviewed: 17 April Next review due: 17 April Mental Health Act. Advice for carers and families If your loved one has been detained, he or she will have to stay in hospital until the doctors or a mental health tribunal decide otherwise. With permission from your relative, doctors may discuss the treatment plan with you. You can also raise concerns or worries with the doctors and nurses on the ward. Hospital accommodation should be age- and gender-appropriate. For more information: browse Rethink's guide What sort of ward will my relative be on?

Who decides that someone should be detained? In emergencies An emergency is when someone seems to be at serious risk of harming themselves or others. Police have powers to enter your home, if need be by force, under a Section warrant. You can be kept there until the assessment is completed, for up to 24 hours. Find out more about the Section warrant If the police find you in a public place and you appear to have a mental disorder and are in need of immediate care or control, they can take you to a place of safety usually a hospital or sometimes the police station and detain you there under Section Learn about the Section 3 requirements for contractors and subrecipients.

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