Section 3 - Admission for Treatment

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Summary

  • Section 3 of the Mental Health Act is a legal provision used for the compulsory admission and treatment of individuals with severe mental health conditions in a psychiatric hospital.
  • It is invoked when voluntary treatment is not viable, ensuring the individual’s safety and that of others. Initially lasting up to six months, it can be renewed, if necessary, with regular reviews to assess progress.
  • Under Section 3, medication may be administered against the individual’s will if deemed essential.
  • Patients can be granted leave under certain conditions and have the right to appeal their detention through a Mental Health Tribunal or hospital managers’ hearing.
  • Throughout this process, individuals retain rights to information, independent advocacy, correspondence, visitors, and confidentiality.

What is Section 3?

Section 3 is a part of mental health legislation that provides the framework for the compulsory admission and treatment of individuals with severe mental health issues in a psychiatric hospital.

It is a measure used when voluntary treatment is not possible due to the severity of the person’s condition, and there is a need for structured care and intervention to ensure their safety and well-being.

Why Might You Be Placed Under Section 3?

Being placed under Section 3 means that mental health professionals, including psychiatrists and approved mental health practitioners (AMHPs), have assessed your condition and concluded that:

  • You are suffering from a mental disorder of a nature or degree that makes it necessary for you to receive treatment in a hospital.
  • It is necessary for your health and safety, or for the protection of others, that you receive treatment in a hospital.
  • Appropriate treatment is available for you.

The decision to place you under Section 3 is not taken lightly and involves a thorough assessment to ensure that this is the most appropriate course of action for your situation.

Duration and Process

Section 3 initially lasts for up to six months. During this period, you will undergo assessment and receive treatment tailored to your mental health needs. Here’s what you can expect:

  1. Assessment and Treatment: You will have regular meetings with your treatment team, including psychiatrists, psychologists, nurses, and social workers. They will develop a care plan aimed at addressing your specific mental health issues.
  2. Reviews: Your progress will be regularly reviewed. These reviews involve evaluating the effectiveness of your treatment and determining whether continued hospitalisation is necessary.
  3. Renewal: If, after six months, you still require hospital treatment, Section 3 can be renewed for another six months. Subsequent renewals can last up to one year at a time. Your treatment team must thoroughly justify each renewal.

Medication and Consent

Under Section 3, if you refuse medication deemed essential for your treatment, mental health professionals can administer it against your will. This decision is made with careful consideration of your best interests and following legal guidelines. The objective is to stabilise your condition and improve your mental health. However, the treatment team will always strive to involve you in discussions about your medication and address any concerns you might have.

Leave and Appeals

You can be granted leave from the hospital under Section 17 of the Mental Health Act. Leave can be:

  1. Escorted Leave: You leave the hospital accompanied by a staff member or trusted person.
  2. Unescorted Leave: You leave the hospital on your own, subject to conditions set by your treatment team.

The type and duration of leave depend on your progress, the stability of your condition, and the treatment team’s assessment of any risks involved. Leave is an essential part of the recovery process, helping you gradually reintegrate into the community.

How can I appeal?

If you disagree with your detention under Section 3 or aspects of your treatment, you have the right to appeal:

  1. Mental Health Tribunal: You can apply to a Mental Health Tribunal, an independent body that reviews cases and can order your discharge if they find that your detention is not justified.
  2. Hospital Managers’ Hearing: You can request a hearing with the hospital managers, who have the authority to discharge you if they believe your detention is no longer necessary.

It is advisable to seek support from an independent mental health advocate (IMHA) or legal representative who can help you navigate the appeals process and ensure your rights are upheld.

Your Rights

While under Section 3, you have several important rights, including:

  1. Right to Information: You have the right to be informed about your rights and the reasons for your detention in a language and manner you understand.
  2. Right to Independent Advocacy: You have the right to access an IMHA who can support you in understanding your rights and ensuring your voice is heard.
  3. Right to Correspondence: You can send and receive letters, although some restrictions may apply to ensure your safety and that of others.
  4. Right to Visitors: You are allowed visitors, subject to hospital policies and any restrictions based on your treatment plan.
  5. Right to Confidentiality: Your personal information and treatment details are confidential and shared only with those involved in your care, unless you consent otherwise.
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Frequently Asked Questions for Section 3 of Mental Health Act 1983

What happens if I try to leave the hospital without permission?
If you try to leave the hospital without permission while under Section 3, you can be brought back to the hospital by the police or hospital staff. This is to ensure your safety and that of others while you receive the necessary treatment.
Will my family be informed about my Section 3 admission?
Yes, your nearest relative will be informed about your admission under Section 3 unless you request otherwise. They have certain rights under the Mental Health Act, including the right to apply for your discharge.
Can I refuse visitors while I am in the hospital?
Yes, you can choose to refuse visitors if you do not wish to see them. However, some restrictions might be placed on visitors if it is believed that their presence could be harmful to your treatment and well-being.
Can my nearest relative discharge me from Section 3?
Your nearest relative can apply to discharge you from Section 3, but the responsible clinician can issue a barring order to prevent this if they believe you still need treatment in the hospital. If a barring order is issued, your nearest relative can appeal to the Mental Health Tribunal.
What kind of treatments can I expect under Section 3?
Treatment under Section 3 can include medication, psychotherapy, occupational therapy, and other interventions aimed at stabilising your condition and promoting recovery. The treatment plan will be tailored to your specific needs.
Will I have a say in my treatment plan?
Yes, you should be involved in discussions about your treatment plan as much as possible. Your views and preferences should be considered, and you should be informed about the nature of your treatment and its intended benefits.
What support is available after I am discharged from Section 3?
Upon discharge, you will be provided with a care plan that outlines the support you will receive in the community. This can include outpatient appointments, community mental health services, and support from social workers or other professionals to help you transition back to daily life.
Can I continue my education or job while under Section 3?
Your ability to continue education or work will depend on your condition and treatment plan. If possible, your treatment team will work with you to accommodate your educational or work commitments, but your health and safety will be the primary concern.
How does Section 3 differ from other sections of the Mental Health Act?
Section 3 specifically pertains to the compulsory admission and treatment of individuals for up to six months, renewable if necessary. Other sections, such as Section 2, are used for shorter assessments (up to 28 days), while Section 4 is used in emergency situations for up to 72 hours. The criteria and processes differ for each section, tailored to various circumstances and needs.
What should I do if I feel my rights are being violated under Section 3?
If you believe your rights are being violated, you should speak with an independent mental health advocate (IMHA) or a legal representative. They can help you understand your rights, address your concerns, and assist you in taking appropriate action.

Our partner hospital facilities are dedicated to providing compassionate care, ensuring your rights are upheld, and supporting you throughout your recovery journey. Your well-being and rights are our top priorities. We are here to support you on your journey towards recovery, every step of the way.

If you have any questions or concerns, please don’t hesitate to reach out to a member of our team.

Contact the Central Referral Team
We’re here for you 24/7! Our central referral team will reach out promptly to discuss a treatment plan that is right for you.
Contact Us Today