Section 35 – Remand to Hospital for Report

Summary

Section 35 of the Mental Health Act is a provision that allows a court to remand an individual to a hospital for a thorough mental health assessment, typically lasting up to 28 days and extendable by another 28 days if necessary.
This section is used when there are significant concerns about a person’s mental health, particularly if it impacts their behaviour or decision-making abilities.
During this period, mental health professionals conduct evaluations and may begin treatment, aiming to diagnose any mental health conditions, assess risks, and determine appropriate care.
Decisions about medication and leave are made with careful consideration of the individual’s health and safety, involving the patient in the decision-making process as much as possible.
If there are disagreements with the placement or treatment, individuals have the right to appeal through the Mental Health Tribunal, with support available from advocates and legal representatives.
Section 35 ensures that individuals receive necessary mental health assessments and care while balancing their rights and involvement in their treatment plans. The outcomes can range from continued legal proceedings and ongoing treatment to discharge, depending on the assessment results.

What is Section 35?

Section 35 of the Mental Health Act is a provision that allows a court to remand an individual to a hospital for a period of assessment rather than to prison. This typically occurs when there are concerns about the person’s mental health that require evaluation before further legal proceedings can continue. The primary aim is to ensure that individuals receive appropriate mental health care and assessment, ensuring their condition is understood and that any necessary treatment can be provided.

Why you might be placed on Section 35?

You may be placed on Section 35 if the court believes your mental health needs assessment by medical professionals. This can happen due to erratic, unpredictable, or aggressive behaviour in court, or symptoms such as disorganised thinking, hallucinations, or delusions. Impaired judgment, lack of insight into your actions, or concerns about your decision-making capabilities also prompt this decision. A known history of mental health issues, previous diagnoses, or past hospitalisations can further indicate the need for assessment.

The nature of the offense, particularly those involving irrational or violent behaviour, and doubts about your fitness to plead can lead to being placed under Section 35. Requests from your lawyer, legal representative, or concerns raised by family members can also influence the court’s decision.

The primary goal of Section 35 is to diagnose any mental health conditions, evaluate potential risks, determine treatment needs, and inform legal decisions. This ensures your mental health is properly addressed within the legal system, allowing for appropriate care and informed legal outcomes.

Duration and Process

Section 35 can last for up to 28 days, during which a detailed report on your mental health will be prepared. This period can be extended for another 28 days if the court deems further assessment necessary. During this time in the hospital, mental health professionals will conduct thorough evaluations, which may include interviews, psychological tests, and observations. Treatment may begin if required, which could involve therapy, counselling, or medication.

The primary goal is to understand your mental health condition comprehensively. After the assessment period, the court will review the report. Based on the findings, several outcomes are possible:

Return to Court for Further Hearings: If the assessment indicates that further legal proceedings are necessary, you will return to court.
Continued Treatment: You may be placed under a different section of the Mental Health Act for ongoing treatment if needed.
Discharge: If no further action is required, you may be discharged from the hospital.

Medication and Consent

Under Section 35, treatment, including medication, can be administered if necessary for your health or safety, or for the protection of others. However, the use of medication without your consent is governed by strict legal safeguards to ensure it is only used appropriately. Medical professionals will aim to involve you in decisions about your treatment, considering your preferences and concerns wherever possible. This collaborative approach ensures that your views are respected and that you are fully informed about your treatment options.

Leave and Appeals

While on Section 35, the possibility of leave from the hospital will depend on the assessment of your mental health and the risk you might pose to yourself or others. Decisions about leave are made by your responsible clinician, considering factors such as your progress, the stability of your condition, and the support available outside the hospital. If granted, leave will initially be for short, supervised periods to ensure your safety and wellbeing.

If you disagree with being placed on Section 35 or with aspects of your treatment, you have the right to appeal. You can apply to the Mental Health Tribunal, an independent body that reviews cases involving the Mental Health Act. You may also seek assistance from an Independent Mental Health Advocate (IMHA) or legal representation to help you navigate the appeals process and ensure your rights are protected.

What are your rights?

Under Section 35, you have several important rights, including:

The right to information: You should be informed about why you are being held under Section 35 and what this means for you.
The right to appropriate care and treatment: You are entitled to receive the necessary care and treatment to address your mental health needs.
The right to appeal: You can challenge the decision to place you on Section 35 through the Mental Health Tribunal or other legal avenues.
The right to advocacy: You have the right to access support from an Independent Mental Health Advocate (IMHA) who can help you understand your rights and assist you in expressing your views and preferences.
The right to privacy and dignity: Your treatment should respect your personal dignity and privacy as much as possible.
The right to participate in your care: You should be involved in discussions about your treatment and care, with your views and preferences taken into account.

Understanding your rights and the processes involved in Section 35 is crucial to ensuring you receive the appropriate care and support while under assessment.

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Frequently Asked Questions for Section 35 of Mental Health Act 1983

1. Can I contact my family and friends while on Section 35?

Yes, you can contact your family and friends while you are on Section 35. The hospital will typically have policies in place to facilitate communication with your loved ones, although this might be subject to certain conditions to ensure your safety and the safety of others.

2. Will I have access to legal representation?

Yes, you have the right to access legal representation while on Section 35. If you do not have a lawyer, you can request assistance from the hospital staff, who can help you find legal aid or connect you with advocacy services.

3. What happens if I refuse to participate in the assessment?

Refusing to participate in the assessment may affect the court’s ability to understand your mental health needs fully. However, the medical professionals will still conduct observations and gather as much information as possible to complete their report. They will also discuss the reasons for your refusal and try to address any concerns you have.

4. Can I refuse visitors while on Section 35?

Yes, you have the right to refuse visitors if you do not wish to see anyone. Your preferences will be respected, although hospital staff may sometimes encourage visits from supportive family members or friends to aid in your recovery.

5. How does Section 35 differ from other sections of the Mental Health Act?

Section 35 specifically deals with remand to hospital for assessment by a court order. It is primarily used to evaluate an individual’s mental health to inform legal proceedings. Other sections, such as Section 2 or Section 3, focus on compulsory admission for assessment and treatment without necessarily involving the court.

6. What kind of assessments will be conducted?

The assessments will include interviews with psychiatrists and psychologists, psychological testing, and continuous observation of your behavior and interactions. These assessments aim to provide a comprehensive understanding of your mental health condition.

7. Will my personal history and background be considered?

Yes, your personal history, background, and any previous medical records will be reviewed as part of the assessment process. This information helps provide a complete picture of your mental health and any underlying issues.

8. What happens if my condition improves before the 28 days are up?

If your condition significantly improves before the end of the 28-day period, the responsible clinician may decide to discharge you earlier. However, this will depend on the assessment of your overall health, safety, and ability to function outside the hospital.

9. Can I receive visitors from advocacy organisations?

Yes, you can receive visits from advocacy organisations, including Independent Mental Health Advocates (IMHAs). These advocates can provide support, help you understand your rights, and assist you in communicating with healthcare professionals and legal representatives.

10. What should I do if I feel my rights are being violated?

If you believe your rights are being violated, you should inform your legal representative, an Independent Mental Health Advocate (IMHA), or the hospital’s patient advocacy service. They can help address your concerns and ensure your rights are protected.

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.