Section 36 – Remand to hospital for treatment

What is Section 36?

Section 36 of the Mental Health Act 1983 (as amended by the Mental Health Act 2007) is a legal provision that allows the court to remand an accused individual to a hospital for assessment and treatment, rather than holding them in custody. This section is used when there are concerns about the accused’s mental health and it is believed that they require immediate psychiatric care. The decision to place someone under Section 36 is made by a judge, often following recommendations from medical professionals.

Why might you be placed on Section 36?

You have been placed under Section 36 because the court has reason to believe that you have a mental disorder that requires urgent treatment in a hospital setting. This decision is typically based on assessments by mental health professionals who have examined you and concluded that hospitalisation is necessary for your well-being and to ensure that you receive appropriate care. The court’s primary concern is to address your mental health needs while also considering public safety.

Duration and Process

The initial duration of Section 36 is up to 28 days. During this period, you will undergo thorough assessment and treatment in a hospital. Here’s what you can expect:

1. Initial Assessment: Upon admission, a team of mental health professionals, including psychiatrists, psychologists, and nurses, will conduct a comprehensive evaluation of your mental health.
2. Treatment Plan: Based on the assessment, a personalised treatment plan will be developed. This may include medication, therapy, and other interventions aimed at stabilising your condition.
3. Review and Extension: Before the 28-day period ends, your condition will be reviewed. If further treatment is deemed necessary, the court may extend the remand period under a different section of the Mental Health Act, such as Section 37 (Hospital Order) or Section 3 (Treatment Order).

Medication and Consent

Under Section 36, if it is determined that you lack the capacity to make informed decisions about your treatment, medication may be administered without your consent. This is done to ensure that you receive the necessary care to stabilise your condition. However, there are strict safeguards in place:

• Second Opinion: A second opinion from an independent psychiatrist may be required before certain treatments are administered.
• Best Interests: All treatment decisions must be made in your best interests, taking into account your health, safety, and well-being.
• Right to Challenge: You have the right to challenge any treatment decisions you disagree with. This can be done through an advocate or legal representative.

Leave and Appeals

You can be granted leave from the hospital under certain conditions, but this depends on your progress and the recommendations of your healthcare team. There are different types of leave:

1. Escorted Leave: You may be allowed to leave the hospital under the supervision of a staff member.
2. Unescorted Leave: If your condition improves, you might be granted permission to leave the hospital on your own for short periods.
3. Home Leave: In some cases, you may be allowed to visit your home for a day or weekend to help you reintegrate into your normal life gradually.

The decision to grant leave is made by your responsible clinician and is based on a risk assessment to ensure your safety and the safety of others.

Appeals

If you disagree with your detention under Section 36 or any aspect of your treatment, you have the right to appeal. The appeals process includes:

1. Mental Health Tribunal: You can apply to have your case reviewed by a Mental Health Tribunal, an independent body that has the authority to discharge you if it finds that you do not meet the criteria for detention.
2. Legal Representation: You have the right to legal representation during the tribunal. Legal aid may be available to help cover the costs.
3. Advocacy Services: Independent mental health advocates (IMHAs) can provide support, help you understand your rights, and assist with the appeals process.

What are your rights?

As a patient under Section 36, you have several important rights, including:

1. Right to Information: You have the right to be informed about your treatment, the reasons for your detention, and your rights under the Mental Health Act.
2. Right to Privacy: Your personal and medical information must be kept confidential, except in circumstances where sharing it is necessary for your care or safety.
3. Right to Consent: Whenever possible, your consent should be sought for any treatment. If you lack the capacity to consent, treatment decisions must be made in your best interests.
4. Right to Advocacy: You have the right to access independent mental health advocates who can help you understand and exercise your rights.
5. Right to Complain: If you feel that your rights have been violated or that you have been mistreated, you have the right to file a complaint with the hospital, healthcare providers, or relevant authorities.

Your healthcare team should always involve you in decisions about your care, respect your preferences, and prioritise your well-being and recovery.

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.