Section 37 – Hospital Order for Treatment

Summary

Section 37 of the Mental Health Act allows for the hospital detention of individuals convicted of a crime who have a mental disorder requiring treatment.
This legal measure ensures that those in need receive appropriate psychiatric care in a secure environment instead of prison.
The initial duration is up to six months, with potential renewals based on treatment progress. Under Section 37, individuals can be medicated without consent, if necessary, though efforts are made to involve them in treatment decisions.
Leave from the hospital can be granted under certain conditions to aid in rehabilitation.
Individuals have the right to appeal their detention, access legal representation, and utilise advocacy services.
Individual’s rights to treatment, information, confidentiality, and dignity are protected throughout the process. Section 37 aims to balance the need for public safety with the provision of necessary mental health care.

What is Section 37?

Section 37 of the Mental Health Act 1983 allows a court to detain an individual in a hospital for treatment instead of giving a prison sentence. This section is used when a person has been convicted of a criminal offense and is found to have a mental disorder that requires treatment. The court decides that hospital treatment is more appropriate than prison. The purpose of Section 37 is to provide care and treatment in a secure environment, ensuring the individual’s health and safety, as well as that of the public.

Why am I on Section 37?

You may be placed on Section 37 if a court has determined that you have committed an offense but also have a mental disorder that needs treatment. A court will consider reports from two medical professionals who have assessed you and believe that hospital treatment is necessary. The court must be satisfied that treatment is available and that it is appropriate for you to receive this treatment in a hospital rather than in a prison setting.

Duration and Process

The initial duration of a Section 37 order is up to six months.

It can be renewed for a further six months and then annually thereafter if ongoing treatment is required. The length of time you remain under Section 37 depends on your progress and the effectiveness of your treatment. Regular reviews will be conducted by your healthcare team to assess your condition and treatment needs. If you improve significantly, you may be discharged from the hospital. Alternatively, your treatment may continue in another setting, such as a community-based programme.

Medication and Consent

Under Section 37, you can be given medication without your consent if it is deemed necessary for your treatment.

The Mental Health Act provides legal authority for healthcare professionals to administer treatment against your will if it is in your best interest or necessary to protect others. This includes medication, therapy, and other forms of treatment. However, your healthcare team will always try to obtain your consent and involve you in decisions about your treatment. If you refuse medication or other treatments, they will explain why it is necessary and work to address your concerns.

Leave and Appeals

You may be granted leave from the hospital under Section 37.

Leave can be authorised by the responsible clinician overseeing your care. Leave might be granted for various reasons, including visiting family, attending medical appointments, or participating in therapeutic activities outside the hospital. The conditions and duration of leave will be carefully planned and monitored to ensure your safety and that of the public. Leave is typically part of a gradual process to help you reintegrate into the community and is subject to regular review.

Appeals

If you disagree with being placed on Section 37 or any aspect of your treatment, you have the right to appeal. You can appeal to the Mental Health Tribunal, an independent body that reviews decisions made under the Mental Health Act. The Tribunal can decide to discharge you from the Section or alter the terms of your detention. You also have the right to legal representation during the appeal process. In addition to the Tribunal, you can request a Hospital Managers’ hearing to review your detention. Legal advice and support from advocacy services can assist you in navigating the appeals process.

What are my rights?

As a person detained under Section 37, you have several rights protected by the Mental Health Act:

Right to Information: You have the right to be informed about your detention, your treatment, and your rights. You should receive information in a way that you can understand.
Right to Treatment: You are entitled to receive appropriate medical treatment for your mental health condition. This includes regular reviews of your treatment plan.
Right to Refuse Treatment: While certain treatments can be administered without your consent, you have the right to refuse treatment in other circumstances. Your healthcare team must consider your preferences and explain the reasons for any compulsory treatment.
Right to Appeal: You can appeal against your detention to the Mental Health Tribunal and request a Hospital Managers’ hearing.
Right to Legal Representation: You have the right to legal representation during appeals and reviews. Legal aid may be available to cover the cost of legal advice.
Right to Advocacy: You can access independent advocacy services to help you understand and exercise your rights.
Right to Confidentiality: Your personal information and treatment details must be kept confidential, with information shared only with those involved in your care and with your consent.
Right to Respect and Dignity: You should be treated with respect and dignity at all times. Your healthcare team should consider your cultural, religious, and personal needs.

Understanding your rights and the provisions of Section 37 can empower you to participate actively in your treatment and recovery process.

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Frequently Asked Questions for Section 37 of Mental Health Act 1983

1. What types of mental disorders are covered under Section 37?

Section 37 can apply to a range of mental disorders, including but not limited to schizophrenia, bipolar disorder, severe depression, and other psychiatric conditions that require inpatient treatment. The court relies on the assessment of medical professionals to determine the presence and severity of a mental disorder.

2. Who decides whether I am placed under Section 37?

A judge or magistrate makes the decision to place you under Section 37, based on reports from two medical practitioners, one of whom must be approved under the Mental Health Act. These reports must agree that you have a mental disorder that warrants hospital treatment.

3. Can I refuse visitors while under Section 37?

Yes, you have the right to refuse visitors if you do not wish to see them. The hospital will respect your wishes regarding visitors unless there are exceptional circumstances where visiting is deemed necessary for your wellbeing.

4. What happens if I try to leave the hospital without permission?

If you leave the hospital without permission (abscond), you can be returned to the hospital by staff, the police, or an approved mental health professional. Leaving without authorisation can also affect decisions about future leave or your discharge plan.

5. Will I have a care plan, and who is involved in making it?

Yes, you will have a care plan tailored to your needs. This plan is developed by your healthcare team, which includes psychiatrists, nurses, social workers, and other relevant professionals. You and your family (with your consent) will be involved in creating and reviewing the care plan.

6. Can my Section 37 order be converted to another type of order?

Yes, if your situation changes, the court or your healthcare team might consider converting your Section 37 order to another type of order under the Mental Health Act, such as a Community Treatment Order (CTO), if they believe it would better support your treatment and rehabilitation.

7. How does Section 37 affect my criminal record?

Being placed under Section 37 does not erase your criminal conviction, but it does provide an alternative to prison. The conviction remains on your record, but the emphasis is on treatment rather than punishment.

8. Can my family be involved in my treatment?

With your consent, your family can be involved in your treatment and care planning. They can provide valuable support and information to your healthcare team and participate in discussions about your progress and future care needs.

9. What support is available to me after I am discharged?

After discharge, you will receive support from community mental health services to help you transition back into the community. This may include regular visits from a community psychiatric nurse, therapy sessions, medication management, and assistance with housing or employment.

10. How often will my detention under Section 37 be reviewed?

Your detention will be reviewed regularly by your healthcare team to assess your progress and ongoing need for hospital treatment. Additionally, the Mental Health Tribunal can review your detention if you appeal, and hospital managers may also conduct periodic reviews.

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