Summary

  • Section 4 of the Mental Health Act is an emergency provision used for the immediate detention of individuals for assessment and treatment when there is an urgent need.
  • This section can last up to 72 hours and is designed to quickly address severe mental health crises that pose a risk to the individual or others.
  • During this period, healthcare professionals will assess your condition to determine the next steps, which may include discharge, further detention, or a treatment plan.
  • While under Section 4, you may be medicated against your will if deemed necessary, but you also have the right to appeal your detention and seek legal advice.
  • Understanding your rights and the support available can help you navigate this challenging time and participate actively in your care and recovery.

What is Section 4?

Section 4 of the Mental Health Act is a provision that allows for the emergency detention of an individual for assessment and treatment when urgent mental health concerns arise. It is used when there is an immediate need for assessment and there is no time to arrange a full assessment under Section 2 of the Mental Health Act.

Section 4 is an interim measure, providing a swift response to situations where someone’s mental health is deteriorating rapidly and poses a risk to themselves or others.

Why might you be placed on Section 4?

You may be placed under Section 4 if healthcare professionals, such as doctors or mental health practitioners, believe that:

  • You are experiencing a severe mental health crisis.
  • There is an immediate risk of harm to yourself or others.
  • A delay in your assessment could lead to further deterioration of your mental health.
  • It is not feasible to conduct a full assessment under Section 2 due to time constraints.

This section is designed to provide a quick intervention, allowing for immediate evaluation and, if necessary, treatment to stabilise your condition.

Duration and Process

Section 4 can last for up to 72 hours. During this time:

  • You will undergo a comprehensive assessment by a qualified medical professional.
  • The assessment aims to determine the severity of your condition and the most appropriate next steps.
  • Based on the assessment, one of the following may happen:
    • You may be discharged if it is determined that you do not require further detention or immediate treatment.
    • You may be placed under Section 2 or another appropriate section of the Mental Health Act for further assessment and treatment if ongoing care is deemed necessary.
    • A treatment plan may be put in place to support your recovery.

Medication and Consent

In certain situations, medication may be administered against your will if healthcare professionals believe it is essential for your safety and well-being. This decision is not taken lightly and typically involves:

  • A thorough assessment of your condition.
  • Consideration of the potential benefits and risks of the medication.
  • Efforts to communicate with you about your treatment and address your concerns.
  • Involvement of a second opinion or consultation with other medical professionals.

Leave and Appeals

While under Section 4, the possibility of leave is limited due to the short duration and the urgent nature of the detention. However:

  • If your condition stabilises and healthcare professionals determine that it is safe for you to leave the facility temporarily, you may be granted supervised leave.
  • The decision to grant leave will depend on your progress and the specific circumstances of your case.

How can I appeal?

If you disagree with your detention under Section 4, you have the right to appeal. To appeal:

  • Inform a healthcare professional of your intention to challenge the detention.
  • Seek advice from a legal representative or mental health advocate who can assist you with the appeals process.
  • You can request a review of your case by an independent tribunal or court.

What are my rights?

While under Section 4, you are entitled to several rights, including:

  • The right to be treated with dignity and respect.
  • The right to receive clear and comprehensive information about your condition, treatment, and detention.
  • The right to confidentiality regarding your medical information and treatment.
  • The right to communicate with family, friends, and legal representatives.
  • The right to appeal your detention and seek legal advice.
  • The right to have your preferences and concerns considered in your treatment plan.

Support and Advocacy: If you are under Section 4, it is crucial to know that support and advocacy services are available to help you navigate this challenging time. Mental health advocates can provide guidance, ensure your rights are protected, and assist with any appeals or complaints you may have.

Understanding Section 4 and your rights can empower you to actively participate in your care and work towards your recovery. If you have any questions or need further assistance, do not hesitate to contact healthcare professionals, legal advisors, or mental health advocates.

Contact the Central Referral Team
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Frequently Asked Questions for Section 4 of Mental Health Act 1983

1. Who can place me under Section 4?
Typically, a registered medical practitioner can place you under Section 4 if they believe it is necessary for an emergency assessment. However, this usually involves consultation with a second medical professional or an approved mental health practitioner (AMHP).
2. Can my family or friends be involved in the decision?
While the final decision to place you under Section 4 rests with healthcare professionals, your family or friends may be consulted or informed, especially if they can provide relevant information about your condition.
3. What happens if I am discharged after 72 hours?
If you are discharged after the 72-hour period, you may be provided with a follow-up plan to ensure you continue to receive support. This could include outpatient treatment, community mental health services, or other support networks.
4. Is there any way to prevent being placed under Section 4?
Engaging with mental health services early and cooperating with treatment plans can help manage your condition and potentially prevent the need for emergency detention under Section 4.
5. What should I do if I feel my rights are being violated?
If you believe your rights are being violated, you should inform a healthcare professional or contact a legal representative or mental health advocate immediately. They can help you understand your rights and take appropriate action.
6. Can I refuse treatment under Section 4?
While you can express your preferences and concerns about treatment, certain treatments may be administered without your consent if they are deemed essential for your safety and well-being. It’s important to communicate openly with your healthcare providers about your treatment options.
7. What role do mental health advocates play during Section 4?
Mental health advocates can provide independent support and advice, help you understand your rights, assist with any appeals or complaints, and ensure your voice is heard during your detention and treatment.
8. What if I don’t understand why I am under Section 4?
You have the right to be informed in a way you understand about why you are under Section 4. Ask healthcare professionals to explain the reasons, the process, and what you can expect next. You can also request written information or seek help from an advocate.
9. Are there any costs associated with being detained under Section 4?
Being detained under Section 4 itself does not incur costs to you. However, there may be associated costs for certain legal services or private treatments, which should be clarified with the respective providers.
10. What if my mental health condition worsens after being discharged?
If your condition worsens after discharge, you should seek immediate help from your healthcare provider, community mental health services, or emergency services if necessary. It’s important to have a clear plan for accessing support if your mental health declines.

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