Section 47/49 – Transfer from Prison to Hospital with Restrictions

What is Section 47/49?

Section 47 of the Mental Health Act 1983 allows for the transfer of a prisoner to a hospital for treatment of a mental disorder. This section is used when a prisoner’s mental health condition cannot be adequately treated within the prison system. Section 49 is often used in conjunction with Section 47 to impose restrictions on the individual, similar to those placed on someone under a Section 41 restriction order. These restrictions can include limitations on leave and discharge to ensure the protection of the public and the patient’s safety.

Why you might be placed on Section 47/49?

You have been placed on Section 47/49 because it has been determined that you require specialised mental health treatment that cannot be provided in a prison environment. This decision is typically made by a medical professional, such as a prison psychiatrist, who believes that your mental health condition is severe enough to warrant hospital treatment. The addition of Section 49 means there are concerns about the risk you may pose to yourself or others, necessitating additional oversight and restrictions on your leave and discharge.

Duration and Process

The duration of your stay under Section 47/49 initially lasts up to 12 weeks. This period can be extended if the medical team deems it necessary for further assessment and treatment. During this time, you will undergo a comprehensive evaluation by mental health professionals who will develop a treatment plan tailored to your specific needs.

After the initial assessment period, the following steps may occur:

• Continued Hospital Treatment: If ongoing hospital treatment is deemed necessary, you will remain in the hospital under the care of the mental health team.
• Discharge to Prison: If your condition improves and it is safe to do so, you may be discharged back to prison to continue your sentence.
• Community Treatment: In some cases, if your condition stabilises and you meet the criteria, you may be considered for discharge into the community with appropriate support and supervision.

 Medication and Consent

Under Section 47/49, if you lack the capacity to consent to treatment and it is necessary for your health or safety or for the protection of others, medication can be administered without your consent. This decision is not taken lightly and must follow strict legal and ethical guidelines. The treating medical professionals must ensure that any treatment provided without your consent is in your best interest and is the least restrictive option available.

Leave and Appeals

You may be granted leave from the hospital under specific conditions, which are determined by your responsible clinician in consultation with the multidisciplinary team. The types of leave can vary:

• Escorted Leave: You may be allowed to leave the hospital accompanied by staff for short periods.
• Unescorted Leave: Depending on your progress and risk assessment, you might be granted permission to leave the hospital on your own for limited times.
• Section 17 Leave: This specific leave is granted under Section 17 of the Mental Health Act and involves a formal process to authorise leave for therapeutic reasons, family visits, or other purposes that support your rehabilitation.

Appeals

If you disagree with the decision to place you under Section 47/49 or with any aspect of your treatment, you have the right to appeal. Here’s how you can do it:

• Mental Health Tribunal: You can apply to a Mental Health Tribunal, an independent judicial body that reviews cases of individuals detained under the Mental Health Act. The Tribunal has the authority to discharge you from Section 47/49 if it finds that you do not meet the criteria for continued detention.
• Hospital Managers: You can request a review by the hospital managers, who can also discharge you if they believe you no longer need to be detained.
• Legal Representation: It’s advisable to seek legal representation from a solicitor who specialises in mental health law to help you navigate the appeals process and ensure your rights are protected.

What are my rights?

Under Section 47/49, you have several important rights:

• Right to Treatment: You have the right to receive appropriate and effective treatment for your mental health condition.
• Right to Information: You are entitled to be informed about your diagnosis, treatment options, and the reasons for your transfer to the hospital.
• Right to Participate in Your Care: You should be involved in decisions about your treatment and care as much as possible.
• Right to Visitors: You are allowed to have visitors unless there are specific restrictions based on risk assessments.
• Right to Correspondence: You can send and receive letters, although some restrictions might apply for safety reasons.
• Right to Advocacy: You have the right to access an Independent Mental Health Advocate (IMHA) who can support you in understanding and exercising your rights.
• Right to Complain: If you are unhappy with any aspect of your care or treatment, you can make a complaint through the hospital’s formal complaints process or seek assistance from an advocacy service.

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.