OVERVIEW
The Mental Health Act 1983 (as amended by the Mental Health Act 2007) is the main law in England and Wales that governs the assessment, treatment and rights of people who have a mental disorder. It is the framework that allows, in defined circumstances and with strict safeguards, a person to be admitted to hospital and treated for their mental disorder even where they do not consent — what is often called being ‘sectioned’ or ‘detained’. Because it is one of the few laws that permits a person’s liberty to be restricted in the interests of their health and safety or the protection of others, it is hedged about with checks, time limits, professional roles and rights of appeal designed to make sure it is never used lightly.
You will cover who the Act applies to and the criteria for detention, the five guiding principles of the Code of Practice, the difference between the Mental Health Act and the Mental Capacity Act, the key sections — Section 2 (assessment), Section 3 (treatment), Section 4 (emergency), Sections 5(2) and 5(4) (holding powers), Sections 135 and 136 (places of safety) — the roles of the Approved Mental Health Professional (AMHP), Responsible Clinician, and nearest relative, patient rights including tribunals and advocacy, and community treatment orders.
