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From an article in today's BBC News.....

Posted by _alii_ on August 20, 2002, at 15:14:23

Scary! Truly scary. --alii
+++ are the questions and the answers follow underneath

Tuesday, 20 August, 2002, 18:08 GMT 19:08 UK
Q&A: Mental health 'sectioning'

The Mental Health Act 1983 is intended to help doctors deal with patients who may be mentally disordered. Part of the Act makes possible the compulsory detention and treatment of patients. What are these powers, and what do they mean for patients?

+++Who can be 'sectioned' under the Mental Health Act 1983?

People with different types of defined "mental disorder" can be admitted to hospital against their will under the Act.

These include those with "severe mental impairment", "psychopathic disorder" or "mental illness".

+++What happens during the sectioning process?

A patient is sectioned so that they are no longer a potential threat to themselves or other people. It enables doctors to administer treatment and also assess the extent of the patient's mental disorder.

Under section two of the Act, a patient can be admitted to hospital for 28 days to undergo a full psychiatric assessment.

At the end of the 28-day period, if the medical recommendation is for the stay in hospital to be extended, a further six months can be given under section three of the Act.

Generally a patient can only be sectioned if two doctors and a social worker or a close relative of the patient believe it is necessary. One of these doctors is usually a psychiatrist. The other is often a doctor who knows the patient well.

An approved social worker also has to involved in the assessment, and has to agree that being sectioned is the best course of action for that patient. The social worker then makes the application for a place in secure accommodation for the patient.

+++What rights does the patient have during this time?

Some treatments can be given to people detained under various sections of the Act, even without their consent. This is possible if the treatment is believed absolutely necessary to prevent deterioration in the patient's condition while they are in hospital.

Some more powerful treatments and operations, however, require an additional court order under the Act.

These include any operations which destroy brain tissue or aim to stop parts of the brain functioning - such as a lobotomy - and the surgical implantation of sex hormones in order to reduce the male sex drive.

+++Can a patient or his or her relative appeal against detention?

A patient can be discharged from detention at any time if the doctors believe that it is no longer needed.

Every patient should have a named "responsible medical officer" who has a duty to keep an eye on progress.

In addition, the patient themselves can appeal for release to the NHS trust which is detaining them.

The "nearest relative" also has a right to "order the discharge" of a patient, but the doctors can block this by producing evidence that the patient still represents a risk to the public or him or herself. If this happens, the relative cannot try again for another six months.

Finally, there is a right of appeal to the Mental Health Review Tribunal, which can order discharge after a formal tribunal hearing. However, there have been frequent complaints that this process is extremely slow moving.

+++How often are these powers used?

Between 1989 and 1990, 16,300 were given compulsory treatment against their will.

In 2000/2001, 26,707 were formally admitted against their will, in addition to 19,570 who went voluntarily to hospital in the first instance but who were then sectioned.


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poster:_alii_ thread:28984
URL: http://www.dr-bob.org/babble/social/20020820/msgs/28984.html