Restricted under the Mental Health Act

Caring for people whose rights are restricted under the Mental Health Act

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Are you looking for carers who have experience with restricted under the mental health act?

Mostly, when people are treated in a mental health facility or a hospital, they are in the facility by choice. There are cases when a person may be detained or 'sectioned' under the Mental Health Act (1983) and treated without their agreement.

What is the Mental Health Act? - An Introduction

The Mental Health Act (1983) is the law that covers the rights and treatment of people with mental health disorders in England and Wales. Updated in 2007, it outlines the rights regarding:

People who are held or sectioned under the Mental Health Act are considered a danger to themselves or others and need immediate treatment.

If you or someone you care about is detained or sectioned, certain rights are lost, including the right to leave the hospital freely; in this situation, it is essential to know your rights under the Mental Health Act.

The Mental Health Act consists of several sections, each with different rules. The length of stay in the hospital is dictated by which section they are detained under. If you are the 'nearest relative', you may have the legal right to get involved.

What is Mental Health?

Mental health is a vital element of our well-being. Good mental health allows us to work productively, cope with everyday stress, realise our capabilities and contribute to our communities. 

Mental health affects how we feel, think, and behave. It is inclusive of our social, psychological, and emotional well-being. Our mental health also impacts how we handle stress, make healthy choices, and how we communicate with others. 

What happens if you or a loved one is detained under the Mental Health Act

If you or someone you care for is detained under the Mental Health Act, you or they will need to stay under the care of the doctors in the hospital until a tribunal decides otherwise. 

How to help someone who has been sectioned under the Mental Health Act

It is common and natural to feel confused or anxious if a family member is sectioned or detained under the Mental Health Act. You want to support your loved one, but they are so unwell they need professional support, it can feel very powerless.
If you are the nearest relative, you have legal rights to information on the section; the care coordinator or ward manager can help you with any questions. 

You can support your loved one by letting them know their rights. Here are some things you can do:

Look after yourself when you are caring for someone else:

If someone you love has been sectioned, you might find yourself mentally and physically focusing a lot on their needs. You must care for yourself and look after your mental well-being too. Eat and sleep well, talk to people you trust and make sure you have some time just for yourself. 

If you are not the nearest relative, there are still things you can do to support your loved one. Here are some ideas: 

Mental Health Act FAQs

What does 'being sectioned' mean?

The mental Health Act has many sections, and if you or a loved one are being detained, they will tell you which section you are being detained under.

What is section 2 of the mental health act?

You can be detained under section 2 of the Mental Health Act when you have a mental disorder and it is decided that you need to be detained for your safety and the safety of others. The detainment allows professionals to assess and possibly treat you.

Mental Health Disorder - what does it mean?

The term "Mental Health Disorder" is used when describing people who are experiencing:

If I am sectioned, what rights do I have?

If you are detained in the hospital and sectioned, you have the following rights:

When might I be sectioned?
If you or a loved one has raised concerns about your mental health, it may lead to being sectioned.

You should only be sectioned if:

You will need to be fully assessed by health professionals before you are sectioned to ensure it is necessary.

Can I visit my loved one in the hospital if they are sectioned?

You may visit your loved one as long as they are happy to see you. If a patient refuses to see guests, the hospital staff will respect their wishes.