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The Mental Health Act
The Mental Health Act of 1983 is a complex piece of legislation, which can impact on the lives of people with mental health problems and their families and friends. The Act covers a wide range of issues but in the main, considers when someone may need to be admitted to hospital against their will, for how long and for what purpose they may have to stay there. This is commonly referred to as 'sectioning'.How it works
Local Authorities appoint social workers who are trained in the work of the 1983 Mental Health Act, and have been approved to undertake assessments under the Act. These social workers are known as Approved Social Workers. Some are based in Social Services' offices, but the majority are based with, and work alongside, Community Mental Health Teams.
Informal Admission to Hospital
Ideally, when admission to hospital is considered necessary, patients go into hospital of their own free will, and with an understanding of the reasons for their particular hospital stay. This is known in the Mental Health Act as Informal Admission. There is no specific length of time a patient admitted informally stays in hospital. The length of stay is usually agreed between the doctor and the patient - any treatment must also be agreed by the patient.
Compulsory Powers
Sometimes, however, it is necessary for compulsory powers to be used. This would include times when the patient presents a danger to himself/herself and/or others. In these circumstances, GPs - and it is usually GPs - request that a more formal assessment is carried out. The purpose of the assessment is to check out what are the patient's needs, and how best to provide for them using the Mental health Act 1983. Generally speaking, every formal admission to a psychiatric hospital under the Act is required to be based on an assessment carried out by:
- An Approved Social Worker
- A doctor 'registered' under the Act - usually a psychiatrist
- A doctor with previous knowledge of the individual, usually the GP.
You can get more information from:
www.mentalhealth.org.uk/ - UK charity working in mental health and learning disabilities. With pioneering research and community projects they aim to improve the support available for people with mental health problems and people with learning disabilities.
DOH Mental Health Policy - consultation documents, implementation guides and good practice examples on mental health policy and legislation from the Department of Health
There are people who can help: