Mental Health Act 1983

Most people on psychiatric wards are there as informal patients. This means that they are free to discharge themselves.
A number of patients are legally detained under a Section of the Mental Health Act 1983. These persons may be admitted to hospital in the interests of their own health, their own safety, or for the protection of other people.
Depending on the situation and how ill a person is, different sections of the Act are used:

Section 2        of the Act admission for assessment that lasts up to 28 days
Section 3        of the Act admission for treatment that lasts up to 6 months
Section 4        of the Act emergency admission that lasts up to 72 hours
Section 5 (2)   Doctors holding power that lasts up to 72 hours
Section 5 (4)   Nurses holding power that lasts up to 6 hours
Section 35      of the Act remand to hospital for assessment
Section 37      of the Act is an hospital order made by the Courts

The Mental Health Act Commission was set up to protect the rights and interests of all patients detained under the 1983 Mental Health Act. It is independent from Barnsley Social Services and Barnsley Primary Care Trust.

If you have been detained on a Section of the Mental Health Act and you feel that your detention is not necessary, you can appeal to the Mental Health Commission. The Commission will hold a Tribunal to review your detention and inform you of their decision.

Related Links:

• The Mental Health Act