The Mental Health Act 1983, Amended 2007

Jake Turner

Key facts

• For the 2011/12 period: On the 31st March 2012 there were 22,267 people people subject to detention or CTO restrictions under The Act• 17,503 people were detained in hospital (an increase of 856 or 5 per cent); • 4,764 people were subject to a CTO (an increase of 473 or 11 per cent).

What is The Act?

• The Mental Health Act is designed to allow the treatment, detention and assessment of persons whom are suspected of suffering one of the named mental illnesses in The Act.

The named mental illnesses

• Under the Act, mental disorder is defined as "any disorder or disability of mind". • The concept of mental disorder as defined by the Act does not

necessarily correspond to medical categories of mental disorder such as those outlined in ICD-10 or DSM-IV. • However, mental disorder is thought by most psychiatrists to cover

schizophrenia, anorexia nervosa, major depression, bipolar disorder and other similar illnesses, learning disability and personality disorders.

What does the act let you (Dr’s) do?

• Detain patients whom are a risk to themselves or others• Treat patients against their will FOR THE NAMED MENTAL HEALTH

ILLNESS THEY HAVE BEEN DIAGNOSED WITH•

What you need to know for exams

• There are 5 sections we should be aware of• Section 2: 28 day assessment period• Section 3: Continuing treatment / detention of patients• Section 4: Emergency treatment / detention up to 72 hours• Section 135: Used by police to forcibly detain someone and bring them

to hospital for mental health assessment when that person is on public property• Section 136: Used by the police to forcibly enter private property to

give them medical treatment or detain them for mental health assessment

What you need to know for exams (cont.)• The mental health acts section 3 (treatment of a mental health disorder) ONLY

applies to patients with a defined mental illness that is named in the act. Therefore, if we don’t know what it is, we can’t treat it. • A patient can be forcibly admitted for up to 28 days for assessment and treatment

under section 2 of The Act• A section 2 order CANNOT be renewed.• If needed, a patient can then be placed under a section 3 order, which allows up

to 6 months of treatment (which can be renewed once), and then can be renewed yearly.• To “section” someone ALWAYS requires an Approved Mental Health Professional.

This is usually a social worker but can also be anyone in a related profession who has had the training.

More resources

• Detention under the mental health act factsheet: