Detention under Section 3 of the Mental Health Act 1983
Information for relatives
If your relative is detained in hospital under Section 3, this means that they have to stay in hospital for up to six months treatment and they have to accept the treatment prescribed by the doctor. They may not have to stay in hospital for a full six months. Their Consultant Psychiatrist is responsible for deciding when it is appropriate to discharge your relative.
Can the time period of detention be extended?
In some circumstances, it might be necessary to keep your relative in hospital for longer. This can only be done if another application is made to renew the 'section'. The decision about whether to do this will be made close to the time when your relative is due to be discharged from hospital, and you will be informed if this is the case.
This will also be explained to the person being detained and they will be given information by the ward staff which will set out their legal rights.
What are my rights as a relative?
If you are the 'nearest relative' as set out in the Mental Health Act, you have the right to request discharge of your relative from hospital. However, if you want to do this, you must give the hospital 72 hours notice in writing. The hospital also has a duty to consult with you prior to the detention.
The Consultant Psychiatrist can refuse to agree to a request for discharge if in their opinion it is necessary for your relative to stay in hospital for their own health or safety or for the protection of others. If you are unsure as to whether you are the 'nearest relative' as described in the Mental Health Act, please contact the Mental Health Act Administrator on 020 8732 6922.
Can I appeal the detention?
As the nearest relative, you can appeal to a Mental Health Review Tribunal or to the hospital Managers at any time. Please contact the Mental Health Act Administrator for more information (full details below).
Will I be kept involved in the care of my relative?
Yes, you have an important role to play and, subject to your relative's consent, you will be invited to take part in meetings to review your relative's progress or make plans for their care after discharge. The hospital must tell you when your relative is going to be discharged unless you write to them to say you do not want to be informed.
Displacement of the nearest relative
In some cases, if you have made an objection to your relative being admitted to hospital, an Approved Mental Health Professional may apply for displacement of the nearest relative. This means that they believe your involvement to pose a risk to your relative's health or well-being.
More information
If you have any further questions about your rights under the Mental Health Act, please contact the Mental Health Act Administrator:
Dennis Scott Unit, Edgware Community Hospital, Burnt Oak Broadway, Edgware HA8 0AD
- Tel: 020 8732 6922 or 020 8732 6362
- Fax: 020 8732 6653
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Email this pageLast modified by: Neha Shah on 25/10/2011