Mental Health Act Section 2 And 3

We are also recommending that the code of practice makes it clear that section 3 rather than section 2 should be used when a person has already been subject to section 2 within the last twelve months.
Mental health act section 2 and 3. Changes that have been made appear in the content and are referenced with annotations. Section 3 of the mental health act is commonly known as treatment order it allows for the detention of the service user for treatment in the hospital based on certain criteria and conditions being met. The mental health act 1983 code of practice the mha code of practice should be followed by professionals who are involved in your care and treatment.
These are that the person is suffering from mental disorder and that the mental disorder is of a nature or a degree which warrants their. Section 2 1 proposed patient. Section 2 1 psychiatrist.
In order to be an applicant you need to ensure that you have two medical recommendations which state the person needs to be admitted to hospital for assessment and possible treatment for a mental disorder. Up to 28 days under section 2 of the mental health act up to 6 months under section 3 of the mental health act with further renewals during these periods assessments will be regularly carried out by the doctor in charge of your care to determine whether it s safe for you to be discharged and what further treatment is required if any. Mental health act 1983 section 2 is up to date with all changes known to be in force on or before 29 september 2020.
Inserted on 1 april 2000 by section 2 3 of the mental health compulsory assessment and treatment amendment act 1999 1999 no 140. The approved mental health professional is in the majority of cases the applicant for section 2 under the mental health act. The code of practice provides guidance to health professionals about the mha and is also intended to be helpful to you your family carers representatives friends advocates and anyone else who.
They are independent of the hospital staff. You can get help from an imha if you are under sections 2 or 3 of the mental health act. The duty to provide aftercare also applies if you are given section 17 leave or are under a community treatment order.
Replaced on 18 september 2004 by section 175 1 of the health practitioners competence assurance act 2003 2003 no 48. Imhas help you to tell staff about your concerns and find out what your rights are. There are changes that may be brought into force at a future date.