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Human Rights

Introduction

Human Rights

Personal Liberty

ECHR

Torture and ECHR

Human Rights and Terrorist Suspects

Detention Under the Mental Health Act

Peaceful Protest

Anti Slavery

Access to Information Held by Police

Euthanasia

Care Home Rights

Privacy

Protecting Your Privacy in Unwanted Calls

Privacy and Electronic Communications

Privacy From Media

Internet Privacy Policy

Facebook and Privacy of Personal Data

Data Protection Act

Image Rights

Right to a Private Life

Surveillance of Private Individuals

Sports Stars and Media Publication

Impersonating Someone on Facebook

Images of Yourself Online

Access to CCTV

Can I be kept in a psychiatric hospital? 

Anyone aged eighteen or over may be detained in a psychiatric hospital if that person has one of the mental disorders listed in Mental Health Act 1983. However, this disorder requires an assessment or treatment in a hospital and the person should be believed to be a danger to her or himself or to others.

How an application is made?

An application to detain someone against their will must either be made by a doctor, nurse or social worker specialising in the mental illness. This application can also be made by the person’s closest relative as defined by the Mental Health Act. In addition, two doctors must confirm in writing that the detention is valid.

How long someone can be detained?

This depends on which section of the Mental Health Act that is used. Under Section 2, the person is sectioned (admitted) for an assessment (with treatment, if necessary) and can be detained up to twenty-eight days.

Other sections commonly used are Section 3 (the person is sectioned for immediate treatment and can be detained for up to six months, Section 4 (an emergency admission for up to seventy-two hours initially, and Section 5 (a ‘voluntary patient’) has asked to be sectioned and can be detained for up to seventy-two hours.  The use of a Section 5 order should be restricted to times when it is not possible to use Sections 2,3, or 4.

What are the patients’ rights?

Patients held under the Mental Health Act can ask for another doctor to review the detention and decide whether it is appropriate, and she or he can appeal to an independent mental health review tribunal to assess whether they should be kept in hospital or not. The hospital should provide application forms for a review, and staff or social workers should help the applicant to complete one.

What happens after someone is found to be behaving strange?

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