Mental Health

Hogans Solicitors are committed to improving the lives of those people who suffer from Mental Health problems. Our staff are experienced at dealing with a wide range of problems and have for some years been at the forefront of Mental Health law. Our team will help with any problem that you may have. Listed below are some common questions and answers. Please contact us if you need to know more. Our Freephone number is [FreePhone Number>.

What are my rights if I have mental health problems?

If you use mental health services, you are generally free to choose which services to use, including which treatments to have, and whether to stay in hospital. However, if you're 'sectioned', you may have to stay in hospital for treatment whether or not you want it. Sectioning means having you held (detained) in hospital for treatment because of your mental illness.

How does sectioning work, and who can get me sectioned?

Sectioning is when you have to go into hospital because of your mental illness. A family member or your doctor may ask for you to be sectioned if they're worried about you.

By law, two doctors must agree that you need to be in hospital. A third person must then decide whether to section you. This person is normally a social worker who is an expert in mental health matters, but it could be your 'nearest relative' (see 'Who is my 'nearest relative' and can I change who this is?' below).

You can be sectioned only according to the terms set out in a law called the Mental Health Act. But you can say what help you think you need for your mental illness. Your doctors and social worker must then try to arrange this help if it will prevent you being sectioned.

Different types of section

There are three different types of section:

• Section 2 (Admission for assessment) is if you need time in hospital for assessment and to see what treatment might help you. You can be detained (held) in hospital for up to 28 days. You can only be held longer if you are assessed and sectioned again (under section 3) before the 28 days are up.
• Section 3 (Admission for treatment) is if you need treatment in a hospital for your mental health problems. You can be held for up to six months, but the section can be renewed.
• Section 4 (Admission for assessment in cases of emergency) is used if you urgently need to go into hospital for your mental health problems. In this case, you may be assessed by only one doctor and another person, but you can be held for only three days. Within that time, if a second doctor agrees that you need to be in hospital, your section can be turned into a section 2.

Can my psychiatrist force me to have treatment I don't want?

Any doctor, including a psychiatrist, should always ask if you agree (consent) to a treatment, for example drugs. But in some cases if you have been sectioned, you can be given treatment for a mental disorder even if you say you don't want it. There are rules about how this can happen:

• You can be made to have treatment only for your mental health problem, and not for anything else. If you're not sure what the treatment is for, seek expert advice.
• If a doctor wants to give you treatment that you don't want, a second doctor must agree that you should have it.

If you don't want a particular treatment, tell your doctor and explain why. If the doctor still says you must have the treatment, contact us for advice.

If I am in a mental health hospital as a 'voluntary' patient, can I leave when I want to?

If you agree to go into hospital for treatment and have not been sectioned, you are normally free to leave when you want. But the doctor in charge of your care can keep you in hospital for up to three days to assess you to see whether you should be sectioned. Unless you are then sectioned, you are free to leave after the assessment.

Who is my 'nearest relative' and can I change who this is?

Your nearest relative is a person who has certain rights and powers about:

• you being sectioned
• you being discharged (leaving hospital), and
• other things to do with your care and treatment under the Mental Health Act.

You do not choose your nearest relative. Who it is depends on rules set out in the Mental Health Act. For example, if you have a wife, husband or civil partner, they are your nearest relative. Otherwise, it will be another member of your family or a person who lives with or cares for you - it is not always someone related to you.

If your nearest relative does not want to be involved in decisions about your mental health care, they can allow someone else to do this.

What rights do I have if I've been sectioned?

If you are held in hospital because you've been sectioned, you should be told:

• why you are being held, and how you can be released from hospital
• about the Mental Health Review Tribunal (see 'If I've been sectioned, how can I leave hospital?' below)
• how and when you can be treated without your agreement, and
• about your right to meet Mental Health Act commissioners when they visit the hospital. The commissioners check whether you really need to be in hospital and that you are being cared for properly.

If you are held in hospital, you also have the right to:

• see your medical records, and
• have your friends and family visit you (unless the doctors have a very good reason why they should not).

If I've been sectioned, how can I leave hospital?

You should be discharged, and your section should end, as soon as it is clear you no longer need to be held in hospital. The doctor in charge of your care and treatment will decide this. You can then leave hospital or agree to stay as an 'informal' (sometimes called voluntary) patient.

If you are held under section 2 or section 3, your nearest relative can write to the hospital managers asking for you to be discharged. The hospital managers may consider letting you leave, though they don't have to.

Also, at any time you can tell the hospital managers that you think you should be discharged. They may then decide to hold a hearing where you can explain why.

What if the hospital won't discharge me when I ask?

If the hospital doesn't agree to discharge you, you can apply to the Mental Health Review Tribunal (MHRT). The MHRT is independent from the hospital. It will hear your case and decide whether you should be discharged.

You can have a specialist mental health solicitor, such as Hogans, to put your case for you to the tribunal. Legal aid will pay for the solicitor's legal costs.

Can I get help when I leave hospital?

You should be assessed to see what help you will need when you leave hospital. This could include things such as:

• somewhere to live
• social care support
• home help, and
• daytime activities (for example, access to a day centre).

The people who assess you should ask you what you think you will need. If a friend or relative helps or looks after you, they should be asked too.

What rights do I have if I am arrested?

If you are arrested for something that was not very serious, and the police think you have mental health problems, they may just drop the case. If the police question you, you should ask to have a solicitor so you get proper legal advice.

The police should also make sure you have help from an 'appropriate adult' - a family member or social worker, for example, who will help you while you are at the police station.

Where can I get further help and advice?

Can I get legal aid?

If you need help with the costs of legal advice, you can apply for legal aid. Whether you will get it will depend on:

• the type of legal problem you have
• your disposable (spare) income and how much disposable capital (money, property, belongings) you have, and
• whether there is a reasonable chance of winning your case and whether it is worth the time and money needed to win.

Hogans are happy to speak to you and assess whether you are eligible for legal aid.