What the Mental Health Act 1983 means for you
If you have been sectioned under the Mental Health Act 1983 and are being kept in hospital, you have the right to receive legal advice. Our specialist lawyers can assess your case represent you.
Get in Touch
What is the Mental Health Act 1983?
The Act covers the assessment, treatment and rights of those with mental health disorders. If you are sectioned, sometimes referred to as detained, you have to stay in hospital so that your doctor and hospital staff can carry out the relevant assessment. An assessment will generally take up to one day.
How Long Can I be Detained?
Our Solicitors have experience in advising and representing people who have most commonly been detained under Section 2 or Section 3 of the Mental Health Act. The length of time that you can be kept in hospital depends upon which Section you have been detained.
If you have been detained under Section 2, you may be kept in hospital for up to 28 days, with the possibility of being released sooner. Section 2 involves an assessment and a form of treatment. You can appeal to the Mental health Tribunal within the first two weeks. The Tribunal hearing will hear evidence to determine the best course of action. You can find out more about this at our Mental Health Tribunal page.
Under Section 3, you can be detained for up to 6 months if it is considered the best decision for your own safety. This can be renewed for another six months and then for a year at a time. You are allowed to appeal once during the first six months, again in the second six months, and then once per year. Under both Section 2 and 3 you also have the right to appeal against your detention to the Hospital Managers.
How is Representation Funded?
In this area of work, Legal Aid is available, meaning that our team's work is of no cost to you and it is funded by the government.
How Can Switalskis Help Me?
Being detained without understanding of your rights or what is going to happen to you can be frightening for you and your family. That is why it is recommended that you use a solicitor who has experience in these kinds of cases and knowledge of the procedures. Our approachable and reliable Mental Health Solicitors can ensure that you have the best advice possible if you are being detained under one of the Mental Health Act 1983 sections.
Contact us now on 0800 1380 458 to talk to a Mental Health Solicitor and have your case assessed, or send us a message through our website.