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Making sense of sectioning - a guide to what it means to be sectioned for a mental health problem and what your rights are.
There are lots of different types of section. Each are used for different situations.
They are normally referred to by their numbers but essentially, if you are 'sectioned' or ‘put on section’ you are kept in hospital and can be given treatment without your agreement.
Taking away someone's rights like this should never be done lightly. That's why there is a law, called the Mental Health Act which sets out strict rules to make sure that it is only done if it is completely necessary.
It is the different parts of this law, or the 'sections' which is where the term 'sectioning' comes from.
There is also a code which tells professionals how they should protect you and your rights when you are being considered for, and while you are under section.
When you have a mental health problem, being 'sectioned' might be one of the scariest things to think about.
That's because being kept in hospital against your will is scary and can feel more like a punishment than a way of treating a mental health problem.
It is important to remember though, that sectioning should be the last resort.
For example, if you're worried about going to your GP about having a low mood, it is very unlikely this will lead to being sectioned.
Your GP will offer things like medication, talking treatments or community support services which you can do whilst carrying on with your normal life.
To be sectioned, someone - such as your GP, psychiatrist, or a member of your family - must let your local social services or community mental health team know they are worried about you.
They will arrange an assessment to decide if you need to be sectioned if:
• You need to be assessed and treated for your mental health problem urgently
• Your health could be at serious risk of getting worse if you do not get treatment quickly
• Your safety or someone else’s safety is at serious risk
• Or your doctor thinks you need to be assessed and treated in hospital
For most types of section there has to be 3 people, including a medical practitioner, a Section 12 approved doctor (usually a psychiatrist) and an approved mental health professional.
They must consider whether there is any other way of getting you the treatment you need. Only if there is not, should you be sectioned.
During this assessment you have a right to ask questions and express your views.
Or if this is something you find difficult you can also ask for a friend, a family member or a professional advocate to help you, although this might not always be possible.
If the assessors decide that you need to be sectioned then they need to make sure that the hospital is suitable and that there is a hospital bed there for you.
How long you have to stay in hospital will depend on which section you are under. You are entitled to written info on this once you are on the ward.
Even though you may not be able to leave the hospital or make decisions about your care, you don’t lose all your rights. You are still entitled to:
access to copies of your sectioning paperwork..
…telephone access,
… and access to an independent mental health advocate to help you express your views
You also have a right to complain about your care or to appeal your section and get in touch with your solicitor.
These are the rights that you should have. Unfortunately, Mind hears from lots of people who aren't treated in this way.
If you think your rights have been breached, or want to talk to someone about making a complaint our Infoline can help.
You can also find out more about sectioning and what your rights are if it happens to you, on the Mind website.