This section looks at the role of your nearest relative. Such as who your nearest relative would be and what your nearest relative’s rights are. This information is for adults affected by mental illness in England. It’s also for their loved ones and carers and anyone interested in this subject.
Some information in this factsheet is quite complicated. This section explains some of the phrases and words used:
Approved mental health professional (AMHP): An AMHP is a mental health professional who is trained to use the Mental Health Act. They can be a psychologist, nurse, social worker, or occupational therapist. They help to decide if you should be detained under the Mental Health Act. The role of the AMHP is to give a social, rather than a medical opinion. Even if they have a medical background. An AMHP can help to bring you to hospital.
Community Treatment Order (CTO): You can get a community treatment order (CTO) if you’ve been in hospital under certain sections of the Mental Health Act. Your responsible clinician can arrange it. A CTO means you will have supervised treatment when you leave hospital. You will still be under the Mental Health Act.
You will have to follow conditions if you are on a CTO. These conditions should help you stay well. If you break the conditions of your CTO you can be brought back to hospital.
Guardianship: On a guardianship you can get the treatment that you need in the community with the help of a guardian. If you don’t have a guardian, it is likely that you would have to remain in hospital to get treatment. Your guardian may be your local authority or someone else approved by the local authority.
Hospital Managers: Hospital Managers make sure that the Mental Health Act is properly used. For example, making sure that information is given to you and your nearest relative. They can also hold a hearing to decide if you should be detained or discharged.
Independent Mental Health Advocate (IMHA): IMHA’s are independent of other hospital staff. This means that they do not work for the NHS. An IMHA can explain your rights and help you to make decisions about your care and treatment. You have a legal right to see an IMHA if you are detained under the Mental Health Act.
Section 17 leave: Any leave away from the ward has to be authorised by a doctor. This is known as ‘section 17 leave’. When you are detained under the Mental Health Act you are not allowed to leave the ward freely. Leave may be increased gradually over a number of weeks.
Responsible Clinician (RC): The RC is the professional who is responsible for your care and treatment.
Section 2 of the Mental Health Act: Section 2 allows you to be admitted to hospital for an assessment of your mental health. And to get any necessary treatment. It lasts for a maximum of 28 days and can’t be renewed. If you need to stay in hospital after 28 days, you will be transferred to a section 3.
Section 3 of the Mental Health Act: Section 3 allows you to be admitted to hospital for treatment. It lasts for up to 6 months, but this can be renewed.
You can find out more information on www.rethink.org about:
The Mental Health Act 1983 is law. It explains when someone with mental health difficulties can be placed in hospital for a mental health assessment and treatment. This is often known as ‘being detained’ or ‘being sectioned.’
The Mental Health Act is only used when someone with mental health difficulties have put their own or someone else’s safety at risk. And they are unwilling to get help for their mental health problems.
You can find out more about the ‘Mental Health Act’ by clicking here.