The Mental Health Act

Most patients in hospital, including those in mental health facilities, are there voluntarily. However, some patients need treatment but are not willing to be voluntary patients.  The Mental Health Act, 1983 (MHA) and subsequent amendments is the main legislation allowing people to be detained for investigation, diagnosis and treatment.  It has an important role in protecting individuals from abuse and illegal detention.

People detained under the Mental Health Act are deemed in urgent need of treatment for a mental health disorder, and are at immediate risk of harm to themselves to others.

Important Sections of the MHA to understand include:

Section 2

Section 3

Section 5

Section 135

Section 136

(Note Deprivation of Liberty is covered by the Mental Capacity Act, not the Mental Health Act)

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