In most cases when people are treated in hospital or another mental health facility, they have agreed or volunteered to be there. They may be referred to as a voluntary patient. - NHS

Link to the mental health act: https://www.legislation.gov.uk/ukpga/1983/20/contents

→ But there are cases when a person can be detained, also known as sectioned and treated without his/her agreement under the mental health act from 1983.

Whilst it authorises compulsory treatment in certain circumstances, the Act is intended to promote recovery-oriented practice, minimise compulsory treatment and protect and support the rights of people living with mental illness. - legalaid.vic.gov.au


<aside> 💡 The mental health act is ‘the main piece of legislation that covers the assessment, treatment and rights of people with a mental health disorder’.

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→ The mental health act ist divided in 11 parts and each of those in further sections:

→ Overall over 200 Sections

→ AMHP = Approved Mental Health Professional

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Section 2 of the MHA

Under which conditions the mental health act can be used:

  1. How long can a patient be detained in hospital?
    1. A person can be detained as long as one of the provisions in the law is true
  2. How is ‘mental disorder’ defined under this law?
    1. A person over 21 who is mentally ill or has severe subnormality
    2. A person under 21 who shows psychopathic disorder or subnormality. The disorder has to be so strong that the patient cannot take care of himself/herself.
  3. Under which circumstances can an admission for treatment be made?
    1. Two independent medical practitioners need to prove in a written statement that the patient is suffering from a mental disorder, which has to be treated. The statement has to show that there is no other possible way of treatment.

What’s good about the mental health act:

If a mentally ill person does not want to be treated, doctors still take care of him/her. It might prevent more serious consequences, e.g. the patient hurting himself/herself or committing suicide. It might also put dangerous people, who want to harm people, into hospital.

What’s not good about the mental health act:

An ambitious doctor could abuse the law as the definition of “having a mental disorder” or “severe subnormality” is very unclear → The doctor can interpret according to his/her ambitions.

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