If you have been assessed under the act, this is because:
- you have been showing signs of mental distress and your mental health is in crisis;
- your health has been at risk;
- your safety, or the safety of others, has been at risk; and
- you need support to get better and be safe.
If you agree to be in hospital and you want to work with the people there to improve your mental health, you should not be detained under the act but should be admitted as a voluntary patient.
If you do not agree to be in hospital and the assessment team feel that this is necessary, you will be detained under the act.
Who decides on the next steps?
You will be assessed under the act by:
- an AMHP
- a doctor with specialist expertise in assessing mental health difficulties and
- a doctor who knows you well or, if this is not possible, another doctor with specialist expertise in assessing mental health difficulties
You would usually be assessed by all three people at the same time.
Local authorities approve people to work as AMHPs. They are not doctors. Most AMHPs are social workers, but they could be a mental health nurse, an occupational therapist or a psychologist. To find out more, ask the AMHP for a copy of the information leaflet, ‘Approved mental health professionals’. You can also get a copy by visiting our website at westsussex.gov.uk (search under ‘Adults’ social care publications’) or contacting our Adults’ CarePoint.
All the people assessing you under the act have a legal duty to ask for your views on what has been happening and what needs to happen next. They will want to find out your past and present wishes, feelings, beliefs and values.
The people who are assessing you will always try to be sensitive to your cultural background, faith, sexuality and gender identity, and they will use language appropriately. They must not make assumptions based on your age, appearance, disability or behaviour. They will provide a professional translator, including for British Sign Language, if you need one.
The views of others who have an interest in your care and support will be taken into account. If you agree, this could include your relatives or friends. If you have been assessed before, the record of that assessment may also be considered.
The AMHP must decide whether you meet the legal criteria to be detained.
If you are going to be admitted to hospital voluntarily, the team will check that you understand the role and purpose of the stay in hospital and that you agree to go there and receive support.