If a person has been detained in hospital, this is because:
• they are showing signs of mental distress and their mental health is in crisis;
• their health is at risk;
• their safety, or the safety of others, is at risk;
• they need support to get better and be safe, and it is best for them to be in hospital at this time; and
• they have not agreed to be in hospital of their own free will as a voluntary patient.
If they do agree to be in hospital and they want to work with the people there to get better, they should be admitted as a voluntary patient.
Who decides if a person should be detained?
The person will be assessed by:
• an approved mental health professional (AMHP);
• a doctor with experience of mental health conditions; and
• a doctor who knows the person well or, if this is not possible, another doctor with experience of mental health conditions.
The person would usually be interviewed 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.
The professionals in the assessment team have a legal duty to ask the person they are assessing for their views on what has been happening and what needs to happen next. They will want to find out the person’s past and present wishes, feelings, beliefs and values.
The professionals will always try to be sensitive to the person’s cultural background, faith, sexuality and gender identity, and they will use language appropriately. They must not make assumptions based on the person’s age, appearance, disability or behaviour. They will provide a professional translator, including for British Sign Language, if necessary.
The AMHP must decide whether the person meets the legal criteria to be detained by law. They must decide whether the person’s health or safety, or the safety of other people, would be at risk if the person were not detained. They must also decide whether being detained in hospital is the best way for the person to get the care and support they need.
Both doctors must also agree that the person needs to be in hospital, and they must put their views in writing.
The views of others, such as family members and people who have an interest in the person’s care and support, will be taken into account.