If you have been detained in hospital by law, this is because:
• you are showing signs of mental distress and your mental health is in crisis;
• your health is at risk;
• your safety, or the safety of others, is at risk;
• you need support to get better and be safe, and it is best for you to be in hospital at this time; and
• you have not agreed to be in hospital of your own free will as a voluntary patient.
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 but should be admitted as a voluntary patient.
Who decides if I should be detained?
For detention under the act to be lawful, you will be assessed by:
• an approved mental health professional (AMHP):
• a doctor with experience of mental health conditions; and
• a doctor who knows you well or, if this is not possible, another doctor with experience of mental health conditions.
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.
The people who are assessing you 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 AMHP must decide whether you meet the legal criteria to be detained. The law says that they must decide whether your health or safety, or the safety of other people, would be at risk if you were not detained. They must also decide whether being detained in hospital is the best way for you to get the care and support you need.
Both doctors must also agree that you need to be in hospital, and they must put their views in writing.
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.
Nearest relative
The AMHP must discuss the plan to admit you to hospital with your nearest relative. ‘Nearest relative’ is a legal term.
Your ‘next of kin’ has no legal status and cannot make decisions on your behalf unless they are also your nearest relative.
The AMHP must follow the guidance set out in the act to identify your nearest relative and to work with them.
If you do not have a nearest relative and would like someone such as a friend to take on this role, the AMHP will explain what you need to do.
Your nearest relative has the right to:
• get information about your detention under the act;
• be involved in your care and treatment;
• write to the hospital to ask for you to be discharged;
• get information about plans for your discharge from hospital; and
• object to you being detained under the act.
If your nearest relative wants to arrange for someone else to take on the role, the AMHP will tell them how to do this. The other person will need to agree in writing that they are willing to be your nearest relative.
If your nearest relative does not agree with the decision to detain you for up to six months under section 3 of the act, but there is no other appropriate care available, it may be necessary for the AMHP to consider applying to the county court to change your nearest relative.
Will the police be involved?
The police are not usually involved unless the assessment has taken place at a police station or a court has issued a warrant to gain entry to your home. In some cases, the police may be called to support the people carrying out an assessment, to prevent violence or public disturbance.