You are entitled to section 117 after-care if you have been in hospital under sections 3, 37, 45A, 47, or 48 of the Mental Health Act 1983. The term is used to refer to someone who looks out for you, and makes sure your wishes and choices are heard and understood. These are that the person is suffering from mental disorder and that the mental disorder is of a nature or a degree which warrants their care and treatment in hospital and also that there is risk to their health, safety of the service user or risk to others. However, there is subtle difference between agreeing with the application being made and objecting. They also need to consult with the Nearest Relative who could object to the application being made and if this is the case the application cannot proceed without further legal processes. They include: • the right to ask for you to be admitted to hospital for assessment or treatment; • the right to receive information about your detention under the Act; • the right to ask for you to be discharged. This Act comes into force on a day fixed by proclamation. The main purpose of the law is to regulate the involuntary admission of people into a psychiatric hospital. In addition service users can appeal against their detention at any time and be supported by an Independent Mental Health Advocate to attend a hospital manager’s review / Mental Health Tribunal where their detention will be reviewed. Mental Health Act Leaflets; Mental Health Law; Wider NHS and Our Partners; Contact Us. Section 3 Patient Information, Admission to Hospital; Patient Information, Nearest Relative; Note ↑ This is not a translation of the current s136 form (which is available on the Mental Health Act 1983 information leaflets page). In most cases, you'll be told which section of the Mental Health Act applied in your case. Mental Health Act 1983, Section 3 is up to date with all changes known to be in force on or before 04 December 2020. You can do this at any time. Section 3 of the Mental Health Act is commonly known as “treatment order” it allows for the detention of the service user for treatment in the hospital based on certain criteria and conditions being met. The duty to provide aftercare also applies if you are given section 17 … Copyright © 2020 Cygnet Health Care However, your consent will always be sought. | Sort by Date Decision-making and mental capacity (NG108) This guideline covers decision-making in people 16 years and over who may lack capacity now or in the future. Czech foreign-language leaflets (translated for Leeds and York Partnership NHS Trust, May 2014): . of Health Complaints Commis-sioner inserted by No. What is a Section 3 of the Mental Health Act? Your responsible clinician and other hospital staff will talk to you about any medication that you need for your mental health problem. During this time you must be seen by a doctor at least once every 24 hours. How long will I be here? You can be detained if professionals think your mental health puts you or others at risk, and you need to be in hospital. Section 2(1): this Act brought into force, on 31 January 2018, by clause 2 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 Commencement Order 2017 (LI 2017/196). After three months, if you do not want the medicine you are being given, an independent doctor called a SOAD (Second Opinion Appointed Doctor) will talk to you and to staff who know you. This means that two doctors think that you have a mental disorder and you need to be in hospital so that you can be given treatment and care. The person may not have insight into their condition and deterioration and the need to engage with care and treatment. Section 10(2)(d): amended, on 1 April 2000, by section 10(3) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Section 2 cannot be renewed and if somebody needs to stay in hospital after the 28 days, then an assessment for detention under a Section 3 must take place. Contents page 3 Mental Health Act 2007 No 8 Contents Page Division 3 Continuing detention in mental health facilities 34 Mental health inquiries to be held 19 Section 117 of the Mental Health Act says that aftercare services are services which are intended to: meet a need that arises from or relates to your mental health problem, and; reduce the risk of your mental condition getting worse, and you having to go back to hospital Acute Inpatient Mental Health - Dova Unit South Cumbria, Acute Inpatient Mental Health - Kentmere Unit South Cumbria, Patient Advice and Liaison Service (PALS) Service. 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