mental health act

5240 Words21 Pages
The Mental Health Act The mental health act is an act design to protect people with mental illness. It was originally written in 1983 and reformed in 2007. It sets out clear guidance for a health professional when a person may need to be taken into compulsorily detained in a hospital. This is known as sectioning. This helps carers who are unable to cope without help. People can be sectioned if the health care profession thinks they are a danger to themselves, they are a danger to another person or in danger of abuse from another person. The health professionals have a duty of care to the patient who is mentally ill. They must provide get the right treatment and to give them and their families the right information. The act gives rights to…show more content…
They have a joint duty to ensure that care services are ready for when a person comes out of compulsorily detainment. This helps to create a smooth transition between care services for the patient. The support is offered to all people are is not means tested. The care is free for all patients and includes care in the person 's own home and paying for care home fees. However the local authority may decide that a person is no longer eligible for after-care support under section 117 and will have to start paying for their own care. Challenging sections Sections can be challenged, there are four main ways to challenge a section. This first way is to ask a Responsible Clinician to discharge them. The responsible clinician must discharge the patient if the medical conditions not bad enough to justify the admission. The next step is to to request a meeting with hospital managers and ask them to discharge them. The third step is to ask your next of kin to discharged you by giving the hospital 72 hours notice in writing. After this, if the responsible clinician allows it the next of kin can discharged the person from the detainment. However the Responsible Clinician may if they think you would act in a manner dangerous to yourself or others. The finial option is to apply to the Mental Health Tribunal (MHT). The patient will be able to use a legal aid to get a solicitor free of charge to help you with your appeal to the tribunal and during the hearing.
Get Access