The process of “getting someone sectioned” is often a misunderstood and complex topic, particularly in the context of mental health. The term “sectioned” refers to a legal procedure that involves the involuntary detention of an individual in a psychiatric hospital or mental health facility. This process, typically done under the Mental Health Act in many countries, ensures that individuals who are severely mentally ill can receive necessary care and treatment even when they are not capable of consenting to such care themselves. However, it is important to understand both the medical and legal implications of this procedure, as well as the potential impact on the individual’s rights and well-being.
This article aims to provide a comprehensive explanation of what it means to get someone sectioned, the legal framework behind it, the medical considerations, and the implications for both the individual and their loved ones. We will also explore the criteria for involuntary commitment, the processes involved, and how this action can affect the person who is detained. By understanding these aspects, we can gain a deeper insight into the importance of safeguarding mental health while balancing the rights of the individual involved.
What Does “Sectioned” Mean?
In the context of mental health law, the term “sectioned” is used in reference to the legal process of involuntarily admitting someone to a psychiatric facility for treatment. The term originates from the different sections of the Mental Health Act, a piece of legislation used in several countries, including the United Kingdom, to define how individuals can be detained and treated against their will due to severe mental health conditions.
When someone is “sectioned,” they are being held under a section of the Mental Health Act, which allows for their detention in a hospital for assessment or treatment. The decision to section someone is not taken lightly and involves a thorough evaluation by medical professionals to ensure that it is in the best interest of the individual.
The Legal Framework: The Mental Health Act
The Mental Health Act (in the UK and similar legislation in other countries) is the legal foundation that governs the process of involuntary admission and treatment for people with mental health disorders. The Act is designed to ensure that individuals who are a danger to themselves or others because of their mental health condition can receive necessary care, while also protecting their rights. It outlines the criteria, procedures, and safeguards to ensure that individuals are not unjustly deprived of their liberty.
There are different “sections” within the Act, each with specific criteria and procedures for involuntary detention. These sections outline who can be detained, under what circumstances, and for how long. The most commonly used sections in the UK are:
Section 2: This section is used for the initial assessment and treatment of individuals who are believed to be suffering from a mental disorder. A person can be detained under Section 2 for up to 28 days for assessment and treatment, provided that they are a risk to their own safety or the safety of others.
Section 3: This section is used for longer-term detention. If, after the initial assessment, it is determined that a person requires further treatment, they can be detained under Section 3. This allows for a person to be held for treatment for up to six months, with the possibility of renewal.
Section 136: This section allows the police to detain someone who is in a public place and appears to be suffering from a mental disorder. The individual can be taken to a hospital for assessment, but they cannot be held without proper medical evaluation.
Section 4: This is an emergency provision that allows for the detention of an individual for up to 72 hours without prior assessment by a mental health professional. This section is used in situations where there is an immediate need to secure the safety of the person or others, and a formal assessment can be made afterward.
The specific process and criteria vary from country to country, but the fundamental idea is to ensure that an individual with a severe mental health disorder receives the necessary treatment and care, even if they do not agree to it.
The Criteria for Being Sectioned
Involuntary detention under the Mental Health Act is only considered when certain criteria are met. These criteria aim to ensure that only individuals who genuinely need care are sectioned, while protecting individuals from unnecessary detainment. The general criteria include:
Diagnosis of a Mental Disorder: The person must have a diagnosed mental health condition, such as schizophrenia, bipolar disorder, or severe depression. A medical professional, usually a psychiatrist, must assess the individual and determine that they are suffering from a disorder that requires treatment.
Risk to Self or Others: The person must be at risk of harming themselves or others. This could include suicidal tendencies, the inability to care for themselves, or violent or aggressive behavior. The risk does not have to be immediate, but there must be a real concern about the person’s safety or the safety of others in the foreseeable future.
Lack of Capacity to Consent: The individual must be unable to make an informed decision about their treatment or care. This often happens when a person is so unwell that they do not recognize the severity of their condition or are unable to make sound judgments about their care.
Detention is Necessary for Treatment: It must be determined that detention is necessary to provide treatment. If the individual can receive treatment voluntarily or in a less restrictive environment, they should not be sectioned.
These criteria are designed to balance the rights of the individual with the need to provide care and ensure safety. It is essential that the decision to section someone is made carefully and involves a thorough assessment by mental health professionals.
The Medical Process Behind Being Sectioned
Once the decision to section someone has been made, the medical process begins. The individual will be assessed by mental health professionals, typically psychiatrists, who will evaluate their condition and determine the appropriate level of care required.
The Assessment
The assessment process typically involves interviews with the person, family members, and other healthcare professionals who are familiar with the individual’s mental health. The purpose of the assessment is to establish whether the person meets the criteria for involuntary detention under the Mental Health Act.
During the assessment, the psychiatrist will look at the person’s mental state, including their behavior, thoughts, emotions, and ability to function in daily life. They will also consider any potential risks, such as self-harm, aggression, or the ability to care for themselves. If it is determined that the person is suffering from a mental health disorder and is at risk of harm, the decision to section them may be made.
Involuntary Detention and Treatment
Once sectioned, the individual will be admitted to a psychiatric hospital or treatment facility. The goal of the treatment is to stabilize the person’s condition and address any immediate risks. Treatment may include medication, therapy, and counseling, depending on the nature of the mental health disorder.
While in the hospital, the individual will be closely monitored by healthcare professionals. They will receive treatment and support to help them manage their condition, and their progress will be regularly reviewed. In many cases, the person will be allowed to leave the hospital when their condition improves or when it is deemed safe for them to return to their daily life.
The Rights of the Person Who Is Sectioned
Even though an individual may be detained involuntarily under the Mental Health Act, they still have certain rights. These rights aim to ensure that their treatment is fair, just, and in their best interest.
Right to Appeal: An individual who has been sectioned has the right to appeal the decision to a tribunal. The tribunal is an independent panel that reviews the person’s case and determines whether the detention is still necessary. If the tribunal finds that the person no longer meets the criteria for detention, they can order their release.
Right to Legal Representation: Individuals who are sectioned have the right to legal representation. A solicitor can help the person understand their rights, assist with the appeals process, and advocate on their behalf.
Right to Information: Individuals who are detained must be informed of their rights and the reasons for their detention. They should also be made aware of any treatment they are receiving and have the right to refuse treatment, except in certain circumstances where it is deemed necessary for their safety or the safety of others.
Right to Family Involvement: In many cases, the family of the individual will be involved in the decision-making process. They may be consulted about the person’s condition, treatment options, and progress.
The Impact on the Individual and Their Loved Ones
Being sectioned can have a significant emotional and psychological impact on both the individual and their loved ones. For the person being detained, the experience can be traumatic, as it involves a loss of control over their life and their personal autonomy. The person may feel confused, frightened, or angry about the situation, especially if they do not understand why they are being detained.
For family members, the process of having a loved one sectioned can be equally distressing. It is important for family members to understand that the decision to section someone is made with their loved one’s well-being in mind, and it is often done in response to a severe mental health crisis. Support from healthcare professionals, as well as from family and friends, can help ease the emotional burden and facilitate the person’s recovery.
Conclusion: A Balanced Approach to Mental Health
The decision to get someone sectioned is not taken lightly. It is a legal and medical process that aims to protect individuals who are experiencing severe mental health crises. While it can be a difficult and sometimes traumatic experience, involuntary detention is designed to ensure that the person receives the care and treatment they need to recover and regain their well-being.
Understanding the complexities of being sectioned and the safeguards in place to protect individuals’ rights is essential for ensuring that mental health care is compassionate, just, and effective. By recognizing the importance of mental health support and the rights of individuals, we can foster a more informed and supportive approach to managing mental health crises.
Related topics:
What to Do If You Have Severe Depression
What Should I Do If I Think I Am Bipolar?
What to Do If You’re Struggling with Mental Illness
