In the UK, there are laws in place that protect and support access to mental health support. Specifically, there is the Mental Health Act, a legal framework that ensures those who require urgent care get the treatment they need and sets clear rules for when and how particular measures can be taken.
At ABBI Clinic, our focus is on providing personalised, research-based eating disorder treatment and support that helps you understand and overcome your eating disorder. It’s worth noting that ABBI Clinic is not able to treat patients who are detained under the Mental Health Act. Legislation isn’t our area of specialism, but we know many of our patients value understanding the government frameworks that can affect their care. With that in mind, this blog helps to explain Section 3 of the Mental Health Act.
Covering the Basics: What is Section 3 of the Mental Health Act?
Section 3 of the Mental Health Act outlines that a person can be admitted to hospital to be treated for a mental health disorder if the nature of their condition requires it. Specifically, it applies when treatment is necessary for an individual’s health, their safety, or the protection of others.
When Can You be Detained Under Section 3?
Section 3 can be used when a person is already known to psychiatric services or if it has been deemed necessary following an initial assessment under Section 2.
How Long Can You be Detained Under Section 3?
A person can be detained under Section 3 for up to six months. This can be renewed by a doctor for a further six months and then for a year at a time.
Knowing Your Rights Under Section 3
Outlined in Section 3 of the Mental Health Act are rights that ensure the admission to hospital is fair for everyone. These include rights to the following.
#1 Information
When a person is being detained, they and their nearest relative will have the right to ask for information regarding the detention and discharge. They will also be given information about how to contact an independent mental health advocate who must provide support in helping them understand their rights under Section 3.
#2 An Independent Mental Health Advocate (IMHA)
A person and their nearest relative can meet with an independent mental health advocate to speak in private about the detention. The IMHA must provide them with support for how to express their views and wishes to health professionals.
#3 Appeal Your Section
IMHAs must provide information about how a person can appeal their detention.
Section 2 vs Section 3: What Are the Differences?
There are several key differences between Section 3 and Section 2 of the Mental Health Act, specifically regarding detention:
| Section | Duration | Purpose. | Can Be Used By | Extendable? |
| 2 | Up to 28 days | To allow for the diagnosis of a mental health condition | Approved mental health professionals | No. After 28 days, the person must be discharged or escalated to Section 3. |
| 3 | Up to 6 months | To allow for the treatment of a mental health condition | Yes. A further 6-month detention can be implemented, followed by yearly extensions if necessary. |
FAQs: Section 3
What happens when the section ends?
After six months have passed, a person can either have their section extended or be discharged. Discharge can also occur at any time by their doctor, the Mental Health Tribunal, or mental health act managers.
What is the Mental Health Tribunal?
The Mental Health Tribunal is a panel which reviews discharge applications. Made up of a judge, a medical member (psychiatrist), and a lay member (with relevant experience), the panel reviews a person’s mental health, their recovery, up-to-date reports, and the opinion of their doctor before making a decision.
Where can you access help and advice?
Anyone can seek help and advice from their independent mental health advocate, an approved mental health professional (AMHP) who can provide help and assistance, or online. The NHS and Mind are two of the best resources for further information regarding Section 3.
Access Eating Disorder Treatment at ABBI Clinic
If you suspect that you or a loved one might be demonstrating the behaviours and signs of an eating disorder and are not currently detained under the Mental Health Act, we are here to help you seek the support you need. Taking that first step can feel daunting, and we want to make it as straightforward as possible.
If you are currently under the Mental Health Act, your existing care team or GP will be best placed to guide you on next steps, or you can contact NHS 111 for further advice.
Fill in the form below, or call us, and we’ll guide you through the next steps.
