What is the Mental Health Act 1983?

Mental Health Awareness Week (12th - 18th May 2025):

Did you know that one in four people in the United Kingdom will experience mental health issues at some point in their lives? For many, the Mental Health Act 1983 (as amended) (MHA 1983) plays a crucial role in ensuring they receive the care they need during the most difficult times.

This Mental Health Awareness Week, we are shedding light on an important piece of legislation that plays a critical role in protecting individuals experiencing mental health difficulties.

Why Was The Mental Health Act 1983 Created?

The MHA 1983 outlines when and how a person can be detained and treated for a mental health disorder, this can sometimes occur without their consent. It seeks to carefully balance safeguarding individuals with respecting their rights. The legislation was brought in to ensure that people with serious mental health conditions get the care and treatment they need, especially if they are at risk of harming themselves or others. It also provides a clear legal framework to protect individuals’ rights, making sure that any restrictions on their freedom are necessary, fair, and subject to regular review.

What Does The Mental Health Act 1983 Allow?

The MHA 1983 allows doctors and approved mental health professionals to detain individuals in hospital for assessment and/or treatment, commonly known as being ‘sectioned.’ It enables assessment and/or the provision of treatment for mental health conditions, sometimes without the person’s consent. It also provides for mental health disposal in criminal proceedings, and for transfer from prison to psychiatric hospitals in certain circumstances. The MHA 1983 also safeguards individuals’ rights, ensuring access to advocacy services and the right to appeal detention through a Mental Health Tribunal. Additionally, the MHA 1983 allows for the use of Community Treatment Orders (CTOs), which enable individuals to live in the community under specific conditions while continuing to receive treatment.

Being 'Sectioned': What Does It Mean?

One of the most well-known aspects of the MHA 1983 is ‘sectioning.’ This is when a person is detained under a specific section of the MHA 1983, most commonly:
Section 2: Allows for detention in a hospital for up to 28 days for assessment. This period is to evaluate whether the person needs further treatment.
Section 3: Provides for detention in a hospital for up to six months for treatment. This can be extended if the person continues to meet the criteria for detention under Section 3 and there is no less restrictive way of treating them.
Section 37: A hospital order without restrictions is made instead of a prison sentence at the sentencing stage of criminal proceedings. The initial detention is for six months, with the possibility of renewal for another six months. After that, it can be renewed annually for up to 12 months at a time.
Section 37/41: This is a hospital order but with restrictions. Such an order can be issued when someone has been convicted of an imprisonable offence. The court may decide that instead of serving a prison sentence, the person should be detained in a hospital for treatment, with certain restrictions. This means that the person is detained for an ‘indefinite’ period of time, but they have the right to appeal against the detention after the first 6 months. Their first right to appeal will be for a period of six months and it then becomes an annual right to appeal. 
Section 47/49: A person is transferred from prison to a psychiatric hospital for treatment during their prison sentence. This transfer comes with specific restrictions on their care and movement.
Section 136: Allows the police to temporarily detain someone who appears to be in urgent need of care, typically if they are found in a public place. This detention is for the person's safety and to ensure they receive the necessary medical attention.
While being sectioned can feel frightening and disempowering, it is used when healthcare professionals believe it is essential for the person's safety and wellbeing.

Safeguards and Rights

Importantly, the MHA 1983 includes several safeguards to protect those who are detained. These safeguards include access to an Independent Mental Health Advocate, the right to appeal to a Mental Health Tribunal, and regular reviews of detention by hospital managers. Additionally, the MHA 1983 provides protections for individuals who lack mental capacity, ensuring their rights are upheld throughout the detention process.

Conclusion

The MHA 1983 remains a vital piece of legislation in ensuring that individuals experiencing serious mental health difficulties receive the care they need while safeguarding their rights and freedoms. Although being detained under the MHA 1983 can be challenging, the built-in safeguards aim to provide protection, advocacy, and regular oversight.

As we mark Mental Health Awareness Week, it is important to continue raising awareness and understanding of how the law supports some of the most vulnerable members of our society.

If you require any advice relating to detention under the Mental Health Act, please do not hesitate to contact Biscoes’ experienced Mental Health team on 02392 660 261.