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. 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. It also requires that the treatment cannot be given without the order being in place and that appropriate treatment must be available in the setting where it is applied.
In order to assess somebody under Section 3 you require two medical recommendations which state the person needs to be admitted to hospital for treatment for their mental disorder. One of the medical recommendations should be made by a suitably trained and experienced psychiatrist (often the Responsible Clinician) who is approved under section 12 of the Mental Health Act. The other medical recommendation should be provided wherever possible by a doctor who has had a previous acquaintance with the service user, wherever possible the service user’s own GP. If the GP is not available and we then may have to ask an independent section 12 approved doctor’s list.
Section 3 can last up to 6 months. However, usually this period is not required, the service user often improves and is able to accept voluntary treatment or is discharged home with follow up support. As soon as the criteria for detention are no longer met then the section 3 can be rescinded. 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.