What To Do If You Are Sectioned Under S.136 or S.2 of the Mental Health Act?
If you or a loved one has been detained under Section 136 or Section 2 of the Mental Health Act in Cardiff, Newport, Monmouth, Brecon, or anywhere in South Wales, it is essential to understand your rights and the steps you should take. Clodes Mental Health Specialist Solicitors, with over 30 years of experience, are here to help. Our contact details are displayed in mental health wards across all hospitals in Wales, and our team includes Law Society Mental Health Panel solicitors.
If you or a loved one has been detained under Section 136 or Section 2 of the Mental Health Act in Cardiff, Newport, Monmouth, Brecon, or anywhere in South Wales, it is essential to understand your rights and the steps you should take. Clodes Mental Health Specialist Solicitors, with over 30 years of experience, are here to help. Our contact details are displayed in mental health wards across all hospitals in Wales, and our team includes Law Society Mental Health Panel solicitors.
What Does It Mean to Be Sectioned?
Section 136 – Detention by Police in a Public Place
Where Section 136 Applies:
Section 136 of the Mental Health Act 1983 allows a police officer to remove a person from a public place to a place of safety (such as a hospital or a designated facility) if the officer believes the person appears to be suffering from a mental disorder and is in immediate need of care or control.
Section 136 Cannot Be Used at Home:
Section 136 cannot be used if you are in your own home, someone else’s home, or any other private premises. It only applies if you are in a public place, such as a street, park, or public building.
What Is Required for Section 136:
- The police officer must have reasonable cause to believe you are suffering from a mental disorder and need immediate care or control.
- The officer must act in the interests of your safety or the protection of others.
- You will be taken to a place of safety, where you can be assessed by a mental health professional and a doctor.
Section 2 – Hospital Detention for Assessment
Section 2 allows for a person to be detained in hospital for up to 28 days for assessment (and possibly treatment) of a mental disorder.
An application for detention under Section 2 must be made by an Approved Mental Health Professional (AMHP) or the nearest relative, and must be supported by two medical recommendations.
Your Rights
Right to Information
- You must be informed of the reasons for your detention and your rights under the Mental Health Act, both verbally and in writing.
Right to Legal Representation
- You are entitled to free legal advice and representation. Clodes Mental Health Specialist Solicitors can represent you at Mental Health Review Tribunals (Wales) and Hospital Manager’s Hearings.
Right to Appeal
- If detained under Section 2, you have the right to apply to the Mental Health Tribunal for Wales to challenge your detention.
- You may also request a Hospital Manager’s Hearing.
Right to Have Someone Informed
- You can ask for a relative or friend to be informed of your detention.
Right to Independent Mental Health Advocacy (IMHA)
- You are entitled to support from an IMHA, who can help you understand your rights and express your views.
Right to Privacy and Dignity
- You should be treated with respect and your privacy maintained as far as possible.
What To Do If You Are Sectioned
Stay Calm and Ask Questions
- Request clear explanations from staff about why you have been detained and what will happen next.
Contact a Specialist Solicitor
- Call Clodes Mental Health Specialist Solicitors on 02920 76 50 50. Our contact details are available in all mental health wards in Wales.
- We can provide immediate advice and begin representing you.
Request a Copy of Your Rights
- Ensure you receive written information about your rights and the section you are detained under.
Ask for an IMHA
- Request to speak with an Independent Mental Health Advocate for additional support.
Inform Your Nearest Relative
- You have the right to have your nearest relative informed. They may also have rights to apply for your discharge.
How Clodes Can Help
- Representation at Tribunals and Hearings: We represent patients at Mental Health Review Tribunals (Wales) and Hospital Manager’s Hearings.
- Advice on All Types of Detention: Including civil and criminal sections, and for those conditionally discharged.
- Support for Relatives: We advise nearest relatives on their rights and options.
- Attendance at CPA Meetings: We can attend Care Programme Approach meetings to support your care planning.
- Appeals and Reviews: We advise on appealing or reviewing decisions made by the Tribunal.
Legal Aid and Costs
Anyone detained under the Mental Health Act is entitled to free Legal Aid for representation by a mental health solicitor. Relatives may also be eligible for assistance. Do not let concerns about costs prevent you from seeking help.
Clodes Mental Health Specialist Solicitors
Serving Cardiff, Newport, Monmouth, Brecon, and all of South Wales
Telephone: 02920 76 50 50
Our contact details are displayed in all mental health wards in Wales.
Summary
If you are sectioned under Section 136 or Section 2 in South Wales, you have important legal rights and access to free specialist legal support. Remember, Section 136 can only be used in public places and not in private homes. Contact Clodes Mental Health Specialist Solicitors immediately for expert advice and representation.
Disclaimer
This page is for informational purposes only and does not constitute legal advice. For specific advice regarding your situation, please contact Clodes Mental Health Specialist Solicitors directly.
For more information on your rights if detained under Section 2 or Section 3 of the Mental Health Act, see our Guide to Rights Under Section 2 and Section 3