Sometimes when you become ill you need care and treatment very quickly. Emergency and short-term powers make sure you get the help you need. The new law says when:
You should remember that the police may use these special powers to help you when you are ill. This does not mean that you have done anything wrong. They are using the powers to help you.
There are other powers in the new law which are used if someone is involved with the police or courts because they have done something wrong.
Who can help in an emergency?
If you or someone you know is ill and needs care and treatment urgently you may ask:
You might have other support in your area. Your social work service should tell you who can help.
If you think someone is in danger or a danger to others you should phone 999.
How do the police use these emergency powers?
If you are in a public place and a police officer thinks:
The police officer can take you to a safe place. A safe place could be a hospital or a care home. Sometimes it may be the police station.
Remember that the police will take you to a safe place to help you. It does not mean you have done anything wrong.
The police must tell all of these people:
The police get a doctor to examine you. The doctor may decide:
Morag is in the shopping centre. Some people are worried that she is ill and needs help. They call the police who take Morag to the local hospital. They get a doctor to examine her. The doctor decides she needs to stay in hospital for treatment. Morag agrees to have treatment.
How would the local authority use these powers?
Your local authority must find out what you need if you have a mental disorder. If they think:
Your mental health officer can ask the court for help to find out about your needs. He/she can ask the court for permission.
The doctor should take time to discuss your treatment with you. You have the right to ask questions about your treatment.
Your doctor may decide:
Mental health officer: a specially trained social worker who helps people who have a mental disorder. He/she should tell you about your rights and make sure you get the care you need.
How would a nurse use these powers?
If you are in hospital for treatment and you decide to leave the nurse may not agree. He/she can keep you in hospital for up to 2 hours so that a doctor can see you.
If your nurse believes:
Morag is in hospital having voluntary treatment. She wants to leave hospital but the nurse thinks she might not be safe if she left. The nurse uses the special powers to keep Morag in hospital for 2 hours. She asks the doctor to examine Morag.
If the nurse uses this power he/she must:
The doctor may decide:
The doctor examines Morag and decides she needs more time to decide what is best. She gives her an emergency detention certificate. In the next 3 days she talks to Morag and her carer about her care and treatment.
What is an emergency detention certificate?
The doctor uses this if he/she believes:
After 3 days the doctor decides Morag needs treatment. Morag does not agree to this. The doctor gives Morag a short-term detention certificate. Morag has to stay in hospital for treatment for 28 days.
Compulsory treatment order: means you have treatment even if you do not want it.
Short-term detention certificate: this means you can be kept in hospital and given compulsory treatment for up to 28 days.
What is a short-term detention certificate?
The doctor uses this if he/she believes:
How long will this last?
This can be for 28 days. The doctor should keep checking how you are.
If you doctor thinks you do not need to be held in hospital:
What happens after 28 days?
If your doctor thinks you need more treatment after the 28 days he/she may ask for a compulsory treatment order. This means you have treatment even if you do not want it. You may need to stay in hospital 3-5 more days if your doctors are preparing a compulsory treatment order.
How do I appeal?
You or your named person can ask the Mental Health Tribunal to stop the certificate. The Tribunal is the organisation that decides about the compulsory treatment of people with mental disorder.You can ask a solicitor for advice and to speak for you at the Tribunal. You may be able to get legal aid to pay the solicitor. The solicitor can help you to get this.