Independent · no commission from any care provider · fees published
Professionals
Someone has been sectioned. What happens now, and why the section number matters for years.
A detention under the Mental Health Act is frightening for the family and, for most, the first contact with a system that runs on section numbers. One of them – section 3, and several others – carries a right to free aftercare for as long as it is needed. Families are rarely told. This page is what to ask, what to write down, and what it means for paying for care later.
What to ask the ward, and what to keep
- Which section, from what date, and who is the responsible clinician
- Who is recorded as nearest relative, and whether an IMHA (independent mental health advocate) has been offered – it is a right
- The care coordinator’s name and the date of the first ward round or CPA meeting
- Every letter: the detention paperwork, the rights leaflet, the discharge and aftercare plan when it comes
- Whether the person has been told about tribunals and the deadlines for applying
Section 2 or section 3?
Section 2 is assessment, up to 28 days. Section 3 is treatment, up to six months, renewable – and anyone who has been on section 3 (or 37, 45A, 47 or 48) is entitled to free aftercare under section 117 for as long as they need it, from the NHS and the council jointly. That includes a care home placement if it is to meet the mental health need. Many are wrongly invoiced for years.
What we do once the section ends
Records review and a written statement of whether the person is entitled to free aftercare – and the letter to send.
Where fees have been charged that should not have been: the letter to the ICB and council, attendance at the review, recovery of what was paid.
A nurse beside you at the CPA, discharge and section 117 review meetings. Two-hour minimum.
Questions families ask
Can we visit? Can we ring?
Yes, subject to ward routines. Ask for the visiting times and the ward phone number on day one, and ask to speak to the named nurse.
Can the nearest relative get them out?
For section 2 and 3 the nearest relative can give notice to discharge; the responsible clinician can bar it. A solicitor from the Law Society’s mental health panel is free to the patient under legal aid for tribunals – ask the ward for the list.
Does aftercare mean the care home is free?
If the placement is to meet a need arising from the mental disorder, yes – it is section 117 aftercare and cannot be charged for. The dispute is usually about whether the need is “mental health” or “physical”. That argument is what we do.
Write down the section number. Then ring us.
Free 20-minute call; a nurse who knows the ward.
No pressure. No care-provider commissions. A written next-step note after every free call.