www.hants.gov.uk/adultsocialcare
Your Mental Health Act assessment
November 2020
The AMHP for your assessment is:
Name of AMHP: ….……………………………………..…….......
Contact number: …………………………………….………….....
The two doctors at your assessment are:
Doctor 1: …………………………………………………………....
Doctor 2: …………………………………………………………….
T
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Hampshire County Council wrote
this guide.
It explains the Mental Health Act
assessment process.
Who arranges your Mental Health Act
assessment?
Your local Approved Mental Health
Professional (AMHP) service will
arrange your assessment.
They are available all day, every
day.
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AMHPs receive special training.
This means they can do Mental
Health Act assessments for the
Council.
AMHP staff are professional social
workers, occupational therapists,
nurses or clinical psychologists.
Why have you been referred?
All efforts to help you with your
mental health have been tried
already.
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This may include:
• a recent appointment with a
psychiatrist
• a visit to your GP
• an outpatient appointment with a
mental health professional
• support from the Acute Mental
Health Services.
If possible, we would prefer you to
remain in the community with a
support plan.
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This is because the assessment
may mean you are kept in hospital.
This will limit your freedom.
If all efforts failed to keep you safe
and well enough to stay in the
community
or
you won’t let staff see you and we
are worried about your health and
safety or the safety of others
or
you have refused to have treatment
to make you better
then we will ask for a Mental Health
Act assessment.
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Who can ask for a Mental Health Act
assessment?
Various professionals can ask for a
an assessment. For example:
• a psychiatrist
• a GP
• a care co-ordinator
or
• a police officer.
A ‘nearest relative’ can also ask for
a referral to be considered.
(Section 13(4) of the Mental Health
Act.)
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If the AMHP does not think you
need an assessment they will let
your nearest relative know why.
The Rethink Mental Illness website
has a fact sheet about this:
www.rethink.org/advice-and-
information/rights-restrictions/
mental-health-laws/nearest-
relative/.
Who will be at your assessment?
As well as AMHP staff we need two
doctors at your assessment.
One doctor will have special
knowledge of mental health and the
Mental Health Act.
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We will try to get a doctor who
knows you but there may be times
when this is not possible.
The AMHP will share information
about you with the doctors before
the assessment.
One of the doctors may be a
specialist for your situation. For
example, a learning disability
psychiatrist.
The Mental Health Act assessment
team should all see you at the same
time.
Sometimes this is not possible.
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One of the doctors may have seen
you in the past five days about your
mental health. If this is the case,
they can write a medical
recommendation to use at the
assessment.
At the assessment you can ask to
see the AMHP alone if you would
like to.
Where will your assessment be and who
can be with you?
Your Mental Health Act assessment
can take place in a variety of
locations.
The police can use section 136(1)
of the Mental Health Act in a police
station.
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We will try to assess you in a
private area to keep your
confidentiality and dignity.
Police may need to be there to keep
you, your family or others safe
during your assessment.
Your assessment may take place in:
• your home
• hospital
• a place of safety suite
• a care home or nursing home
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• a community mental health team
office
• a police station.
Important people
You can ask for a person you know
and trust to be at your assessment.
Or you can ask to speak to the
person you know and trust on the
telephone.
Section 26 of the Mental Health Act
explains who your ‘nearest relative’
is. It is not the same as next of kin.
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We will identify who your nearest
relative is by talking with you and
other people in your life.
This person will help to make sure
you receive the right treatment.
If not, they can question your
treatment if you are admitted to
hospital.
We will ask other people about you
when planning the assessment.
We will contact your nearest
relative in the case of section 3.
This is to find out if they think you
should not be held under the Act.
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You must tell us if you are worried
about your legal nearest relative.
This might be because:
• Your nearest relative has abused
you.
• You are afraid of your nearest
relative. Or you are very upset
that they may be involved in your
care.
• You and your nearest relative do
not know each other.
• Your nearest relative is not well
enough to help.
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A court can change your nearest
relative if they are not suitable. Or if
we cannot identify a nearest
relative.
Embassy or consulate support
If you are from overseas, we can
phone your country’s embassy or
consulate so you can speak to
them.
They may be able to send someone
to see you.
If not, we can ask a language
interpreter to come to your
assessment.
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What the law says
The law says you can be held under
the Mental Health Act if:
1 You have a ‘mental disorder’.
This means people who have:
− mental illness
− dementia
− a personality disorder
− a learning disability.
2 You can be held under section 2
if you need assessment and
treatment for your own health or
safety. Or to protect others.
3 You can be held under section 3
only if:
− you have a mental disorder
that means you should have
medical treatment in hospital
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and
− it is necessary for your health
or safety or for the safety of
others that you should receive
treatment. And we cannot give
this treatment unless you are
held under section 3
and
− the right medical treatment is
available.
When can police take you to a safe
place?
If the police think you have a mental
disorder and need immediate care,
they can take you somewhere safe.
(Section 136(1) of the Mental
Health Act 1983.)
A police officer cannot use section
136 in a place where you live.
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Police officers usually talk to a
health care professional before
placing someone under section
136.
Section 136(1) can last up to 24
hours.
A doctor can extend it for another
12 hours under section 136(b).
Southern Health Foundation Trust
has three place of safety suites.
These are at:
1 Elmleigh – Havant
2 Antelope House – Southampton
3 Parklands – Basingstoke.
If you are under 18 years of age
you will stay at Parklands.
If Parklands is full, then you will
stay at Elmleigh.
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The Orchards place of safety suite
in Portsmouth is managed by Solent
Trust.
Surrey and Borders Partnership
Trust has two place of safety suites
at Farnham Road Hospital,
Guildford, Surrey.
When can we enter your home?
The AMHP arranging your
assessment will ask for your help.
You may refuse to help and we are
worried about your health or safety,
or the safety of others.
If this happens we will apply for a
warrant under section 135(1) of the
Mental Health Act.
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This means the AMHP, doctors and
police officer can enter your home
by force.
We can then take you to a safe
place to continue the assessment.
We will only do this if we have been
unable to get your help.
The assessment may take place in
your home if it is safe to do this.
We will give you a copy of the
warrant signed by the police officer
present.
A section 135(1) warrant lasts up to
24 hours. But it can be extended for
another 12 hours.
Warrant
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What will the AMHP and doctors
consider?
The AMHP and doctors will think
about other ways of providing your
care and treatment.
The AMHP does not have to make
an application even if both doctors
recommend it.
If an application isn’t made, you will
be supported with a care and
treatment plan.
Your care plan may include support
from Mental Health Services.
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What happens after your assessment?
After your assessment :
1. You may be admitted under the
Mental Health Act.
Mental Health Services may offer
you a community support package.
or
2. You may not be admitted under
the Mental Health Act.
Mental Health Services may offer
you a community support package.
or
3. You may be discharged from any
section you are on and become an
informal patient in hospital.
The AMHP and doctors will check if
you are able to understand what
this means.
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They will also check if you are able
to agree to further assessment or
treatment and care.
When we have decided whether to
make an application or not, we will
tell you our decision. We will also
tell you why.
We will tell you which hospital you
will be admitted to, if this is our
decision.
If not, we will discuss a community
support plan with you.
We will also tell your nearest
relative.
?
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We may tell other people so they
can support your treatment and
care plan:
• the doctors involved in your
assessment
• your care co-ordinator
• your GP
• the person you know and trust, if
you ask us to.
What are your rights?
If you are held under the Mental
Health Act, you can appeal.
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You will be told of your rights under
section 132 of the Mental Health
Act.
You can then start the appeal
process.
You can also have an Independent
Mental Health Advocate.
We can arrange this at your
assessment. Or the ward staff can
organise this.
Hospital admission
If admitted to hospital you will have
the right to:
• ask for an advocate
What is an advocate?
An advocate can help you to understand information about
your care and support. They can support you to say what
you want and speak out about the things that matter to you.
They can help you to make decisions.
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• have section 132 information
shared with you by nurses or
doctors
• request an appeal.
Your pets and property
We will arrange for someone to look
after your pets.
Social services will make sure your
home and property are safe.
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Hospital discharge
While you are in hospital the care
team will discuss your assessment
and treatment with you.
They will also talk to you about your
discharge plan.
The Rethink Mental Illness website
has a fact sheet about this:
www.rethink.org/advice-and-
information/rights-restrictions/
mental-health-laws/discharge-from-
detention/.
If held under the Mental Health Act
you may be entitled to section 117
aftercare.
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The NHS and social services need
to provide help and support after
you leave hospital.
You can find out more from our
website:
www.hants.gov.uk/socialcareand
health/adultsocialcare/mental-
health.
Contacts and complaints
Contacts
Approved Mental Health Professional (AMHP) Hub
Tel: 0333 555 1386
Hampshire County Council Out of Hours Service
Tel: 0300 555 1373
Antelope House Tel: 023 8083 5500
Elmleigh Hospital Tel: 023 9268 2820
Farnham Road Hospital Tel: 0300 555 222
The Orchards Tel: 0300 123 6620
Parklands Hospital Tel: 01256 817718
Complaints
Hampshire County Council
Email: [email protected]
Solent NHS Trust
Tel: 0800 013 2319
Southern Health NHS Foundation Trust
Tel: 023 8231 1200
Surrey and Borders Partnership NHS
Foundation Trust
Tel: 01372 216202
Produced by Hampshire County Council Adults’ Health and Care department
November 2020
