What are my freedoms and rights?
Being ‘sectioned’ means you must go into hospital for urgent mental health treatment. This happens when mental health professionals (like doctors) decide it’s the safest option for you. According to the law, you have to go into hospital - even if you don’t agree. This is also known as being ‘detained’.
You’ll only be sectioned if doctors think you’re very unwell and you might harm yourself or others. The Mental Health Act 1983 is the law that allows this and explains your rights as a patient.
Tip: Speak to an Independent Mental Health Advocate to understand your rights. While you are in hospital, ask a nurse or look for a poster on your ward for more information.
Yes, you can if you and your doctor agree that hospital care is best. You can go to hospital as an ‘informal patient’ (sometimes called ‘voluntary patient’) . You’ll take part in your treatment plan, but you can refuse treatment and leave the hospital when you want.
But mental health professionals can decide that you’re too unwell to leave hospital. They can consider sectioning you to keep you safe.
Tip: No one can threaten to section you to force you to stay in hospital if you are an informal patient. This is according to the Mental Health Act Code of Practice.
You can’t usually challenge health professionals' decision while you are being sectioned. They’ll only section you if it’s absolutely necessary. Once you’re in hospital, here’s how you can get discharged:
- ask your hospital managers to consider discharging you
- ask your responsible clinician to discharge you
- ask your nearest relative to discharge you
- apply to the Mental Health Tribunal to be discharged
A Mental Health Tribunal is a special type of court that review mental health cases. They’ll read reports from your care team, listen to your views, and decide if you can leave the hospital.
Tip: If you don’t think you should be in hospital, talk to your care team or the hospital manager. You can ask an Independent Mental Health Advocate for advice - look out for posters on your ward or ask a nurse for help.
You’ll stay in hospital for as long as it takes for you to get well enough to go home. How long this takes depends on your situation and the type of section you’re under.
The two most common sections are:
- Section 2: you can be detained for up to 28 days
- Section 3: you can be detained for up to six months, with extensions if needed.
Some people stay just a few days, while others may need longer care.
Each hospital has rules to keep everyone safe and well. If you struggle to follow them, staff will talk to you to understand why and help find a solution.
But if your behaviour puts your safety or the safety of others at risk, they might move you to another unit.
Every unit has a confidentiality policy. It explains what information about you is private, and when it might be shared. Staff may log things that you say to help them support you. What they share will depend on your age, needs, and risk level.
Before sharing your information, you have the right to know what will be shared and with whom. Your views should be taken into account.
Units must also follow data protection laws. Your information should be kept secure if it’s stored online.
Having been to a Mental Health Tribunal, some advice I would give on how to prepare is to make sure you genuinely feel like you have a solid case behind you, and that you and those around you genuinely feel that it’s the right decision.
What about my things, my friends and my family?
Each unit has rules on what you’re allowed to bring. You can’t bring anything that you could harm yourself with. Or that someone else on your ward could harm themselves with.
Check your hospital ward’s rules on phones and devices – some don’t allow them. Let staff know about any electronics you’re bringing as they might need a safety check.
Alcohol is not allowed in hospital. Some higher security wards have restrictions on:
- alcoholic mouthwash
- aerosols
- glass containers
- perfume
- aftershave
- dental floss
- nail varnish remover
Think carefully before bringing any valuables or anything you’d hate to get broken or lost.
Here are some things you could take, or ask someone to bring you:
- comfy clothes
- pyjamas
- toiletries
- socks and underwear
- notebook or journal (not wirebound)
- colouring book
- playing cards
- wireless headphones
- sports clothes in case there are any opportunities for you to get active
- sleep mask
- ear plugs
- puzzle book
- your favourite cuddly toy
- flip-flops
- slippers
- photos
- blanket and pillow
- textbooks for school
Tip: If you go into hospital in an emergency and don’t take all the things you need, don’t worry. You can ask someone to bring things for you.
You can have visitors, usually during set visiting times. They might be able to take you out during these times if the hospital thinks it’s okay.
Remember, you won’t be alone - other young people struggling with their mental health will be in the unit too. While it can be tough, you are likely to make new friends and join group activities.
Most units have a timetable of activities and staff will go over this with you. They’ll also talk through your personal treatment plan. It might include individual and group therapy.
How much internet and TV access you have will depend on your unit. Some limit it to encourage rest and help you focus on recovery. If you’re in a unit where mobiles aren’t allowed, there are usually alternative phones you can use. Your unit will have rules about phone use and will tell you when and what’s allowed.
Your doctor can approve time away from your unit. This could be from a few hours to a few days, depending on your progress and if some time away would do you good. If you’re under a section, your doctor must give permission in writing. This is often called ‘section 17 leave’. There may be conditions to your leave, like staff or family being with you, or only visiting specific places.
I never thought I would gain friends from being in a hospital. I still talk to them a few years on, and because we lived with each other at our worst, it’s become a very strong relationship of sharing problems and understanding each other.
What care and support will I get?
Your care will involve lots of people. Doctors, mental health professionals, specialists, and nurses looking after your day-to-day needs. Take a look at our glossary to learn who’s who.
Your treatment is tailored to you and your needs. It could include things like:
- cognitive behavioural therapy (CBT)
- group or family therapy
- medication
- occupational therapy
- creative activities like art or drama
Staff will try to involve you in decisions about your care. They’ll keep you updated on your treatment plan at every stage.
Your opinion matters. Your care team should listen to you when discussing and deciding on your treatment. Even if they don’t always agree, they should consider your views. They’ll review your care plan regularly to see if it needs changes.
Tip: Only you know how you feel, so don’t hesitate to speak up about what does and doesn’t work for you. It’s okay to keep asking questions. This will keep you informed, clear and calm about your treatment and decisions made.
Speaking up isn’t always easy, but these tips can help:
- Write down what people say about your treatment.
- Plan what you’re going to say by jotting down notes or bullet points.
- If possible, bring someone with you for moral support.
- Talk to someone you trust and ask them to speak up for you.
- You can request support from an independent advocate. They can explain your rights and help you express your views.
For more help, check out our guide to starting difficult conversations.
If you’re already receiving treatment, a professional you know might stay involved in your treatment. But your hospital team will likely be new – especially if you’re in a hospital away from home. This can feel daunting, but they’re there to help and will have information from your previous team. When it’s time to leave hospital, your outpatient team will likely help plan your support after discharge.
While in hospital, you’ll get education support based on the national curriculum. Hospital staff will work with your school to meet your needs and help you stay on track. If you’re well enough, you can sit exams. Colleges will let you take a year out if you need.
When you leave hospital, you’ll get support to return to education if you want to do.
Inpatient care may seem daunting, but it’s an important step in getting back the more manageable life you deserve. It will be tough, but you’ll have lots of support from both specialists and peers to help you along the way. You can do this!
What happens when you leave hospital?
‘Discharged’ means leaving hospital when doctors think you are well enough. This can bring up mixed feelings for you and your family, and it’s normal to worry about coping at home. But the hospital will put support in place for you.
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Discharge Care Programme Approach (CPA)
A CPA meeting will plan how your community will care for you. They’ll assign you a keyworker (from CAMHS, AMHS or another mental health service) as your main contact. You’ll also get a main contact for any other services involved, like a social worker, or Early intervention Support worker. Your family should know who to reach out to in a crisis.
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Appointments with your mental health team
You should get dates for your first appointments with the mental health team you are discharged to. This is so you know what support you’ll have continuing your recovery after discharge.
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Planning your support outside of hospital
Shortly before discharge, you can have a joint meeting with your family and your keyworker. You’ll discuss what helped at hospital and how to support you at home.
There are helplines and other services for extra support alongside community services.
Complaints and how to make them
If NHS staff have treated you unfairly, whether that's in CAMHS, in an inpatient ward or in your GP surgery, you can make a complaint. To make a complaint about treatment in the NHS, follow these steps:
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1. Write your complaint
You can complain by post, email, or phone. You can also use a BSL interpreter if needed. Make sure to include your name, contact info, and details about the service you’re complaining about.
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2. Send your complaint
Send your complaint to the NHS or to your local CAMHS.
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3. Wait for a response
The NHS should reply within three working days and keep you updated during their investigation. You’ll receive a written response once the investigation is complete.
If you're not happy with the results of your complaint, you can contact the Parliamentary and Health Service Ombudsman. You can also write to your MP who can complain on your behalf. If none of this works, you could speak to a solicitor about your options for taking legal action.
Advocates are trained to support you to make a complaint, without being involved in your treatment. They can:
- listen to your concerns and help you understand your rights
- help you make decisions about your care or can act in your best interest if you’re struggling
Organisations can help you make a complaint about health services via the Citizens Advice Bureau.
If you’re complaining about the NHS, you’re entitled to an independent advocate. To find out about complaints advocacy in your area:
- Contact your council (use gov.uk to find them) for advocacy support in your area
- If you’re in hospital for mental health, you might qualify for an independent mental health advocate (IMHA). They are trained to listen and advise you. Ask the hospital staff for more details.
Advocates also work privately and through charities, so there’s help even if you don’t qualify for an IMHA.
Real stories and tips from young people on inpatient care
Get help now
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Samaritans
Whatever you're going through, you can contact the Samaritans for support. N.B. This is a listening service and does not offer advice or intervention.
- Opening times:
- 24/7
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Childline
If you’re under 19 you can confidentially call, chat online or email about any problem big or small.
Sign up for a free Childline locker (real name or email address not needed) to use their free 1-2-1 counsellor chat and email support service.
Can provide a BSL interpreter if you are deaf or hearing-impaired.
Hosts online message boards where you can share your experiences, have fun and get support from other young people in similar situations.
- Opening times:
- 24/7
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Citizens Advice
Provides information and advice on issues such as discrimination because of race and/or religion, benefits, work, universal credit, debt, housing and immigration.
Webchat service available.
- Opening times:
- 9am - 5pm, Monday - Friday
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With thanks to Ellern Mede and the Coborn Centre for Adolescent Mental Health.
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