Coronavirus (COVID-19)

Please continue to wear your face mask while you are in our hospitals and community services.

For health information and advice, read our pages on coronavirus. Learn about the government response to coronavirus on GOV.UK

Section 35 – Remand to hospital for assessment

This leaflet provides information for people who have been remanded to hospital for assessment under section 35 of the Mental health Act. It includes information about why you are in hospital, how long you could be there, what will happen whilst you are there, what happens next and what your rights to appeal are. There is also information about what help you can receive from an independent mental health advocate.

This leaflet may not be reproduced in whole or in part, without the permission of Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust

  • Patient's name and ward

    1. Patient’s name

    ..................................................................................................................................................................

    2. Name of the person in charge of your care (your “responsible clinician”)

    .................................................................................................................................................................

    3. Name of hospital and ward

    ..................................................................................................................................................................

    4. Date you were remanded

    ..................................................................................................................................................................

  • Why am I in hospital?

    You are being kept in this hospital because you have been remanded here by the Court. The Court has said you can be kept here under section 35 of the Mental Health Act 1983.

    This means that the Court, on the advice of a doctor, thinks that you could have a mental disorder and that you should be in hospital so that a report can be made on your mental health.

  • How long will I be here?

    You can be kept here for the period specified by the Court. This will be up to 28 days (four weeks) at first, from the date on which you were remanded.

    You must not leave the hospital during this time unless the Court decides that you may. If you try to leave the staff can stop you, and if you do leave you can be brought back. You might also be arrested by a police officer and taken back to the Court.

  • What will happen while I’m here?

    The hospital staff will tell you about any treatment they think you need. You have the right to refuse treatment you do not want. Only in special circumstances, which would be explained to you, can you be given treatment you do not agree to.

  • What happens next?

    At the end of the 28 days (or the period specified by the Court) the person in charge of making a report on your mental health will tell the Court whether or not you need to be kept in hospital for a longer period.

    You can only be kept here for longer than 28 days if the Court says so. The Court can renew your remand, but for no more than 28 days at a time and not for more than 12 weeks in total. It can renew your remand without you being in court so long as you are represented by a lawyer to speak on your behalf.

    The Court can decide, at any time, that you should not be kept here any longer.

  • Can I appeal?

    You can ask the Court to remand you to prison or on bail instead. To help you, you can ask another doctor or approved clinician to examine you, to see if they will write a report saying that you do not need to be kept in hospital. (An approved clinician is a professional with special training in looking after people kept in hospital under the Mental Health Act.) You will have to pay for this yourself, and it will be for the Court to decide whether or not you must stay in hospital when it has considered all the reports on your case.

  • Help from an independent mental health advocate

    You are entitled to help from an independent mental health advocate if you want it. These advocates are independent of people involved in your care. They can help you get information about your care and treatment, why you are being kept in hospital, what it means and what your rights are. They can come to see you and help you understand what you are told by people involved in your care and treatment. If you want, they can help you talk to these people or they can talk to them for you.

    You can contact the independent mental health advocacy service yourself. Please ask a member of staff for the telephone number. There should be a telephone where you can talk to them in private. You can ask a member of staff where this is.

    If you do not want to contact the advocacy service yourself, you can ask a member of staff to contact the advocacy service for you.

  • Your letters

    All letters sent to you while you are in hospital will be given to you. You can send letters to anyone except someone who has said they do not want to get letters from you. Letters to these people can be stopped by the hospital staff.

  • Code of Practice

    There is a Code of Practice that gives advice to the staff in the hospital about the Mental Health Act and treating people for mental disorder. The staff have to consider what the Code says when they take decisions about your care. You can ask to see a copy of the Code, if you want.

  • What if I have a comment, suggestion, compliment or complaint about the service?

    If you want to make a comment, suggestion, compliment or complaint you can:
    • talk to the people directly involved in your care
    • ask a member of staff for a feedback form, or complete a form on the Trust website www.cntw.nhs.uk (click on the ‘Contact Us’ tab)
    • telephone the Complaints Department 0191 245 6672
    • email complaints@cntw.nhs.uk Please note that information sent to the Trust via email is sent at your own risk
    • We are always looking at ways to improve services. Your feedback allows us to monitor the quality of our services and act upon issues that you bring to our attention.
    You can provide feedback in the following ways:
    - the quickest way for you to do this is to complete our short online survey at
    www.cntw.nhs.uk/poy
    - complete a Points of You survey, available from staff.

    If you do not feel that the hospital complaints procedure can help you, you can complain to an independent Commission. This is called the Care Quality Commission and it monitors how the Mental Health Act is used, to make sure it is used correctly and that patients are cared for properly while they are in hospital. The hospital staff can give you a leaflet explaining how to contact the Commission.

  • Further help and information

    If there is anything you do not understand about your care and treatment, a member of staff will try to help you. Please ask a member of staff to explain if there is anything in this leaflet you do not understand or if you have other questions that this leaflet has not answered.

    Please ask if you would like another copy of this leaflet for someone else.

  • Information about content, other formats and version control

    Further information about the content, reference sources or production of this leaflet can be obtained from the Patient Information Centre. If you would like to tell us what you think about this leaflet please get in touch.

    This information can be made available in a range of formats on request (eg Braille, audio, larger print, easy read, BSL or other languages). Please contact the Patient Information Centre Tel: 0191 246 7288

    Published by the Patient Information Centre
    2021 Copyright, Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust
    Ref, PIC/199/0221 February 2021 V9
    www.cntw.nhs.uk Tel: 0191 246 7288
    Review date 2024