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Section 37(41) – Admission to hospital by a hospital order with restrictions

This leaflet provides information for people who have been admitted to hospital by a hospital order with restrictions under section 37 and 41 of the Mental Health Act. It explains what a restriction order is, what your rights to appeal are and what help you can receive from an independent mental health advocate.

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Section 37(41) English (207kB)

  • Patients name, Clinician, ward, date of order

    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 of your hospital order .........................................................................................................................

  • Why am I in hospital?

    You are being kept in this hospital on the order of the Court. The Court has said you can be kept here under section 37 of the Mental Health Act 1983.

    This is called a “hospital order”. It means that two doctors have told the Court that they think you have a mental disorder and that you need to be in hospital.

    For public safety reasons, the Court has also given you a restriction order under section 41 of the Mental Health Act.

  • What is a restriction order?

    A restriction order means that you cannot be discharged from hospital unless the Secretary of State for Justice or a Tribunal says you can leave, and your discharge may be subject to certain conditions that would be explained to you nearer the time. While you are in hospital, the person in charge of your care (your responsible clinician) must get the Secretary of State’s agreement before you can go on temporary leave or be sent to another hospital. They must also examine you and send a report about you to the Secretary of State at least once a year.

  • How long will I be here?

    Your responsible clinician will tell you when they think you are well enough to leave. They will then ask the Secretary of State for Justice to agree. Until the Secretary of State has agreed, you cannot leave the hospital. If you try to go before then, the staff can stop you, and if you leave, you can be brought back.

  • What treatment will I be given?

    Your responsible clinician and other hospital staff will talk to you about any treatment that you need for your mental disorder. In most cases you will have to accept their advice.

    After three months, there are special rules about any medicine or drugs you are being given for your mental disorder. If you do not want the medicine or drugs, or are too ill to say whether you want them, a doctor who is not from this hospital will visit you. This independent doctor will talk to you and to staff at the hospital who know you. The independent doctor will decide what medicine and drugs you can be given. Unless it is an emergency, these are the only medicine and drugs you can be given without your agreement.

    This independent doctor is called a SOAD (Second Opinion Appointed Doctor) and is appointed by an independent Commission which monitors how the Mental Health Act is used.

    There are different rules for some special treatments, like electro-convulsive therapy (ECT). If the staff think you need one of these special treatments, the rules will be explained to you and you will be given another leaflet.

  • Can I appeal?

    Yes. You can ask the Court to look at your case again. If you want to do this you must do it quickly and it is best to ask a solicitor to help you. Ask the hospital staff about this and they will give you another leaflet.

    After your hospital order has been in place for six months, you can also ask a Tribunal to say that you should not be kept in hospital.

  • What is a Tribunal and what happens?

    The Tribunal is an independent panel which can decide whether you should be allowed to leave the hospital. It will hold a meeting with you and with staff from the hospital who know you. This meeting is called a “hearing”. You can ask someone else to come to the hearing to help you, if you want. Before the hearing, the members of the Tribunal will read reports from the hospital about you and your care. One of the members of the Tribunal will also come to talk to you.

  • When can I apply to the Tribunal?

    After your hospital order has been in place for six months, you can apply to the Tribunal once during the next six months. You may then apply once during each year that you are kept in hospital after that.

    If you want to apply to the Tribunal you can write to:
    The Tribunals Service
    PO BOX 8793
    5th Floor
    Leicester
    LE1 8BN

    Tel. 0300 123 2201

    You can ask a solicitor to write to the Tribunal for you and help you at the hearing. The hospital and the Law Society have a list of solicitors who specialise in this. You will not have to pay for help from a solicitor with this. It is free of charge under the Legal Aid scheme.

  • 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. They can also help you with the Tribunal.

    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.

  • 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, 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/195/0221 February V9
    www.cntw.nhs.uk Tel: 0191 246 7288
    Review date 2024