Guardianship Order

Detention Under Guardianship is a section of the 1983 Mental Health Act that is only applied to a small number of people. It gives a guardian the following powers:

• Requiring a person subject to detention to reside at a certain residence 
• Requiring an individual subject to detention to attend a certain facility for medical treatment, occupation, education or training
• Requiring the person subject to detention to make themselves available to be seen by a doctor or other mental health professional

Detention Under Guardianship can only be applied if a doctor diagnoses that you are suffering from a mental health disorder. The doctor must specify why it’s in your best interests, or how your detention protects the welfare of others, to justify your Detention Under Guardianship.

Detention Under Guardianship initially lasts for six months. However, should health professionals decide that you should be in detention for longer than the initial six months, it can be renewed for an additional six months. Thereafter, it can be renewed every 12 months.

The doctor responsible for your care can discharge you at any time if you no longer need to be in Detention Under Guardianship. 

Your nearest relative can request your discharge. Once your nearest relative makes such a request, your doctor has 72 hours in which to agree or disagree. Your nearest relative can only ask for your discharge once during a six-month period.

A Tribunal can discharge you – either immediately or on a set date. A Tribunal involves a more in-depth review of your case, which is carried out by a three-person, independent panel that includes a lawyer, a psychiatrist and a public representative. 

A Tribunal can:

• discharge you (immediately or delayed for a period of time)
• adjourn for further information
• make binding recommendations

If the six months lapses and Detention Under Guardianship is not renewed, it expires and you will be discharged.

No. There is no power under a Guardianship Order that requires you to remain at a place of residence. However, if a mental health professional thinks that it is not in your best interests, or that the safety of others might be at risk, they can order that you are returned to the place of residence – by the police if necessary.

If you are detained under a Guardianship Order, you cannot be forced to take medication against your wishes. However, if you are required to attend a certain facility for medical treatment, you can be taken there. 

While you still can’t be forced to take medication, this may result in you being taken into hospital under a different section of the Mental Health Act for treatment.