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The Mental Health Act - Some Sections 
The following are brief descriptions of some of the sections described in the Act.
Section 2: Admission for assessment - up to 28 days (not renewable)
Section 2 is used when detention in hospital is considered to be in the interests of your own health or safety or in order to protect other people.
An Approved Mental Health Professional (AMHP), or the 'Nearest Relative' (see Section 26 below), may make the application. Two doctors must confirm that detention is warranted. Treatment may be given and, as with Section 3, in some circumstances your consent may not be needed.
Section 3: Admission for treatment - up to six months (renewable)
This section is most likely to be used when the hospital already knows you and agrees about the treatment they believe you need. An application has to be made by an Approved Mental Health Professional (AMHP) or the Nearest Relative, supported by two doctors. Your consent is not needed, but an application can be made by the AMHP only if your Nearest Relative does not object, or it is considered not 'reasonably practicable' to consult him or her, or s/he is displaced by County Court. At the end of six months the section can be renewed for a further six months, and renewed yearly thereafter.
Section 4: Emergency admission for assessment - up to 72 hours
This section is used where it is considered that it is of 'urgent necessity' for a person to be admitted into hospital, and an assessment under Section 2 would take too long to arrange. An application has to be made by an Approved Mental Health Professional (AMHP) or the Nearest Relative, with one doctor's recommendation. The section allows for further medical recommendation to be made. There is no power to give you treatment against your wishes.
Section 5: Detention of informal patients - up to 72 hours (holding order)
The hospital doctor or other Approved Clinician in charge of an informal/ voluntary patient's treatment can prevent you from leaving hospital by recommending the use of this section to the hospital mangers (this also applies to inpatients receiving physical health care). There is no power to give you treatment against your wishes, and a full mental health assessment should be arranged as soon as possible.
If a doctor or Approved Clinician is not available, a nurse of the prescribed class (a psychiatric or learning disabilities nurse) can detain an informal patient for up to six hours or until the clinician in charge of treatment arrives.
Section 136: Police power to remove to a place of safety - up to 72 hours
Under this section, if it appears to a police officer that a person in a public place is 'suffering from a mental disorder' and is 'in need of immediate care or control', he or she can take that person to a 'place of safety', which is usually a police station or a hospital. There is no power to treat you against your wishes, and an Approved Mental Health Professional and a doctor must carry out an assessment as soon as possible.
Section 135: Court warrant - detention up to 72 hours
An Approved Mental Health Professional (AMHP) can apply to a magistrate for a warrant authorising a police officer, accompanied by an AMHP and a doctor, to gain entry to any premises where you are believed to be and to search for, and remove you to a 'place of safety'. There must be grounds for believing that you are 'suffering from a mental disorder' and you are (a) being ill-treated, neglected or 'not kept under proper control'; or (b) unable to care for yourself and you live alone. A full assessment must take place afterwards.
Section 62: Urgent treatment
Treatment may be given without consent in specific emergencies if any of the following is judged to apply:
  • Treatment is needed to save the person's life.
  • Treatment is needed to prevent serious deterioration in a person's state of mental health.
  • Treatment is needed to alleviate serious suffering or to prevent violent or dangerous behaviour.
Treatment may be given only for as long as it is judged necessary in order to bring the emergency to an end.
Sections 7-10: Guardianship - six months (renewable)
A mental health assessment may result in an application for 'Guardianship' instead of hospital admission. This involves placing a person under the care of either local social services or someone approved by them. You may be required to live in a particular place, attend places for occupation, training or medical treatment (although there is no power to force you to undergo treatment under these sections), and allow access to any doctor, social worker or other person specified by the guardian. Guardianship lasts for six months initially. An application for Guardianship can be made by either your Nearest Relative or an Approved Mental Health Professional (AMHP). The Nearest Relative must agree to the application if he or she is not the person who initiated the application.
Section 17A: Supervised Community Treatment
Introduced in the Mental Health Act 2007, this allows patients to be treated in the community on a Community Treatment Order (CTO) rather than in hospital. It applies only to patients currently detained in hospital on a Section 3 or unrestricted sections of the Act (Sections 37, 47, 48 and 51). It can last up to six months and can be renewed. You are subject to conditions, which if broken mean that you can be recalled to hospital. If the CTO is revoked you can be detained for up to six months on Section 3 or the original unrestricted section of the Act. Note: a CTO does not authorise treatment without consent in the community, but does authorise treatment without consent in hospital following recall.
Section 26: The Nearest Relative
The Mental Health Act gives a number of rights and responsibilities to a person it defines as your "Nearest Relative". The Act specifies who the Nearest Relative is by a particular set of rules. In practice, this means that he or she may not necessarily be the person most closely involved with you, and sometimes, in fact, not the most suitable person. If the nominated person prefers not to act as the Nearest Relative, he or she can nominate any other suitable person to take on the role. If you have concerns, speak to the Approved Mental Health Professional (AMHP) involved or contact an advocacy service.
The 2007 Act enshrines the right of a civil partner to be given equal status to a husband or wife. You are also given the right to apply to County Court for an Order displacing your Nearest Relative.
The rights of the Nearest Relative are as follows:
  • S/he can ask an AMHP to arrange a formal mental health assessment for you, and can ask to be informed in writing if hospital admission is not the outcome.
  • S/he may apply for you to be admitted to hospital based on the recommendations of two doctors (or one in an emergency).
  • S/he has the right to be consulted if you are being assessed under the Mental Health Act and the right to information from an AMHP about his or her role as Nearest Relative, including his or her right to discharge you.
  • S/he can prevent an application for a Treatment Order (Section 3) or Guardianship being made by withholding consent. He or she can discharge you from Guardianship (under Section 7).
  • S/he may request your discharge from hospital under Sections 2 or 3. S/he may be overruled by a psychiatrist, but can then appeal to the Mental Health Review Tribunal.
  • S/he has the right to be given seven days' notice by the hospital when you are about to be discharged, although you can ask the hospital not to inform him or her.
Section 117: Aftercare
Under Section 117 of the Mental Health Act, people who are discharged from a treatment order (Section 3) or a hospital order made by the Courts (Sections 37, 47 or 48) have a legal right to an assessment of needs and a statement about what aftercare arrangements and services will be provided.
Health services and social services have to make sure that your care needs are properly assessed and planned before you leave hospital, and then regularly reviewed with your involvement and agreement. The duty to provide aftercare also applies if you are subject to a Community Treatment Order (CTO).
Criminal Detention Orders - Sections 35, 36, 37, 38, 41, 47, 48 & 49
These sections relate to people being sent for psychiatric assessment and/or treatment via the criminal justice system - from the courts or as prisoners. Details can be found in Mind's booklet 'The Mental Health Act 1983 - An Outline Guide', also available online.
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