The Mental Health Act sets out how a person can be
'detained' - that is admitted and treated in hospital against their
wishes. Patients are detained using different 'sections' of the
Act. Detailed below are details of the most frequently used
'sections' including a brief description of their
purpose.
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Main sections
Section 2
This section lasts for up to 28 days. Two doctors and an approved
mental health professional decide when a person is put on
Section 2. While on a Section 2 a senior doctor known as a
responsible clinician will be in charge of their care and
treatment.
Section 3
This lasts for up to six months. Two doctors and an approved
mental health professional decide when a person is put on
Section 3. While on Section 3, a senior doctor called a responsible
clinician will be in charge of their care and treatment. The main
purpose of Section 3 is to treat the person for their mental
health problem.
If a person is under Section 3 and is ready to leave
hospital, they have a right to receive aftercare (known as Section
117). This is to help with their mental health needs as
they return to the community and is free of charge.
If under Section 3, a person's responsible clinician may
talk to them about leaving hospital under supervised community
treatment. Sometimes this is called a Community Treatment Order
(CTO). Leaving hospital under a CTO means that the person must
continue to have treatment in the community. While on a CTO, the
person might be brought back to hospital if their care team are
concerned about them.
Section 4
If a person came to hospital under Section 4, it means the
approved mental health professional assessing them was very
concerned about the individual and needed to act quickly.
Section 4 means only one doctor saw the person. Section 4
only lasts for up to 72 hours and is usually followed by Section 2
or Section 3.
Section 5(2)
If a person came to hospital without being on a Section, they
would be an 'informal' or 'voluntary' patient. If they wanted to
leave and this was not considered appropriate, the decision would
be made to assess them under Section 2 or Section 3.
It takes time to carry out an assessment and sometimes a person
is placed under Section 5(2) to stop them from leaving. Section
5(2) is done by one doctor and only lasts up to 72 hours. It is
sometimes called a 'holding power'. During the 72 hours the person
would be assessed for Section 2 or 3.
Section 5(4)
If a doctor was not available to use Section 5(2) (see above) a
nurse may have stopped a person leaving by placing them under
Section 5(4). This section only lasts up to six hours and ends when
a doctor comes to see them.
Section 136
A small number of people are brought to hospital under Section
136. This is a power which a police officer can use if a
person was in a public place because the police officer was
concerned about them.