Our expert Mental Health Solicitor, Vanessa Saxton, answers all you need to know about Section 2 of the Mental Health Act.

What is Section 2 of the Mental Health Act?

Section 2 Mental Health Act is the legal power that allows a person to be placed in a psychiatric hospital without that person’s consent and against their will.

It allows the hospital authorities to keep a person in hospital for a time up to 28 days from the date of detention. This is imposed to allow the hospital’s medical team to assess your mental health and to provide any treatment if appropriate.

A person would not be allowed to leave the hospital without permission during this time. The authority to detain anyone and remove them from a hospital has to be authorised by two certified doctors and associated mental health professionals.

What Are My Rights Under Section 2 Mental Health Act?

If the patient is detained under the Mental Health Act they can apply to have their continued detention challenged by applying for a Mental Health Tribunal.

This is like a court hearing where reports will be prepared and the burden is upon the detaining authorities to show that it is warranted that a patient remains in hospital for their assessment and treatment.

Can I Apply for a Mental Health Tribunal?

Yes, a patient can apply for a Mental Health Tribunal but must apply within the first 7 days of admission to the hospital and the ward staff are under a duty to go through these rights of appeal with a patient in the hospital.

A patient can also request a Hospital Managers Hearing which is an internal appeal process but is not independent of the medical team in the hospital. A Mental Health Tribunal is an independent process with all the powers of a court.

It can not order a transfer to a different hospital or a different treatment regime. Its only powers are of discharge from continued detention.  The hearing is a meeting at the hospital – now online due to the pandemic and the hospital will make arrangements for the patient to join the hearing online

What Happens After a Mental Health Tribunal?

If a patient is successful and the Mental Health Tribunal discharges them from detention under the Section 2 Mental Health Act then they can discharge themselves from the hospital and go home.  Alternatively, the patient can remain in the hospital as a voluntary patient for continued assessment and treatment.

If a patient is unsuccessful and the section has not discharged the doctor and medical team can still discharge from detention at any time and at the conclusion of the 28 day period the medical team must discharge from detention.  However,  there are other sections of the Mental Health Act that can be imposed to continue a  patient’s detention in hospital.  The S2 Mental Health Act detention can not just be renewed for subsequent periods of 28 days.

After the hearing, the patient receives a copy of the written decision from the Mental Health Tribunal. This is whether a patient is discharged or not.  This needs to be checked so that it complies with the legal requirements of the Mental Health Act.  It can sometimes form the basis of an appeal to the Upper Tribunal if there has been a legal or procedural irregularity.

How Best Solicitors Can Help

At Best Solicitors, we can advise you as to your rights of appeal. We can prepare your application or ask the hospital to do so on your behalf and can prepare your case and go through all the relevant paperwork and gather further evidence for you.  We can of course also represent you at the Tribunal hearing, ask questions of your medical team, help you give your evidence and make submissions on your behalf to try and secure your release from detention under S2.

If you or a family member require assistance in this area, get in touch today on 0114 3583134 or send us a message via our contact page.