Sections 2 and 3

These Sections are specific to detaining patients in a psychiatric facility.  Psychiatric wards are staffed by specialist Mental Health Nurses – they have rarely done general nurse training.  Medical facilities on these wards are usually very limited and so if a patient becomes physically unwell, they may be referred to the ‘main’ hospital and are often initially reviewed in the ED.  Hence some understanding of the conditions of their detention is useful.

• The patient is detained in hospital for assessment of their mental health and for treatment. A Mental Health Act Assessment Team includes at least two Approved Mental Health Professionals (AMHPs), and a third person who doesn’t have to be an AMHP, but should be a doctor who has some prior knowledge of the patient. Not all AMHPs are doctors. Social Workers and senior Registered Mental Nurses can also qualify to be an AMHP.  The team will normally consider:
  • If the individual suffers from a mental disorder,
  • which type of mental disorder they have,
  • whether they need any treatment and how they might respond.

Under Section 2

• The patient can be detained for up to 28 days. At this point, the Section must either be discharged or the patient detained under Section 3.
• Normally a team of three people will undertake the assessment, the team should include two AMHPs plus a third doctor who is either an AMPH or who has prior knowledge of the patient.
• The patient has only limited rights to refuse treatment if detained under Section 2 but does retain some rights.

Under Section 3

• The patient can be detained in hospital for treatment for up to six months initially.
• Treatment might be necessary for their own health and safety, or for the protection of other people.
• A patient can be detained under Section 3 if they are well known to mental health services, having a well-established diagnosis, and there is no need for them to be assessed under Section 2.
• Alternatively, they may be detained under Section 3 following an admission under Section 2.
• Section 3 can be extended by a further 6 months.If after this the patient is deemed still to require detention, the section can be extended yearly.
• As for Section 2, a specialist team is required to perform the mental health act assessment.

Mental Health Act 1983

Mental Health Act 2007

Mental Health Act code of practice

Mental Health Act changes