Has someone you know been put on Section 2? You might be wondering what this is, what it means and what to do about it.
When someone is detained under Section 2 Mental Health Act, this gives legal power for that person to be placed in a hospital for their own safety or the safety of others. They will be detained for assessment which will be followed by treatment if necessary.
If you are unsure of your rights around Section 2 of the Mental Health Act, this blog will look into what it means to be detained, the next steps and how to appeal.
Why is Someone on Section 2?
A person can be detained under the Section 2 Mental Health Act for a number of reasons, which can include:
- They need to be detained for their own health and safety or to keep others safe.
- They have a mental disorder.
- They have been detained to have a short assessment and may need medical treatment to help their mental state.
The person will have been detained by a health professional who thought their mental health state needed professional care and treatment from a specialised hospital. An Approved Mental Health Professional and two doctor’s, once who is likely to be your GP and one who is Section 12 approved, will be the ones to assess the mental health of the patient.
What Happens Now?
A person can be kept in hospital for up to 28 days after being detained under Section 2 and this can’t usually be extended. They will be assessed before the 28 days is up and can be detained under Section 3 if necessary.
They will only be able to be detained under Section 3 if they apply to the following:
- It has been verified that they have a mental disorder.
- They cannot be treated unless they are in a specialised hospital.
- They need to be detained for the health and safety of themselves and the public.
The individual can then be detained under Section 3 for up to six months, but this can be renewed, if necessary, with no limit on how many times it can be renewed.
Can Someone Under Section 2 Appeal?
Someone detained under Section 2 has 14 days from when they are detained to appeal. They can do this by asking the Mental Health Tribunal to no longer be kept in hospital or ask the Hospital Manager to discharge them. A Hospital Manager’s role is to ensure the Mental Health Act is being used correctly, so if they believe the rights of the individual aren’t being upheld, they have the independence to do something about it.
To get help with an appeal, they should speak to hospital staff or an advocate.
What Are Your Rights?
Everyone has rights whilst they are in hospital including the right to:
- Information regarding your reasons for being detained and why you have been sectioned
- Details about your consent to treatment, rights of appeal and how to contact a solicitor if necessary
- How to make a complaint or information about your safeguarding
- Your right to visitors and information about the Care Quality Commission
Ask For the Mental Health Act 1983 Code of Practice
When detained, a copy of the Mental Health Act 1983 Code of Practice can be requested. This is the practice that professionals taking care of the person detained should follow. It will guide health care professionals on how to treat patients and can be helpful for family members or close relatives, representatives, friends etc to understand what is intended for your care.
If you are unsure where you or someone you know stands when they have been detained under Section 2, you can always get in touch with solicitors to offer legal advice. If you are worried and need help, they will have the knowledge to guide you and take action if they think it is necessary.
