Mental Health Act

Key Mental Health Act (MHA) Sections

  • ✅ Section 2 (Assessment Order)
    • Used for initial assessment and treatment.
    • Up to 28 days, non-renewable.
    • Requires two doctors & an Approved Mental Health Professional (AMHP).
    • Cannot be used for long-term treatment.
  • ✅ Section 3 (Treatment Order)
    • Used for ongoing treatment of a diagnosed mental disorder.
    • Lasts up to 6 months (renewable for another 6 months, then yearly).
    • Requires evidence of necessity and that treatment cannot be provided voluntarily.
    • Patient has the right to appeal.
  • ✅ Section 4 (Emergency Admission)
    • Used in urgent cases when Section 2 cannot be arranged immediately.
    • Lasts up to 72 hours, requires only one doctor.
    • Converted to Section 2 or discharged.
  • ✅ Section 5(2) (Doctor’s Holding Power)
    • Allows a doctor to detain a voluntary inpatient for up to 72 hours.
    • Used to prevent immediate discharge while awaiting full assessment.
    • Does not authorise treatment without consent.
  • ✅ Section 5(4) (Nurse’s Holding Power)
    • Allows a qualified mental health nurse to detain a patient for up to 6 hours.
    • Used when awaiting a doctor’s assessment under Section 5(2).
  • ✅ Section 17 (Leave from Hospital)
    • Allows detained patients to leave hospital for a specified period.
    • Requires approval from the Responsible Clinician (RC).
    • Can be escorted or unescorted, used for rehabilitation & reintegration.
    • Breaching conditions can result in recall to hospital.
  • ✅ Section 17A (Community Treatment Order – CTO)
    • Allows supervised treatment in the community after hospital discharge.
    • Requires adherence to conditions (e.g., attending appointments, taking medication).
    • Non-compliance may result in recall to hospital.
  • ✅ Section 136 (Police Powers – Public Place)
    • Allows police to detain an individual in crisis from a public place.
    • Person is taken to a designated Place of Safety (e.g., hospital, police station).
    • Detention lasts up to 24 hours (extendable by 12 hours if assessment is delayed).
  • ✅ Section 135 (Police Powers – Private Premises)
    • Allows police entry to private property with a warrant to remove a person at risk.
    • Used when an individual is refusing assessment but is at significant risk.
    • Person is taken to a Place of Safety for assessment.