Section 2 – Admission for Assessment

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Summary

  • Section 2 of the Mental Health Act 1983 is a legal framework designed to ensure that individuals experiencing a severe mental health crisis receive the necessary assessment and immediate care in a hospital setting.
  • Under Section 2, you can be detained for up to 28 days, during which a team of health professionals, including an Approved Mental Health Professional (AMHP) and two doctors, will evaluate your condition.
  • Your care will be overseen by a Responsible Clinician (RC), who has the authority to discharge you or recommend further treatment under Section 3 if necessary.
  • While under Section 2, you have rights to appeal your detention, consent to treatment, and access legal and advocacy support.

What is Section 2 Admission?

Section 2 of the Mental Health Act 1983 allows for the compulsory admission of an individual to a hospital for assessment. This legal framework is designed to ensure that individuals experiencing a severe mental health crisis receive the necessary evaluation and treatment promptly, especially when their health or safety, or the safety of others, is at risk.

Why Might You Be Placed Under Section 2?

If you are placed under Section 2, it means that a team of health professionals has conducted a thorough assessment and determined that it is essential for you to be admitted to the hospital for further evaluation of your mental health. This team typically includes:

  • An Approved Mental Health Professional (AMHP): A trained social worker or other professional who is authorised to make decisions under the Mental Health Act.
  • Two doctors: One must be Section 12 approved, indicating they have special training in the application of the Mental Health Act. The other is usually a doctor familiar with your medical history, such as your General Practitioner (GP).

Duration and Process

Under Section 2, you can be detained in a hospital for up to 28 days.

This period is specifically for assessment purposes, during which:

  • Your mental health condition will be evaluated to determine the necessary treatment.
  • You will receive care aimed at stabilising your condition and addressing any immediate health and safety concerns.

The Responsible Clinician (RC), who oversees your treatment, has the authority to discharge you from Section 2 if it is determined that continued detention is no longer necessary. However, if the RC believes that you require prolonged treatment, they may consider transferring you to Section 3, which allows for longer-term detention.

Medication and Consent

During your detention under Section 2, you may be given medication with or without your consent. However, your consent will always be sought, and the RC, along with other hospital staff, will discuss the proposed treatments with you, ensuring you understand their purpose and potential effects.

Leave and Appeals

Your RC can authorise leave from the hospital, known as Section 17 leave, as part of your treatment plan. Additionally, you have the right to appeal your detention:

  • You can apply to the Mental Health Tribunal within the first 14 days of your detention. This independent body reviews your case to determine whether your continued detention is justified.
  • You can also request a review from the Hospital Managers at any time. They are an independent panel tasked with ensuring that the Mental Health Act is applied correctly and that your rights are upheld.

Your Rights

While under Section 2, you have specific rights, including:

  • Receiving detailed information about your section and the reasons for your detention.
  • Understanding your rights regarding consent to treatment.
  • Being informed about your right to appeal to the Mental Health Tribunal and the Hospital Managers.
  • Accessing legal representation and advocacy support through an Independent Mental Health Advocate (IMHA).
  • Maintaining correspondence and receiving visitors.
  • Knowing how to make a complaint and understanding the safeguarding measures in place.
  • Information about the role and oversight of the Care Quality Commission.

Code of Practice

The Mental Health Act 1983 Code of Practice provides comprehensive guidelines for professionals involved in your care.

Professionals involved in your care and treatment should follow the Mental Health Act 1983 Code of Practice. It provides guidance to health professionals about the MHA and is intended to be helpful to you, your family, carers, representatives, friends, advocates, and anyone else who supports you. A copy of the code should be available on the ward for you to see.

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Frequently Asked Questions

Can I refuse to be admitted under Section 2?
No, if health professionals determine that your mental health condition requires urgent assessment, you can be admitted to the hospital under Section 2 without your consent.
What should I bring with me to the hospital?
You should bring personal items such as comfortable clothing, toiletries, and any essential medications. It’s also helpful to have a list of important contacts and any relevant medical information.
Will I have a say in my treatment plan?
Yes, although you may be treated without your consent, the healthcare team will involve you in discussions about your treatment whenever possible, explaining the reasons for their decisions.
Can my family visit me while I’m under Section 2?
Yes, you are allowed to have visitors, and the hospital will provide guidelines on visiting hours and policies to ensure your well-being and privacy.
What if I disagree with my treatment plan?
You have the right to discuss your concerns with your Responsible Clinician and other members of your healthcare team. Additionally, you can seek support from an Independent Mental Health Advocate (IMHA) to help you express your views.
How is my privacy protected while I’m in the hospital?
The hospital is committed to maintaining your privacy and confidentiality. Your personal information and treatment details are shared only with those directly involved in your care, unless you give permission for it to be shared with others.
What happens after the 28 days if I no longer need to be in the hospital?
If your condition improves and you no longer need to be detained, your Responsible Clinician will discharge you from Section 2. A care plan will be arranged to support your transition back to the community.
What support is available to my family during my admission?
The hospital provides resources and support for families, including information sessions, counselling, and access to social workers who can offer practical and emotional support.
How does being under Section 2 affect my employment?
Your employment rights are protected under the Equality Act 2010, and you may be entitled to sick leave or other accommodations. It’s advisable to inform your employer about your situation to discuss available support and options.
What should I do if I feel unsafe or mistreated in the hospital?
If you feel unsafe or mistreated, you should report your concerns immediately to a member of the hospital staff. You can also contact the hospital’s Patient Advice and Liaison Service (PALS) or an advocate for additional support and guidance.
Can I make phone calls while in the hospital?
Yes, you will typically have access to a phone to make calls. However, there might be specific rules about phone use that you will need to follow, which will be explained to you upon admission.
How can I stay informed about my rights during my detention?
You will receive written information about your rights under Section 2 upon admission. Additionally, hospital staff, advocates, and the Mental Health Act Code of Practice are available to help you understand your rights and how to exercise them.

Our partner hospital facilities are dedicated to providing compassionate care, ensuring your rights are upheld, and supporting you throughout your recovery journey. Your well-being and rights are our top priorities. We are here to support you on your journey towards recovery, every step of the way.

If you have any questions or concerns, please don’t hesitate to reach out to a member of our team.

Contact the Central Referral Team
We’re here for you 24/7! Our central referral team will reach out promptly to discuss a treatment plan that is right for you.
Contact Us Today