LEGAL EAGLE: 'My husband has been sectioned under Section 2 of the Mental Health Act – but what does this mean?'

When someone is “sectioned”, this means that they are detained under the Mental Health Act 1983 (MHA).

A section 2 allows the clinical team to detain a person in hospital to assess and treat their mental health. A section 2 can last for up to 28 days, but it is possible to be discharged before the 28 days has expired.

How can my husband be discharged from the Section 2? – The Responsible Clinician (RC) on the ward has the power to discharge the section at any time.

Your husband has the right to appeal to the Mental Health Tribunal against his section.

The Mental Health Tribunal is a type of court made up of a Judge, a Medical Member, and a Specialist Lay Member. The Tribunal has the power to discharge the section, but your husband must appeal to the Tribunal within the first 14 days of being detained on a Section 2.

The Tribunal will be arranged within 10 days of his appeal being submitted. The Tribunal hearing will take place at the hospital. You can usually request to attend this hearing provided that your husband consents.

The Hospital Managers have the power to discharge the section. Your husband can appeal to the Hospital Managers at any time and a Hospital Managers’ Hearing will then be arranged.

You are likely to be classed as the ‘Nearest Relative’ of your husband. The Nearest Relative has the power to order his discharge from the section.

This can be done by giving the Hospital Managers 72 hours’ notice in writing of your intention to discharge the section. However, if the RC feels that your husband would be dangerous to himself or others, he could ‘bar’ your order of discharge.

Can my husband be given treatment for his mental health even if he refuses it? – Yes, his clinical team can give him treatment including medication even if he does not agree to this.

However, they should work with him to try to get his agreement before doing this.

Ben Hoare Bell LLP has specialist Mental Health Solicitors who can help with issues surrounding Mental Health law.

To speak to a solicitor please contact us on 0191 275 2626 or email [email protected]