Understanding Section 2 of the Mental Health Act: Your Rights and Legal Options

Being detained in hospital under the Mental Health Act can feel overwhelming, frightening, and confusing. At Arcright Legal, we regularly support clients and their families through this difficult time. One of the most common sections used is Section 2 of the Mental Health Act 1983.

In this article, we explain what it means to be detained under Section 2, how long it can last, what rights you and your family have, and how we can help you challenge detention.

What is Section 2 of the Mental Health Act?

You can be detained under Section 2 if:

  • You have a mental disorder.
  • You need to be detained for a short period of time for assessment and possibly medical treatment.
  • Detention is considered necessary for your health or safety, or for the protection of others.

Section 2 is often used when doctors and an Approved Mental Health Professional (AMHP) believe you need to stay in hospital so your condition can be properly assessed.

 

How Long Can You Be Detained Under Section 2?

  • A Section 2 lasts for up to 28 days.
  • It cannot normally be extended or renewed.
  • Before the 28 days end, you may be:
    • Discharged from hospital,
    • Asked to remain in hospital voluntarily, or
    • Placed on a longer-term section, such as Section 3 (treatment).

 

Who Can Discharge You From Section 2?

  1. Responsible Clinician (RC)

Your psychiatrist, known as your Responsible Clinician (RC), can discharge you at any time if they decide you no longer need to be detained.

  1. Nearest Relative

The Mental Health Act gives your nearest relative a legal right to request your discharge. However, there are important limitations:

  • They must write to the Mental Health Act Administrator at the hospital.
  • If your Responsible Clinician (RC) believes you would be at risk if discharged, they can issue a “barring order” to prevent it.
  • This power can only be used once every six months, even if your section changes during that time.
  • Unlike in a Section 3 matter, your nearest relative cannot apply to the First-tier Tribunal (Mental Health) on your behalf while you are detained under Section 2.

This makes it especially important to seek legal advice about other routes to discharge, such as appealing directly to the Tribunal yourself.

  1. First-tier Tribunal (Mental Health)

You have the right to appeal to the Mental Health Tribunal, which is an independent body. The Tribunal will review your detention and can discharge you if it decides the legal criteria for Section 2 are not met.

 

Important: An application to the Tribunal must be submitted within 14 days of your Section 2 starting. This 14-day period includes the day your detention begins.

Example:
If your Section 2 started on 3 September 2025, the deadline to apply to the Tribunal would be 17 September 2025.

If you miss this 14-day time limit, your case cannot normally be considered. However, it is possible to request a referral from the Secretary of State for Health. This is a discretionary referral, which means it is not guaranteed. Strong reasons must be provided to explain why an application was not made within the 14-day timeframe — for example, you were not told about the deadline or did not understand your rights in time.

At Arcright Legal, we can help prepare these applications and explain your options if the deadline has passed.

 

Your Rights Under Section 2

Even though you are detained, you still have important rights:

  • The right to be told in writing why you are detained.
  • The right to legal representation—Legal Aid is available.
  • The right to appeal to the Tribunal.
  • The right for your nearest relative to be involved in decisions.

 

How Arcright Legal Can Help

At Arcright Legal, our solicitors are Mental Health Panel accredited, meaning we are specialists in representing patients detained under the Mental Health Act. We can help by:

  • Advising whether your detention is lawful.
  • Preparing your case and representing you at a Mental Health Tribunal.
  • Supporting your nearest relative with a discharge request.
  • Making sure your wishes and voice are heard.

 

Final Thoughts

Being detained under Section 2 of the Mental Health Act can be frightening, but you are not without options. You have rights, and with the right legal support, you can challenge your detention and ensure fair treatment.

📞 Call us today on 0207 112 8585 or email info@arcrightlegal.com to speak to one of our mental health solicitors.