Understanding Section 3 of the Mental Health Act: Your Rights and Legal Options

Being detained under the Mental Health Act 1983 can be a frightening experience. While Section 2 is used for short-term assessment, Section 3 allows doctors to keep you in hospital for longer-term treatment.

At Arcright Legal, we regularly represent patients and families affected by Section 3. This article explains what it means, how long it lasts, your rights, and how you may be discharged.

 

What is Section 3 of the Mental Health Act?

You may be detained under Section 3 if:

  • You are suffering from a mental disorder that requires hospital treatment.
  • Detention is necessary for your health or safety, or to protect other people.
  • Appropriate treatment is available in hospital.

Section 3 is not just about assessment — it authorises doctors to provide ongoing medical treatment.

 

How Long Can You Be Detained Under Section 3?

  • Section 3 lasts for up to 6 months in the first instance.
  • It can then be renewed for another 6 months.
  • After that, it may be renewed for 12 months at a time.
  • In practice, some patients remain detained under Section 3 for a considerable time unless discharged.

 

Who Can Discharge You from Section 3?

Several people and bodies have the power to discharge you:

  1. Responsible Clinician (RC)

Your psychiatrist, known as your Responsible Clinician, can discharge you if they believe you no longer need to be detained.

  1. Hospital Managers

Hospital managers have an independent role and can discharge you if they are not satisfied that treatment is not necessary.

  1. Nearest Relative

Your nearest relative has the legal power to request discharge by writing to the Mental Health Act Administrator.

  • If your RC believes you would be at risk, they can issue a barring order to stop the discharge.
  • This is where legal advice becomes essential.
  1. First-tier Tribunal (Mental Health)

You have the right to appeal to the Tribunal, an independent judicial body.

  • You can apply once in each period of detention (e.g. once in the first 6 months, once in the second 6 months, once per year if renewed).
  • The Tribunal will review your case and can order your discharge if the legal criteria are not met.

 

Your Rights Under Section 3

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

  • The right to be told why you are detained, in writing.
  • The right to access an Independent Mental Health Advocate (IMHA).
  • The right to free legal representation (Legal Aid is available).
  • The right to apply to the Tribunal.
  • The right for your nearest relative to be involved in your care.

 

What Happens After Section 3?

If you are discharged from Section 3, there are a few possible outcomes:

  • You may be fully discharged, with your care managed by the community mental health team or, in some cases, solely by your GP.

  • Alternatively, you may be placed on a Community Treatment Order (CTO). A CTO allows you to live in the community but requires you to follow certain conditions (for example, attending appointments or taking prescribed medication).

If you do not follow the conditions of a CTO, you can be recalled to hospital. At Arcright Legal, we can advise on your discharge options and, where appropriate, challenge the use of a CTO.

How Arcright Legal Can Help

At Arcright Legal, our solicitors are Mental Health Panel accredited and specialise in this complex area of law. We can:

  • Represent you in a Tribunal appeal.
  • Support your nearest relative in making a discharge request.
  • Challenge unlawful or inappropriate renewals of detention.
  • Provide advice on Community Treatment Orders.

 

Final Thoughts

Being detained under Section 3 of the Mental Health Act can feel overwhelming, but you are not without rights or options. With the right legal support, you can challenge detention and ensure your voice is properly heard.

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