Voluntary Patients vs Sectioned Patients: What’s the Difference?

When it comes to hospital treatment for mental health, people are often unsure about the difference between being admitted voluntarily and being detained or “sectioned” under the Mental Health Act 1983. Understanding these differences is crucial, as they affect your rights, your ability to leave hospital, and the kind of support you can access.

At Arcright Legal, we specialise in Mental Health Law and support both voluntary and sectioned patients in understanding their rights. This article explains the key differences, your options, and how we can help.

 

What is a Voluntary Patient?

Voluntary patients (sometimes called informal patients) agree to go into hospital for mental health treatment. They are not detained under the Mental Health Act.

Key points:

  • You choose to be admitted to hospital.
  • You can leave the hospital at any time, unless doctors believe you should be detained for your own safety or the safety of others.
  • You are free to accept or refuse treatment, although doctors may strongly advise treatment.
  • If your condition changes, doctors may assess you for detention under the Mental Health Act.

 

What is a Sectioned Patient?

A sectioned patient has been detained under the Mental Health Act 1983. This means doctors and an Approved Mental Health Professional (AMHP) have decided you need to stay in hospital because:

  • You have a mental disorder, and
  • Detention is necessary for your health or safety, or to protect others.

Being sectioned gives the hospital legal authority to keep you there and, in some cases, provide treatment without your consent.

 

Why the Difference Matters

The difference between being a voluntary patient and being sectioned is significant:

  • Voluntary patients keep far more control over their treatment and freedom.
  • Sectioned patients are subject to stricter rules, but they also have stronger legal protections — such as the right to a Tribunal and free legal advice under Legal Aid.

 

How Arcright Legal Can Help

At Arcright Legal, we are Mental Health Panel accredited solicitors. We can:

  • Advise you on your legal status as a patient.
  • Represent you at a Tribunal if you are detained.
  • Support your nearest relative in exercising discharge rights.
  • Challenge unlawful detention and ensure your voice is heard.

Key Differences Between Voluntary and Sectioned Patients

Feature Voluntary Patient Sectioned Patient
Admission You agree to go into hospital. You are detained under the Mental Health Act.
Leaving Hospital You can leave at any time (unless assessed for sectioning). You cannot leave unless formally discharged.
Consent to Treatment You generally have the right to refuse treatment. Treatment can sometimes be given without consent.
Appeal Rights No Tribunal rights (you can simply leave). You can apply to the Mental Health Tribunal.
Nearest Relative Powers Not applicable. Nearest relative can request discharge (depending on the section).