Your rights under the Mental Health Act

UK guidance on Mental Health Act sectioning (s2, s3, s136), tribunal appeals, capacity, advocacy (IMHAs), Community Treatment Orders, and Section 117 aftercare.

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Mental Health Act 1983 Basics

How sectioning works, the role of the Approved Mental Health Professional, and your fundamental rights.

Section 2 Assessment

28-day detention for assessment, the AMHP application process, and tribunal rights.

Section 3 Treatment Order

6-month renewable detention for treatment, treatment without consent, and SOAD safeguards.

Section 136: Police Powers

The 24-hour limit, place of safety arrangements, and conversion to other sections.

Mental Health Tribunal Appeals

Eligibility, free legal aid, panel composition, and how to prepare.

Nearest Relative Rights

The defined order, displacement applications, and the right to object to a Section 3.

All guides in this section

Mental Health Act 1983 Basics

How sectioning works, the role of the Approved Mental Health Professional, and your fundamental rights.

Section 2 Assessment

28-day detention for assessment, the AMHP application process, and tribunal rights.

Section 3 Treatment Order

6-month renewable detention for treatment, treatment without consent, and SOAD safeguards.

Section 136: Police Powers

The 24-hour limit, place of safety arrangements, and conversion to other sections.

Mental Health Tribunal Appeals

Eligibility, free legal aid, panel composition, and how to prepare.

Nearest Relative Rights

The defined order, displacement applications, and the right to object to a Section 3.

Capacity to Make Treatment Decisions

The Mental Capacity Act 2005, the two-stage capacity test, and best interests decisions.

Community Treatment Orders (CTOs)

Section 17A, mandatory and discretionary conditions, and recall to hospital.

Independent Mental Health Advocates (IMHAs)

Your right to an IMHA, the role of advocates, and how to make a complaint.

Discharge and s117 Aftercare

Free aftercare for life, joint duty between health and social care, and ending aftercare.

Deprivation of Liberty Safeguards (DoLS)

When DoLS apply, the authorisation process, RPR and IMCA rights, and how to challenge in the Court of Protection.

Frequently asked questions

Can I appeal against being sectioned?
Yes. You can apply to the Mental Health Tribunal — once during the first 14 days of a Section 2, and once during each renewal period of a Section 3. Free legal aid is automatic. The tribunal must discharge you if the legal criteria for detention are no longer met.
How long can the police hold me under Section 136?
Up to 24 hours, extendable by 12 hours if needed for assessment. You should be taken to a "place of safety" — usually a hospital, not a police station. After 2017 reforms, police stations can only be used in exceptional circumstances and never for under-18s.
What is Section 117 aftercare?
If you have been detained under Section 3 (or some other forensic sections), the NHS and local authority have a joint legal duty to provide aftercare services free of charge. This continues until both bodies agree you no longer need it. Aftercare cannot be charged for.
Do I have a right to an advocate?
Yes. If you are detained under most sections of the Mental Health Act, on a CTO, or under guardianship, you are entitled to an Independent Mental Health Advocate (IMHA). The IMHA can help you understand your rights, attend meetings with you, and support you to be heard.

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Disclaimer

This information is for general guidance only and does not constitute legal, financial, or professional advice. Always check official sources and seek qualified help where needed.