Section 2: Admission for Assessment

For Section 2 to apply, an Approved Mental Health Professional must be satisfied that all of the following criteria are met:

1. The patient is suffering from a mental disorder of a nature or degree that warrants detention in a hospital for assessment (or assessment followed by medical treatment) for at least a limited period.
2. Detention is necessary in the interests of the patient's own health or safety, or for the protection of other persons.

The AMHP must also consider alternatives to admission — informal admission, crisis resolution home treatment, or other community services — and satisfy themselves that these are not appropriate or available in the circumstances.

"Mental disorder" is broadly defined under the MHA 2007 as "any disorder or disability of the mind" — this includes conditions such as depression, schizophrenia, bipolar disorder, personality disorders, dementia, and eating disorders.

A Section 2 assessment involves:

1. Medical recommendations: Two registered medical practitioners must independently examine the patient and each provide a medical recommendation. One must be approved under Section 12 of the MHA (a "Section 12 doctor"), typically a consultant psychiatrist. The second can be any registered doctor, preferably one who knows the patient (e.g., their GP).
2. AMHP application: The AMHP carries out their own assessment, consults the nearest relative (where practicable), considers alternatives, and — if satisfied with the criteria — makes the application in writing to the hospital managers.
3. Admission: The patient is conveyed to the hospital. The hospital managers accept the application and the patient is lawfully detained from this point.

Both medical recommendations should be dated no more than 5 clear days before the AMHP's application. In practice, both doctors and the AMHP try to assess the patient at the same time and place (a "joint assessment").

Upon admission under Section 2, the patient must be given written information explaining:

• The nature and grounds of their detention
• Their right to apply to a Mental Health Tribunal — they can apply within the first 14 days of detention
• Their right to an Independent Mental Health Advocate (IMHA)
• How to make a complaint

The hospital managers must also consider whether the patient has a "nearest relative" under the MHA 1983 and inform them of the admission.

Treatment without consent is limited under Section 2 — medication can only be given without consent for the first 3 months of detained treatment; beyond that, a Second Opinion Appointed Doctor (SOAD) approval is required for continued administration of medication against the patient's wishes.

A patient can be discharged from Section 2 in several ways:

• Responsible Clinician (RC): The consultant psychiatrist (or other approved clinician) responsible for the patient's care can discharge the patient at any time.
• Hospital managers: The hospital managers have a duty to consider discharge and can direct it. They must consider discharge at the patient's request.
• Nearest relative: The nearest relative can give 72 hours' written notice to the hospital managers to discharge the patient — unless the RC certifies that the patient would be "likely to act in a manner dangerous to themselves or others" if discharged (a "barring report").
• Mental Health Tribunal: Following an appeal, the Tribunal may order the patient's discharge.

Section 2 cannot be renewed — after 28 days the patient must either be discharged or, if continued detention is necessary, an application for Section 3 must be made before the Section 2 expires.