Mental Health Law questions
5 direct answers, each with the short version first and a link to the full guide. For the whole topic, see Mental Health Law.
How long can you be kept in hospital under the Mental Health Act?
It depends on the section. Section 2 lasts up to 28 days and cannot be renewed. Section 3 runs for six months, renewable for another six and then yearly. Section 4 and Section 5(2) holding powers last 72 hours, and Section 136 lasts 24 hours. You can appeal at every stage.
What is the difference between Section 2 and Section 3?
Section 2 is for assessment — up to 28 days, not renewable. Section 3 is for treatment — six months to start, renewable — and is used when the diagnosis and treatment are already known. Your nearest relative can block a Section 3 but not a Section 2, and only Section 3 brings free Section 117 aftercare.
How do I appeal against being sectioned?
Apply to the First-tier Tribunal (Mental Health). On Section 2 you have 14 days from admission and the hearing must be held within seven days. On Section 3 you can apply once in each detention period. Legal aid is automatic, with no means test, so representation costs you nothing.
How long can the police hold me under Section 136?
Up to 24 hours. That can be extended by a further 12 hours — to a maximum of 36 — but only where a doctor decides in writing that more time is needed to complete the assessment. After that you must be released; the police have no power to hold you longer.
Do I have to pay for Section 117 aftercare?
No. Section 117 aftercare is free by law, whatever your income, savings or assets — councils and the NHS cannot means-test it or charge for it. It applies after discharge from Section 3 and certain criminal-court sections, and lasts as long as you need it. Charges already paid can be recovered.