Compulsory admission and treatment provisions
If the person needs to be admitted to hospital, every attempt should be made to persuade them to go voluntarily. If admission is necessary but the person declines, compulsory admission may be arranged under sections 2, 3, or 4 of the Mental Health Act.
The Act allows compulsory admission of people who:
A patient in an Emergency Department is not an inpatient, so cannot be detained under Section 5. Restraint permitted by The Mental Capacity Act or Common Law is all that is available to provide temporary restraint for individuals who are a manifest danger either to themselves or to others while awaiting assessment by a psychiatrist.
Young people aged 16 or 17 years who have capacity to consent, but refuse to do so, cannot be admitted or kept in hospital for treatment for a mental disorder on the basis of their parents' consent — they will need to be formally detained under the Mental Health Act.
| Section | Purpose | Duration | Requirements |
|---|---|---|---|
| Section 2 | Assessment | Up to 28 days | AMHP/relative + 2 doctors (1 section 12 approved) |
| Section 3 | Treatment | Up to 6 months | AMHP/relative + 2 doctors (1 section 12 approved) |
| Section 4 | Emergency admission | Up to 72 hours | AMHP/relative + 1 doctor (preferably GP) |
| Section 5(2) | Doctor holding power | 72 hours | For already admitted patients |
| Section 5(4) | Nurse holding power | 6 hours | For already admitted patients |
| Section 136 | Police removal to place of safety | Assessment period | Police power for public place removal |