The Mental Health Act 1983 is the main law covering the assessment, treatment and rights of people with a mental health condition in England and Wales. Most people treated in hospital for their mental health agree to be there, but the Act allows a person to be detained, known as being sectioned, when they may need urgent treatment and could be at risk of serious harm to themselves or others. The NHS says changes to the Act were agreed by government in 2025 and will happen in stages over several years. The Lift College Mental Health Awareness Training course covers mental health and the law at work.
What being sectioned means
The Act is made up of many sections. When someone says a person is being sectioned, they mean the person is detained under a particular section of the Act, for example section 2. The NHS says you should be told which section applies.
Who decides
In a formal assessment, a person is assessed by doctors and an approved mental health professional (AMHP). One of the doctors must be specially certified as having experience in assessing or treating mental illness. In most cases, family, a GP or a carer should first discuss concerns with the person, and the nearest relative has the right to ask the local AMHP service for an assessment.
How long a section lasts
The NHS says a person could be detained for:
- up to 28 days under section 2
- up to 6 months under section 3, with further renewals
In emergencies, police powers under sections 135 and 136 allow a person to be taken to a place of safety for assessment for up to 24 hours, which can be extended to 36 hours. In hospital, section 5(4) lets certain nurses hold someone for up to 6 hours, and section 5(2) lets doctors hold someone for up to 72 hours while an assessment is made.
Rights when detained
The NHS says anyone detained has the right to:
- appeal to the Mental Health Tribunal or the hospital managers, and may be eligible for legal aid
- see an independent mental health advocate
- be given information about their rights
- complain to the Care Quality Commission about how the Act was used
Family can still visit, and with the person's permission, doctors may discuss the treatment plan with them.
Leave and community treatment
Section 17 allows leave from hospital if the responsible clinician authorises it, with conditions. A Community Treatment Order (CTO) lets someone go home on conditions after hospital treatment, with recall to hospital possible if their condition gets worse.
Getting urgent help
If someone's life is at risk, or you do not feel you can keep yourself or someone else safe, the NHS says to call 999 or go to A&E now. For urgent help that is not an emergency, use NHS 111 online or call 111 and select the mental health option. You can call Samaritans free on 116 123.
Training
Lift College Mental Health Awareness Training is 1 hour in 6 modules, with a CPD Standards Office accredited certificate the same day you pass.