Your Rights Under the Mental Health Act — How We Help
Mental Health Law Solicitors — Here for You
Being sectioned under the Mental Health Act 1983 (as amended in 2007 )can feel scary, confusing, and isolating. Whether it’s you or someone you love, it’s normal to feel overwhelmed — but you do not have to face it alone.
At Angira Solicitors, our experienced mental health lawyers are here to protect your rights, explain every option in plain language, and fight your corner if you want to challenge your detention or treatment.
Legal Representation
Expert assistance for detained patients under the Mental Health Act and related legal matters.
Tribunal Support
Guiding clients through mental health tribunals to challenge unlawful detention and seek discharge.
Advice on community treatment orders, ensuring rights are upheld and providing necessary legal representation.
Community Treatment Orders
Understanding Sections & What They Mean
Under the Mental Health Act, doctors, social workers and hospitals can lawfully detain you if they believe you have a mental disorder that needs urgent assessment or treatment — and that you might be a risk to yourself or others.
Here are the sections we help with every day:
Common Civil Sections
Section 2 — Assessment
You can be detained in hospital for up to 28 days for assessment (and sometimes treatment too). Doctors use this time to decide what care you need.
Your right: You can apply to the Mental Health Tribunal within the first 14 days if you believe you shouldn’t be detained.
Section 3 — Treatment
This allows the hospital to keep you for treatment for up to 6 months at first, and it can be renewed.
Your right: You can apply to the Tribunal once during each period of detention to ask for discharge.
Section 4 — Emergency Admission
Used in urgent situations when a second doctor isn’t immediately available. You can be held for up to 72 hours for assessment.
Section 5(2) — Doctors’ Holding Power
If you’re already a voluntary patient, doctors can hold you for up to 72 hours if they think you might try to leave but you need to stay for your safety.
Section 136 — Police Powers
If the police find you in a public place and they believe you need urgent mental health care, they can take you to a ‘place of safety’ for up to 24 hours for an assessment.
Community Treatment Orders (CTOs)
If you’re discharged from hospital on a CTO, you can live in the community under certain conditions. If you don’t follow those conditions or your mental health worsens, you may be recalled to hospital.
Your right: You can apply to the Tribunal to discharge a CTO too.
Forensic Sections — When the Courts Are Involved
Sometimes people are detained through the criminal justice system — known as forensic sections. For example:
Section 35: Remand to hospital for reports (assessment only).
Section 36: Remand to hospital for treatment while criminal proceedings continues.
Section 37: Hospital Order instead of prison — if a judge decides you need treatment.
Section 37/41: Hospital Order with restrictions — the Ministry of Justice must agree to any leave or discharge.
Section 38: Interim Hospital Order — short-term, during sentencing.
Section 47/49: Transfer from prison to hospital, often with restrictions.
Section 45A: Hybrid Order — you can be transferred between prison and hospital.
Your right: If you’re under a Hospital Order, you can usually apply to the Tribunal. If you’re ‘restricted’ (e.g. Section 41), you’ll need Ministry of Justice consent to be discharged, but you still have the right to a Tribunal hearing and the tribunal has the power to discharge you.
How Can You Be Discharged ?
Apply to the Mental Health Tribunal
The Tribunal is an independent panel that can:
Review whether your detention is lawful.
Order your discharge if they decide you no longer meet the criteria.
Change or remove conditions (like those on a CTO).
It’s free to apply and legal aid is available for representation — so you may not have to pay.
Ask the Hospital Managers
Every hospital has a Managers’ Panel that can also review your detention or CTO. We often represent clients at these hearings.
Nearest Relative
In some cases, your ‘nearest relative’ (defined by the Mental Health Act — usually a close family member) can ask for you to be discharged. If the hospital objects, they must explain why and you can challenge it.
How Angira Solicitors Can Help You
Our friendly mental health team are here to:
Explain your section and what it really means.
Apply to the Mental Health Tribunal and represent you at hearings.
Represent you at Hospital Managers’ Hearings.
Help your family understand your rights.
Support you with forensic sections and work with the Ministry of Justice if needed.
Challenge unlawful detention or unfair treatment.
Most Tribunal cases qualify for legal aid, so you may not have to pay for our help.
Helpful Resources & Case Law
We believe everyone should have access to clear, trusted information:
Mental Health Law Online — up-to-date case law and guidance.
Mental Health Lawyers Association (MHLA) — find accredited specialists.
BAILII — browse the latest UK mental health case law.
1. What does “being sectioned” mean?
Being “sectioned” means you’re detained under a specific section of the Mental Health Act 1983 as amended in 2007, so you can be assessed or treated for your mental health in hospital — even if you don’t want to go in. Doctors, an Approved Mental Health Professional (AMHP) and sometimes your nearest relative must agree you need to be there for your safety or the safety of others.
2. How long can you be sectioned for?
It depends on the section:
Section 2 – up to 28 days for assessment
Section 3 – up to 6 months for treatment (renewable)
Emergency sections (like Section 4 or Section 5(2)) – shorter, e.g. 72 hours
Forensic sections (from court) – can vary, and some have restrictions from the Ministry of Justice
Frequently Asked Questions — Being Sectioned
3. Can I leave hospital if I’m sectioned?
Not without agreement. You can only leave hospital if your section ends, you’re given official leave (known as “Section 17 leave”), or you’re discharged. If you leave without permission you could be brought back.
4. How can I challenge being sectioned?
You usually have the right to:
Apply to the Mental Health Tribunal — an independent panel that can discharge you if you no longer meet the criteria.
Ask the Hospital Managers to review your detention.
In some cases, your nearest relative can ask for you to be discharged too.
5. Will I have to pay for legal help?
Most people qualify for Legal Aid for Mental Health Tribunal cases — so you probably won’t have to pay anything for our help with your Tribunal hearing.
6. What is a Community Treatment Order (CTO)?
A CTO means you can leave hospital and live in the community, but under certain conditions. You can be recalled to hospital if your mental health worsens or you don’t stick to the conditions. You can also apply to the Tribunal to end your CTO.
7. What about forensic sections — what’s different?
If you’ve been detained through the criminal courts (forensic section), you may be under extra restrictions (like needing Ministry of Justice permission to leave or be discharged). You still have the right to apply to the Tribunal for a review.
8 .How can Angira Solicitors help?
We:
Explain what your section means
Apply to the Tribunal for you
Represent you at Tribunal and Managers’ Hearings
Help with forensic sections and Ministry of Justice cases
Support your family in understanding your rights
9. Where can I find more information?
Check these trusted sources:
10. How do I get started?
It’s simple. Call us, email us, or fill out our enquiry form — we’ll talk you through your options in plain English and protect your rights every step of the way.
Clapham Solicitors Limited ( Company No 08563130) ( SRA No. 8004234 ) trading as Angira Solicitors @ 2025
