For when you need to assess, or assess and treat, and don't yet know enough to commit to a treatment plan.
You don't need a settled diagnosis. You need a mental disorder of a nature or degree that warrants detention in hospital for assessment. And the detention has to be in the interests of their health or safety, or to protect other people.
It lasts up to 28 days and can't be renewed, so use the time. By the third week you should know whether they need to stay, and if they do, whether that's informally or under s3. Don't let it run out by accident. An needs time to arrange a s3 assessment.
What is a section 2?
Section 2 lets someone be admitted to hospital and detained for up to 28 days for assessment, or for assessment followed by treatment. It's for when the picture isn't clear yet: the diagnosis, the treatment plan, or whether they'll accept treatment informally (Code 14.27).
It's an application, not a court order. An AMHP or the nearest relative applies, founded on two medical recommendations. The Act covers England and Wales. Scotland and Northern Ireland have their own law (ss146, 147).
Section 2 criteria
Both must apply (s2(2)):
- A mental disorder of a nature or degree that warrants detention in hospital for assessment, or assessment followed by treatment, for at least a limited period.
- Detention is justified. They ought to be detained in the interests of their own health or safety, or to protect other people.
Nature means the disorder itself: its course, its prognosis and how it has responded to treatment before. Degree means how it shows itself now (Code 14.6).
Two differences from s3 catch people out. A learning disability counts without the abnormally aggressive or seriously irresponsible conduct qualification (s1(2A), (2B)). And there's no appropriate medical treatment test. Dependence on alcohol or drugs alone never counts (s1(3)).
The 2025 Act will replace the second limb with a test of serious harm to the patient or someone else. It isn't in force yet (2025 Act s5).
How a section 2 is made: step by step
- An AMHP applies on Form A2, or the nearest relative on A1. An AMHP is usually the better applicant (Code 14.30).
- Two doctors examine the patient, together or no more than 5 clear days apart, and recommend on A3 jointly or A4 each. One must be s12 approved, and one should know the patient if practicable (s12).
- The applicant must have seen the patient within the 14 days ending on the date of the application (s11(5)).
- The patient must be admitted within 14 days, starting with the day of the last medical examination (s6(1)(a)). The hospital records the admission on H3.
More on making an application.
How long does a section 2 last?
Up to 28 days, beginning with the day of admission, so the day they arrive is day 1 (s2(4)). If they were already an inpatient, it starts when the application reaches the hospital managers (s5(1)). If it began as a s4, the 28 days count from that first admission.
It can't be renewed, and you can't follow it with a fresh s2 (Code 14.28). But s29(4) can extend it. If an application to displace the nearest relative under s29(3)(c) or (d) is pending when the 28 days end, the s2 runs on. It lasts until the court's decision is final, after any time for appeal, plus 7 days if it makes an order.
Work out the dates with the detention clock.
What happens after a section 2?
- Discharge. The , the hospital managers or the nearest relative can discharge at any time (s23). If the criteria stop being met on day 10, discharge on day 10.
- Informal admission. They stay on as an informal patient, if they agree and that's lawful (s131).
- Section 3. If they need treatment that can only be given in detention, an AMHP applies for s3 before the 28 days end. It needs two new medical recommendations (s3(3)).
- Nothing. Then the detention ends with day 28 and they're free to leave (s2(4)).
Plan the s3 decision early. The AMHP must consult the nearest relative, who can object, and the s29(4) extension only helps if the court application is made before the s2 ends.
Can you be treated on a section 2?
Yes. applies, so treatment for mental disorder can be given without consent under s63, by or under the direction of the approved clinician in charge (Code 24.12). Seek consent anyway, and record the answer (Code 24.41).
The s58 three-month clock starts with the first dose of medication in this period of detention, and it keeps running if they move on to s3 (Code 25.12). has its own rules under s58A. Treatment for an unrelated physical illness needs consent or the (Code 24.5).
Section 2 patient rights
- Information. The managers must take practicable steps to help them understand the section, its effect and their tribunal rights, orally and in writing (s132). The nearest relative gets a copy unless the patient asks otherwise.
- An IMHA. Section 2 patients qualify for an independent mental health advocate, and must be told how to get one (ss130C, 130D).
- Free legal help. They should be told about free legal advice and representation for the tribunal (Code 12.6).
- Leave. They can only leave hospital lawfully with s17 leave from their RC (Code 27.1). If they go missing, they can't be brought back once the 28 days are up (s18(5)).
How to appeal a section 2
- Apply to the First-tier Tribunal within 14 days, beginning with the day of admission (s66(1)(a), (2)(a)). The hospital should help them send it (Code 4.22).
- Only one application is allowed in that window, though a withdrawn one doesn't count (s77(2)).
- The hearing must start within 10 days of the tribunal receiving the application, usually with at least 3 working days' notice (rule 37).
- The hospital's reports must reach the panel and the patient's representative at least an hour before the hearing (Practice Direction para 9).
- The tribunal must discharge if it isn't satisfied that the s2 criteria are met (s72(1)(a)).
They can also ask the hospital managers to discharge them, at any time (Code 38.11, 38.12).
If they move on to s3 before the hearing, the application goes ahead under the new circumstances, so the reports must justify s3 (Code 12.15, 12.16). The 2025 Act will widen the window to 21 days, but not yet (2025 Act s30(1)). More on the tribunal.
The nearest relative and section 2
The nearest relative can't block a s2. The AMHP must take practicable steps to tell them, before or soon after applying, including about their power to discharge (s11(3)). That duty can give way, for example if they can't be found without unreasonable delay (Code 14.60, 14.61).
They can order discharge with 72 hours' written notice to the managers. Within those 72 hours, the RC can bar it on Form M2 if the patient, once discharged, would be likely to act dangerously (s25). On s2, unlike s3, a bar gives the nearest relative no tribunal route (s66(1)(g)). More on the nearest relative.
Section 2 vs section 3
| Section 2 | Section 3 | |
|---|---|---|
| Use it when | The diagnosis, the plan or the likely response to informal care is unclear | These are already established, or a s2 patient needs longer (Code 14.28) |
| Learning disability alone | Can be enough | Only with abnormally aggressive or seriously irresponsible conduct |
| Appropriate treatment test | No | Yes |
| Nearest relative | Told, but can't block it | Consulted, and an objection stops the AMHP applying |
| Length | Up to 28 days, not renewable | Up to 6 months, then 6, then 12 at a time |
| Tribunal | Within the first 14 days | Once in the first 6 months, then once in each renewal period |
| Afterwards | No s117 aftercare, and no | Section 117 aftercare, and a CTO is possible |
Record why you chose one rather than the other (Code 14.29). More on section 3.
Section 2 and the police
The police don't detain anyone under s2. Their own powers are ss135 and 136. Once a s2 application is complete, the applicant, or anyone they authorise, can take the patient to hospital, using reasonable force if necessary (s6(1), Code 17.13).
The police should be asked to help if violence is likely (Code 17.14). The patient is in legal custody on the way (s137). If they won't let anyone in, a magistrate can issue a s135(2) warrant for the police to enter and take them. More on police powers.
A worked example
A 23-year-old student with no psychiatric history has stopped eating because he believes his food is poisoned. He won't come into hospital. His mother, his nearest relative, is frightened but doesn't want him sectioned.
Section 2 fits. It's a first presentation, and nobody yet knows the diagnosis or whether he'd accept treatment (Code 14.27). His mother can't block it, though she could later order discharge on 72 hours' notice. By the third week, the team should know whether it's discharge, informal care or s3.
The rules in brief
- Criteria. A mental disorder of a nature or degree that warrants detention in hospital for assessment, or assessment then treatment, for at least a limited period. And they ought to be detained for their own health or safety or to protect others.
- Paperwork. Application by an AMHP (Form A2) or the nearest relative (A1), with two medical recommendations (A3 joint, or one A4 each).
- Length. Up to 28 days, starting with the day of admission. It can't be renewed: at the end it's discharge, informal care, or s3. The exception is a pending court application to displace the nearest relative because they object unreasonably, or would discharge without due regard to welfare or the public interest. That extends it until the case is finally disposed of, and for 7 more days if the court makes an order (s29(4)).
- Treatment. Part 4 applies, so medication for mental disorder can be given under s63.
- Tribunal. The patient can apply within the first 14 days, and the hearing must start within 10 days of the application.
Read more: MHA 1983, s2 · MHA Code of Practice 2015, chapter 14: Applications for detention in hospital
Work out the deadlines
Periods of days and months include the starting day. A section 2 starting on 1 January ends at the end of 28 January, and a section 3 starting on 1 January ends at the end of 30 June. Check every date with your Mental Health Act office.
Questions trainees ask
How long does a section 2 last?
Up to 28 days, counted from the day of admission. It can't be renewed. Before it ends the patient is discharged, stays informally, or is assessed for s3.
Can you be treated on a section 2?
Yes. applies, so medication for mental disorder can be given without consent under s63. The three-month rule runs from the first dose.
Can the nearest relative stop a section 2?
No. The must take practicable steps to tell them, but they can't block it. They can order discharge with 72 hours' notice, and the can bar that if the patient would be likely to act dangerously.
How do you appeal a section 2?
Apply to the tribunal within 14 days of admission. The hearing must start within 10 days of the tribunal receiving the application. You can also ask the hospital managers to discharge you.
What happens after a section 2 ends?
It can't be renewed, so by day 28 the patient is discharged, stays as an informal patient, or is detained under s3 on a new application.
What's the difference between section 2 and section 3?
Section 2 is for assessment and lasts up to 28 days. Section 3 is for treatment, needs appropriate treatment to be available, and lasts up to 6 months at first, renewable.
How long does a section 5(2) last?
Up to 72 hours from when the doctor's report is furnished to the hospital managers, for example handed to an authorised officer or put in the internal mail. It holds an informal inpatient while an assessment for s2 or s3 is arranged. A nurse's s5(4) lasts up to 6 hours.
What's the difference between section 1 and section 2?
Section 1 isn't a power to detain anyone. It defines mental disorder as any disorder or disability of the mind. Section 2 is the first of the Act's detention powers.
Test yourself
Quick-fire
Section 2 lasts up to
Show the answer
28 days
A s2 patient can apply to the tribunal within
Show the answer
14 days