Introduction

The Mental Health Act 1983 (the act) makes sure people get the right care and support when they are having a mental health crisis and services in the community can no longer help them to keep safe and well.

This information is for the nearest relative of a person who has had an assessment under section 2 or 3 of the act and who has:
• been detained in a hospital; or
• been admitted to a hospital and is staying there voluntarily.

‘Nearest relative’ is a legal role, and the person who provides it has an important role to play in supporting the legal rights of the person who has had an assessment. The nearest relative role is also important if the person who has had the assessment is being admitted to guardianship under section 7 of the act. See 'What if the person wants to appeal against being detained?' for more information about appealing against guardianship.

Detention under section 2 of the act

By law, a person can be detained in a hospital for up to 28 days. During this time, the person cannot leave the hospital without a doctor’s permission.

The purpose of detaining a person is to give medical staff enough time to find out about their mental health condition and decide how to provide them with help to manage it.

A detention under section 2 cannot be extended.

Detention under section 3 of the act

By law, a person can be detained in a hospital for up to six months. During this time, they cannot leave the hospital without a doctor’s permission.

The purpose of detaining a person under section 3 is to provide them with treatment for their mental health condition.