1 in 4 people will suffer with mental illness in their lifetime.  With such a high probability it is hardly surprising that for a few people this will result in an admission to hospital.  For some people this is on a voluntary basis but for many who do not believe they are unwell or do not believe they need to be in hospital this results in compulsory detention.

One way to compulsorily detain a person is under section 2 of the Mental Health Act.  Here are 5 things you maybe didn’t know about section 2:

  1. Section 2 allows a person to be detained in hospital to assess whether they have a mental health problem and to allow the professionals to treat them if appropriate.
  2. Section 2 can last for up to 28 days.
  3. A person can appeal against their detention to a Mental Health Tribunal within 14 days of detention and a hearing is usually held within 7 days of appealing.
  4. A person can be discharged from section 2 by the clinician responsible for their care, their Nearest Relative, the Mental Health Tribunal or an independent body called the Hospital Managers.
  5. Most treatments can be given against a person’s will but some, such as ECT, cannot.

David Gray Solicitors LLP, based in Newcastle upon Tyne have a dedicated Mental Health Team who can advise you on this complex area of law and represent you or a loved one if they wish to appeal against being detained under section 2. For more information on legal matters regarding mental health, please visit http://www.davidgray.co.uk.