The Mental Health Act — What It Is and Who It Affects

The Mental Health Act 1983 (amended in 2007) is the legislation that governs the compulsory assessment and treatment of people with serious mental health conditions in England and Wales.

Sections of the Act

  • Section 2: admission for assessment — up to 28 days
  • Section 3: admission for treatment — up to 6 months, renewable
  • Section 136: police power to remove someone from a public place to a place of safety

Rights of detained patients

Detained patients have the right to an Independent Mental Health Advocate (IMHA), to appeal to a Mental Health Tribunal, and to receive information about their rights. A nearest relative also has rights under the Act.

This is general information. The Mind Legal Line (0300 466 6463) can provide advice about your rights under the Mental Health Act.

Related Printables

← All Glossary Terms