Plain-Language Act Guide

A jargon-free guide to every key section of the Mental Health Act.

CTO (Section 17A-17G)

Community Treatment Order

Allows a responsible clinician to recall you to hospital for treatment if you are under Section 3 and granted conditional community leave.

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Section 117

Aftercare

If you were detained under certain treatment sections, you have a right to free aftercare services after leaving hospital, with no time limit.

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Section 130A

Independent Mental Health Advocates (IMHA)

Gives you the legal right to help from an Independent Mental Health Advocate — someone independent of your care team who helps you understand your rights, attend meetings with you, and speak on your behalf. Professionals must allow your IMHA access to you, in private if you wish.

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Section 132

Duty to Give You Information

Hospital managers must tell you, both orally and in writing, that you are detained, under which section, and what your rights are — including how to apply to a tribunal, how to get legal help, and your right to an IMHA. They must repeat this as your situation changes, and give similar information to your nearest relative.

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Section 135

Warrant to Remove

A magistrate's warrant that allows a police officer (with a doctor and AMHP) to enter premises and remove a person who appears to have a mental disorder, to be assessed.

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Section 136

Public Place Removal

A police officer can remove you from a public place to a place of safety if you appear to have a mental disorder and need care or control.

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Section 17

Leave of Absence

Lets your Responsible Clinician give you time away from the hospital while you remain legally detained — from a few hours to overnight stays and longer visits home, often used to test readiness for discharge. Leave can carry conditions, such as where you stay or taking medication, and you can be recalled to hospital at any time.

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Section 2

Admission for Assessment

Allows a hospital to keep you for assessment for up to 28 days. Used when you have a mental disorder and need assessment in hospital. Two doctors must agree.

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Section 20

Renewal of Detention

Detention under Section 3 (and guardianship) does not roll on automatically — it must be actively renewed. Renewal requires the detention criteria to still be met, supported by fresh medical recommendations. If it is not renewed, your detention simply expires.

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Section 29

Displacing the Nearest Relative

Lets a county court remove someone from acting as your 'nearest relative' if they are unsuitable — for example the relationship is abusive, they cannot be found, or they are acting against your interests — and appoint someone else in their place.

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Section 3

Admission for Treatment

Allows a hospital to keep you for treatment for up to 6 months, and can be renewed. Used when you need treatment for a mental disorder and assessment alone was not enough.

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Section 37

Hospital Order

A criminal court can order you to be admitted to hospital for treatment (or guardianship) instead of prison, following conviction or a finding of impairment.

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Section 4

Emergency Admission

An emergency measure that lets you be admitted for assessment for up to 72 hours when only one doctor is available and delay would be dangerous.

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Section 41

Restriction Order

A judge can add a restriction order to a Section 37 hospital order, meaning discharge, transfer or leave need the Home Secretary's approval.

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Section 5(2)

Holding Power (Informal Patients)

A short holding power to stop a voluntary (informal) inpatient from leaving hospital, while a fuller assessment or section application is arranged.

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Section 5(4)

Nurse's Holding Power

Allows a registered mental health nurse to hold an informal patient already being treated for mental disorder for up to 6 hours while a doctor arrives.

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Section 57

Treatment Requiring Consent (Irreversible Treatments)

A small group of irreversible treatments — psychosurgery and surgical implantation of hormones to reduce sex drive — can never be given without your valid consent. Even when you consent, an independent second-opinion doctor must certify that the treatment is appropriate.

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Section 58

Treatment Requiring Consent or Second Opinion

Some forms of treatment (e.g. certain medication or ECT) for detained patients require either your consent (with certificate) or a second-opinion doctor's approval.

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Section 58A

Electroconvulsive Therapy (ECT)

Electroconvulsive therapy (ECT) has its own safeguards. For detained patients, ECT cannot be given unless you consent — or, if you cannot consent, an independent second-opinion doctor certifies that it is appropriate. Unlike medication, your valid refusal can never be overridden.

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Section 62

Urgent Treatment

Allows urgent treatment for mental disorder without consent where it is immediately necessary to prevent serious suffering or danger.

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Section 7

Guardianship

Places you under the care of a guardian — usually your local authority — while you continue living in the community. The guardian can require you to live at a particular place and to attend appointments for medical treatment, training or work, but cannot force you to have treatment or physically detain you.

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