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.
People aged 18+ who appear to have a mental disorder and need hospital assessment in the interests of their own health or safety, or the protection of others.
Right to apply to the Mental Health Tribunal within the first 14 days. Right to information, an Independent Mental Health Advocate (IMHA), to be told your rights, and to legal representation.
Maximum 28 days. Tribunal application window: within 14 days of admission. Cannot be renewed — must convert to Section 3 if longer detention needed.
Apply to the First-tier Tribunal (Mental Health) within 14 days. You can also ask the hospital managers to discharge you.
R v Bexley Health Authority ex parte internment; RL v St George's Healthcare (1990s) on duty to give reasons for detention.
Last updated: 8/5/2026