Renewal of Detention
Civil SectionsWhat this section does
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.
Who it applies to
Patients detained under Section 3 or under guardianship whose current period of detention is nearing its end.
Your rights
You must be told about the renewal and your fresh tribunal rights, in writing. Hospital managers must refer your case to the tribunal if you do not apply during the window.
Time limits
Section 3 is renewed at 6 months, then after a further 6 months, then every 12 months thereafter.
How to challenge it
Apply to the First-tier Tribunal: once in the second 6-month period, then once in every 12-month period. If you do not apply, you will be referred automatically in the second 6 months, and again after 3 years as an adult (12 months for children and adolescents).
Key cases
R (BP) v South London and Maudsley NHS Foundation Trust (2003) on the basis for renewal.
Last updated: 9/13/2026