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Section 58A

Electroconvulsive Therapy (ECT)

Consent to Treatment

What this section does

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.

Who it applies to

Detained patients. For informal patients, ECT is governed by the Mental Capacity Act and common law instead.

Your rights

You can refuse ECT and your refusal must be respected. If you cannot consent, a second-opinion doctor must consult your care team and someone close to you before certifying the treatment.

Time limits

Applies from day one of detention — there is no equivalent of the 3-month rule that applies to medication under Section 58.

How to challenge it

Refuse the treatment; ask for the second-opinion certificate; get help from your IMHA, solicitor or the hospital managers.

Key cases

R (PS) v Responsible Medical Officer (2003) on second opinions for treatment.

Last updated: 9/13/2026