Section 58

Treatment Requiring Consent or Second Opinion

Consent to Treatment

What this section does

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.

Who it applies to

Detained patients where medication beyond 3 months (or ECT) is being given for mental disorder.

Your rights

Right to refuse. If you refuse, a SOAD (second opinion appointed doctor) must assess and authorise. Right to information about the treatment.

Time limits

The 3-month rule: medication for mental disorder can be given without consent for up to 3 months from Section 3 start, then consent or SOAD needed.

How to challenge it

Challenge via hospital managers, complaint, or judicial review. Refuse treatment; ask for second opinion.

Key cases

B v Crouch; T v UK (ECT); cases on consent and capacity under MHA.

Last updated: 8/5/2026