Your rights under the Mental Health Act
Mental health law in England and Wales is set out in the Mental Health Act 1983 (as amended in 2007) and the Mental Capacity Act 2005. This hub explains compulsory admission under sections 2, 3, and 4, place-of-safety detention under section 136, treatment without consent and the role of the Second Opinion Appointed Doctor, the right to a Mental Health Tribunal hearing, the nearest relative's powers, Independent Mental Health Advocates (IMHAs), Community Treatment Orders, discharge and section 117 aftercare, and the move from DoLS toward the Liberty Protection Safeguards. The new Mental Health Bill is flagged where relevant.
15 guides in this section
Popular guides
View all 15Mental Health Act 1983 Basics
How sectioning works, the role of the Approved Mental Health Professional, and your fundamental rights.
Section 2 Assessment
28-day detention for assessment, the AMHP application process, and tribunal rights.
Section 3 Treatment Order
6-month renewable detention for treatment, treatment without consent, and SOAD safeguards.
Section 136: Police Powers
The 24-hour limit, place of safety arrangements, and conversion to other sections.
Mental Health Tribunal Appeals
Eligibility, free legal aid, panel composition, and how to prepare.
Nearest Relative Rights
The defined order, displacement applications, and the right to object to a Section 3.
Step-by-step guides
Follow a guided process from start to finish for common situations.
All guides in this section
Mental Health Act 1983 Basics
How sectioning works, the role of the Approved Mental Health Professional, and your fundamental rights.
Section 2 Assessment
28-day detention for assessment, the AMHP application process, and tribunal rights.
Section 3 Treatment Order
6-month renewable detention for treatment, treatment without consent, and SOAD safeguards.
Section 136: Police Powers
The 24-hour limit, place of safety arrangements, and conversion to other sections.
Mental Health Tribunal Appeals
Eligibility, free legal aid, panel composition, and how to prepare.
Nearest Relative Rights
The defined order, displacement applications, and the right to object to a Section 3.
Capacity to Make Treatment Decisions
The Mental Capacity Act 2005, the two-stage capacity test, and best interests decisions.
Community Treatment Orders (CTOs)
Section 17A, mandatory and discretionary conditions, and recall to hospital.
Independent Mental Health Advocates (IMHAs)
Your right to an IMHA, the role of advocates, and how to make a complaint.
Discharge and s117 Aftercare
Free aftercare for life, joint duty between health and social care, and ending aftercare.
Deprivation of Liberty Safeguards (DoLS)
When DoLS apply, the authorisation process, RPR and IMCA rights, and how to challenge in the Court of Protection.
Liberty Protection Safeguards (LPS)
The planned DoLS replacement under the Mental Capacity (Amendment) Act 2019 — current status and what LPS will change.
Mental Health Act Reform Status
The 2025 Mental Health Bill — nominated person, advance choice documents, learning disability/autism reform, CTO restrictions, and what applies now under the 1983 Act.
Section 135 Warrants
When Magistrates issue warrants for police to enter private homes for mental health assessment, the place of safety rules, and rights at the assessment.
Advance Choice Documents (ACDs)
How ACDs will record your mental health treatment preferences under the Mental Health Bill, and what to do now with ADRTs and Advance Statements.
Frequently asked questions
Can I appeal against being sectioned?
How long can the police hold me under Section 136?
What is Section 117 aftercare?
Do I have a right to an advocate?
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