How to Section Someone Under the Mental Health Act (UK)
How to Section Someone Under the Mental Health Act (UK)
Understanding the legal process of sectioning under the Mental Health Act is crucial for families, professionals, and anyone involved in mental health care. This guide explains the key steps, criteria, and rights involved in legally sectioning someone in the UK—based on 2025 best practices.
What Does Sectioning Mean?
Sectioning refers to the formal process where a person is admitted to a mental health hospital under specific legal powers. It allows medical professionals to provide urgent treatment when someone is deemed unable to care for themselves due to mental illness. This applies primarily to Section 2 (short-term) and Section 3 (longer-term) hospital orders, each with distinct legal requirements.
When Is Sectioning Required?
A mental health professional must determine that three essential criteria are met: the person poses a significant risk to their own health or safety, or to others; their condition prevents them from making safe decisions; and less restrictive options (like voluntary care) are not feasible. These assessments are made by psychiatrists or approved clinicians following strict clinical guidelines updated in 2024–2025.
The Legal Process Step by Step
- Initial Assessment: A GP, emergency department doctor, or crisis team evaluates the individual’s mental state and risk level. If immediate intervention is needed, temporary 72-hour detention under Section 136 (now part of broader Mental Health Act reforms) may be initiated.
- Clinical Review: A senior psychiatrist reviews the case within 72 hours. They confirm the legal thresholds and decide whether a formal sectioning order is justified. This review emphasizes patient dignity and proportionality.
- Legal Authorization: For Section 2, a doctor applies for a hospital order via the Mental Health Tribunal. Section 3 requires court approval after a tribunal hearing, ensuring judicial oversight.
- Hospital Admission and Treatment: Once approved, the person is admitted to a licensed mental health facility. They retain rights to legal representation, regular reviews, and appeal processes, as mandated by the 2024 Mental Health Act amendments.
Key Roles and Responsibilities
- Healthcare Professionals: Must act within legal boundaries, document thoroughly, and advocate for patient autonomy.
- Family Members and Carers: Can request assessments but do not have direct power to section—they support the process through information sharing.
- Legal Representatives: Must be notified promptly and allowed to challenge detention if necessary.
- Tribunals and Courts: Safeguard rights by reviewing sectioning decisions independently and promptly.
Patient Rights During Sectioning
Every individual retains core rights, including:
- The right to be informed about the reasons for detention
- Access to a lawyer and independent advocate
- Regular reviews of their condition and legal status
- Protection from unnecessary restraint
- The right to challenge their sectioning in court
Modern Reforms and Best Practices (2024–2025)
Recent updates emphasize recovery-focused care, reduced stigma, and faster judicial checks. Mental health teams now prioritize crisis intervention with de-escalation techniques before resorting to sectioning. Patient-centered communication and shared decision-making are increasingly central, reflecting updated guidance from NHS England and the UK Parliament’s Mental Health Review.
Conclusion
Sectioning under the Mental Health Act is a serious legal step, grounded in strict safeguards to protect vulnerable individuals. By understanding the criteria, process, and rights involved, families and professionals can navigate mental health crises with greater clarity and compassion. If you or someone you care for faces a mental health crisis, act promptly—seek qualified help, request assessments, and ensure all legal protections are upheld. Stay informed, stay vigilant, and advocate for humane, rights-based care every step of the way.