Sectioning

Explains your rights if you're sectioned and detained in hospital under the Mental Health Act 1983.

This information applies to England and Wales.
This information applies to adults. It doesn't apply to children unless specifically stated.
In 2025 the government passed new laws making changes to the Mental Health Act. The changes will come in stages. For now, your rights under the Mental Health Act have not changed. We'll update our information when changes happen.

What if I don't want to be sectioned?

If doctors decide to section you after your assessment, they can detain you in hospital for mental health treatment.

It might feel really difficult being taken to hospital without agreeing to this. But this is lawful under the Mental Health Act 1983.

You might feel confused, upset or angry about being sectioned. You're not alone, and our information is here to help you.

The health professionals who do your Mental Health Act Assessment don't have to wait for this to happen before making their decision.
A solicitor or legal adviser will not be able to stop you from being sectioned, but could advise on how to challenge your section. You can only challenge after you've been sectioned and taken to hospital.

How can I get legal advice?

If you'd like to find out more about getting legal advice, we have an information section on advocacy in mental health.

Go to advocacy pages

Can I be sectioned without my consent?

Sectioning does not require your consent. It's usually the last thing doctors will try to get you mental health treatment and support. They should've tried other things before sectioning you, like asking you to go into hospital as an informal patient.

You might try to prevent entry to health professionals trying to section you in the place you live. It would normally be against the law for anyone to enter without your consent. But the health professionals who want to assess you for sectioning can lawfully enter the place you live.

The Mental Health Act 1983 allows an approved mental health professional (AMHP) to ask for help from the police to get in. They can also break in, if necessary. The police will come with the AMHP and a registered medical practitioner.

When are the police allowed to break in?

To assess you for sectioning, the police and health professionals can enter the place you live by breaking in. To break in, they must have reason to believe 1 of these conditions:

You're living on your own and not caring for yourself.
Someone else is caring for you, but you're not kept under proper control.

After entering, the police and health professionals can take you to hospital or another place of safety. They'll then do your Mental Health Act Assessment. In some cases, they might do the assessment where you live.

To find out more, see our information on police and mental health, and sections 135 and 136.

You should not be detained for assessment for longer than 24 hours. But if they decide to section you, then you might have to stay in hospital for a longer time. This will depend on the type of section.

Can I refuse to go to hospital?

If you've been assessed and then sectioned, the AMHP, police and the other health professionals have the right to take you to hospital. This right is set out in the Mental Health Act 1983.

If you refuse to go to hospital with them, they have the right to use ‘reasonable force’ to take you there. An example of this might be using restraint. They might also ask the police to help with this.

While it might feel difficult or frightening, your sectioning is lawful. You have to go to hospital if the health professionals have:

Followed every step of the process as set out in the Mental Health Act 1983.
Filled in your section papers correctly. These are documents which outline your reasons for assessment and admission to hospital.

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