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.

Family rights and sectioning

If you're sectioned, your family or close relatives might need to be involved in the process. Sometimes, they'll gain certain rights related to you being sectioned.

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

Under 18?

We have info about being sectioned.

Get info for young people

Can my family get me sectioned?

Family members can report concerns about your mental health so that you might be assessed for sectioning. Even if you're assessed, it doesn't mean that you'll definitely be sectioned. Your nearest relative should normally be the only family member who can ask for you to be assessed.

Your nearest relative can report concerns about your mental health in either 1 of these ways:

Tell an approved mental health professional (AMHP) their concerns. This might lead to you getting a Mental Health Act Assessment. Normally they can contact an AMHP through your local authority.
Apply for you to be sectioned by filling in a form and sending to your local authority. But normally an AMHP would do this.

If the AMHP decides to section you after an assessment, they should tell your nearest relative. They should do this before they complete the process and take you to hospital. Your nearest relative will gain certain legal rights if you're sectioned.

Do I have to say who my nearest relative is?

Nobody can force you to tell the AMHP anything about yourself if you don't want to. But the AMHP has a legal duty under the Mental Health Act to consult your nearest relative.

If they can, they'll find out your nearest relative's details and consult them. They'll do this unless they face either 1 of these issues:

It's not practical for them to consult your nearest relative.
Consulting your nearest relative would cause unreasonable delay.

Can my family stop me from being sectioned?

If your nearest relative doesn't think you should be sectioned, they have the right to object to section 3. However, if the AMHP decides to put you under section 2, your nearest relative cannot object.

When you're detained in hospital, your nearest relative can also apply for your section to end. Again, this will depend on which type of section you're under.

If your doctor doesn't agree with your nearest relative, your section will continue. If this happens, your nearest relative could then ask the hospital managers or the Mental Health Tribunal to end the section.

For more information, see our page on discharge by the nearest relative.

What if I don't want my nearest relative to be involved?

The Mental Health Act 1983 has rules for deciding who your nearest relative is. If you would prefer someone else, there are ways to change your nearest relative.

If you're sectioned, you can request that information about your care or treatment should not be shared with your nearest relative.

You have a right to make this request. In most cases, hospital staff and health professionals should respect your wishes. You should also be able to tell your care team that you do not want this person visiting you in hospital.

Example: Hari's nearest relative

Hari has a history of physical abuse from their childhood. Because of this, they're still not close with their father and would prefer him not to be involved in their care.

Hari's section 2 is coming to an end and they'll be going home in a few days. They live in a shared flat with friends.

The hospital managers have a duty to tell Hari's father, as nearest relative, when they're being discharged. But Hari says that they absolutely do not want their father to be told this or any other information about them. The hospital has to respect Hari's wishes.

Understanding the nearest relative

If you'd like to find out more, we have an information section on nearest relatives.

Go to nearest relative pages

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