Sectioning

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

Your rights after being sectioned

If doctors decide to keep you in hospital under a section of the Mental Health Act 1983, you'll gain certain rights. But you might not have all of the same rights as before you were sectioned.

It's important to understand what rights you have while under section, as well as after leaving hospital.

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

What are my rights when sectioned in hospital?

If you're sectioned and detained in hospital, you still have certain legal rights. You'll also gain some new rights related to being sectioned.

While under section, you should have the right to:

• Get leaflets with information about your section. If you aren't given leaflets as soon as you arrive on the ward, ask the ward manager or a senior member of your care team. You could also tell an independent mental health advocate (IMHA), who can get them for you. The NHS should be able to provide any information leaflets in different languages.
• Get help and support from an IMHA. They can help you understand whatever you need to know about your section. They can also help you make a complaint.
• Challenge your section at the Mental Health Tribunal. This is a special court that can discharge you from certain sections. To find out more, see our information on challenging your section.
• See a copy of your sectioning papers. If you want to see these, ask the ward staff or your IMHA. You'll usually get a paper copy, but you could ask to have an electronic copy emailed to you.
• See a copy of the Mental Health Act Code of Practice. In hospital, you should be able to see a copy digitally or on paper. You can also access a PDF version of this on the UK Government website.
• Ask for a meeting with the hospital managers. You might want to meet them to discuss or review your section. Ask your IMHA for more information.
• Make a complaint about your care. In England, you can complain to the Care Quality Commission. In Wales, complain to the Healthcare Inspectorate.
• Have some leave from the ward. You should be able to go out of your ward or the hospital if your responsible clinician (RC) gives you ‘leave of absence’. You might hear this called section 17 leave. For more information, jump to our section about going on leave.
• Vote in local and general elections. You still have the right to vote unless you were sent to hospital by a criminal court, or transferred from prison.
• Have some phone access and visitors in-person. Every hospital has its own rules about ward visiting hours, so you'll need to check with your care team.

What information do I have a right to while sectioned?

While in hospital under a section, you have the right to ask for and get important information related to your situation. This should include:

• Which section you've been detained under, or if you're on a community treatment order (CTO).
• How to apply to the Mental Health Tribunal if you want to challenge your section.
• How to contact a solicitor who specialises in mental health.
• How to get help from an IMHA and what ways they can help you.
• Information about your rights and how to get discharged from your section. Discharge usually involves your RC, hospital managers or nearest relative.
• The ‘consent to treatment’ rules, which should explain when doctors can give you treatment in hospital, even if you don't want them to. To find out more about what this means, see our information on consent to treatment.
• General rules about getting emails, calls, texts and visitors in your ward or the hospital you're in.

Can I find out why I've been sectioned?

If you want to find out the reasons why you've been sectioned, you can:

• Look at your medical notes and records. You could ask your IMHA to help you do this. To find out how to make this request, see our page on accessing your personal information.
• Ask your RC. Your notes might say you've behaved in a way that has posed a risk to yourself or others, or has harmed your health. You can ask your RC to specify what behaviour they're talking about. They should answer your questions about your mental health problem, treatment and any medication. They should give you information about side effects, why they've chosen this treatment and how long you might spend in hospital.
• Discuss your situation with ward staff. They might be able to explain what's written in your medical notes. You can also ask about anything that happens on the ward. You might ask about ward rounds, how often your RC will come to see you and if any other professionals will want to talk to you.

How do I get leave if I'm sectioned?

You should expect to spend most of your time on the ward, but you should be able to have some time away. In hospital, you'll hear this called ‘having leave’, ‘being on leave’ or ‘going on leave’.

When you first arrive to stay in hospital under a section, you probably won't be allowed to leave the ward. The Mental Health Act gives nursing staff and other health professionals the power to keep you on a locked ward, if they need to.

If you want to get leave from the ward, you can usually ask your RC for permission. You'll need to:

• Ask your RC when they visit you on a ward round. Or ask the ward staff to tell them that you need to see them, if your request is urgent.
• Explain your reasons for wanting leave. You might need to put this in writing. They should tell you if they need to speak to anyone else about your leave. This might include your family, carer or another professional.

Sometimes you can leave the ward along with hospital staff. This is called escorted leave. But the hospital doesn't have a legal duty to agree to this. They might refuse if they think you or someone else could be at risk if you left the ward.

If you're on leave from hospital for over 7 days, your RC should consider whether to put you on a CTO instead.

If your section is lifted, but you stay in hospital as an informal patient, your rights to leave the ward will change. To find out more, see our information on informal patients.

Can I refuse treatment in hospital?

You can refuse treatment in hospital if you're under:

• Either section 4, 5, 35, 135 or 136
• Guardianship (section 7)
• Conditional discharge

In any of these cases, you have the right to refuse treatment for your mental health. However, you might get treatment in an emergency.

In other situations, you cannot refuse treatment. Health professionals can legally treat you without your consent if you meet all 3 of these conditions:

• You're in hospital under specified sections, including sections 2, 3 and 37.
• The treatment is for your mental health problem.
• Your RC has prescribed the treatment.

They might give you treatment even if you physically resist it. They might use a form of restraint to do this.

Can I complain about my experience in hospital?

You have the right to complain about anything that happened to you in hospital. You can do this while you're still in hospital, or after you leave hospital.

An IMHA can help you make a complaint and advise on where to send it. You might complain:

• Directly to the hospital
• To the regulator in England, called the Care Quality Commission
• To the regulator in Wales, called the Healthcare Inspectorate

Can I challenge my section?

In certain situations, you can ask for your section to end and get discharged from hospital. You might hear this called ‘challenging your section’.

You don't have the right to challenge every type of section. It also depends on what stage of the process you're at. If the health professionals decide to section you after your assessment, it's not usually possible to challenge at this point.

But once you've been sectioned and you're in hospital, you can challenge your section by asking your:

• Responsible clinician (RC). They can give an order in writing to hospital authorities.
• Hospital managers. They can end your section even if your doctor doesn't agree.
• Nearest relative. They can apply for your section to end. If your doctor doesn't agree with your nearest relative, your section will continue.

Another option is to apply to the Mental Health Tribunal, but you might want an IMHA to help you with this. The tribunal is a special court that's separate from the hospital. It has the power to end your section even if your doctor doesn't agree.

You'll usually meet with the hospital managers or Mental Health Tribunal in person, but it could be over the phone or by video call. You should have the right to a free mental health solicitor for the tribunal hearing.

How does a section end?

Certain sections end after a set amount of time. For example, a section 3 lasts up to 6 months unless doctors decide to extend it. Or your RC can end your section at any time if they don't think you need it anymore.

When your section ends, it doesn't always mean that you'll leave hospital. You might need to need to stay longer for treatment and support. But rather than being in hospital under a section, you'll become an informal patient.

What are my rights after I leave hospital?

When your section ends and you leave hospital, some rights will be the same as before. Others might seem slightly different.

After being discharged, you should have the right to:

• Be free from discrimination based on your mental health history. You also have the right to take action if you experience disability discrimination under the Equality Act 2010.
• Vote in elections. You'll need to register with your local council at the address of the place you live after leaving hospital.
• Travel abroad. You can travel outside the UK, but some countries might restrict people with a history of mental health problems. The Equality Act protects you from discrimination like this in the UK, but not abroad. Check with the embassy of the country you want to visit, as you might not be able to get a Visa. You can also read our information on insurance cover and mental health.
• Drive in the UK. If you have a severe mental health diagnosis or take certain types of medication, your licence might be suspended for a while. To find out more, see our information on fitness to drive or visit the DVLA website.
• Make a complaint about your experience in hospital. You have the right to complain about anything that happened to you in hospital, even after you leave. To find out more, see our information on complaining about health and social care.

How do I access aftercare services?

Before you leave hospital, someone should explain if you have the right to aftercare services. They should also tell you whether you'll get these services for free or if you'll have to pay.

You might be entitled to section 117 aftercare. Or you might have a care plan which outlines your right to certain services. As this is often means-tested, you might have to contribute some money towards your services. You should be invited to discuss your care plan before you leave hospital.

Published: January 2026

Next review planned: January 2029

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