Sectioning
Explains your rights if you're sectioned and detained in hospital under the Mental Health Act 1983.
Sectioning overview
You can be sent to stay in hospital for mental health treatment under different sections of the Mental Health Act 1983. You might hear this called ‘being sectioned’.
If you or someone you care for is sectioned, this page offers an overview of sectioning, the law and your rights.
Video: making sense of sectioning
Watch our video for a summary of what sectioning means. The video is 3 minutes and 54 seconds long.
Key facts about sectioning
To better understand what it means to be sectioned, you can read our list of key facts about sectioning and the law:
- Being sectioned means being kept in hospital under the Mental Health Act 1983. You can be sectioned if your own health or safety is at risk, or to protect other people.
- The Act consists of different ‘sections’ for different situations. This is why we call it ‘being sectioned’. Each section has different rules related to keeping you in hospital.
- The length of time you have to stay in hospital depends on which section you're under.
- Before you can be lawfully sectioned, a team of health professionals will perform a Mental Health Act Assessment.
- If you're sectioned after the assessment, health professionals can keep you in hospital and stop you from leaving the ward. They can also give you treatment for your mental health problems, possibly without your consent.
- You normally have the right to get help from an independent mental health advocate (IMHA). They can help you find out what rights you have under your section. They can also explain how to get discharged from hospital and have the section ‘lifted’.
- Sometimes your family might have to get involved. A family member called your nearest relative will gain certain rights related to your sectioning.
- If you want to challenge your section and leave hospital, there are a few ways of doing this. Your IMHA will be able to advise you.
- You don't have to be sectioned to get mental health treatment in hospital. You might go into hospital as an informal patient. You could also go in as an informal patient, then later end up being sectioned.
- Some sections also involve the police, such as sections 135 and 136.
Going to hospital without a section
If you've been sent to hospital by a court, see our information on the courts and mental health.
If you're staying in hospital without being under section, see our information on informal patients.
Informal patient
This means you've chosen to go into hospital. You haven't been sectioned. It's also called being a 'voluntary patient'.
Visit our full listing of Legal TermsNearest relative
The nearest relative is a family member. They have certain responsibilities and powers if you are detained in hospital under the Mental Health Act. These include the right to information and to discharge in some situations.
The law sets out a list to decide who will be your nearest relative. This can sometimes be changed.
See our pages on the nearest relative for more information.
Visit our full listing of Legal TermsSection
Being 'sectioned' means that you're kept in hospital under the Mental Health Act. There are different types of sections. Each have different rules to keep you in hospital. The length of time that you can be kept in hospital depends on which section you're detained under.
See our pages on sectioning for more information.
Visit our full listing of Legal TermsIndependent mental health advocate (IMHA)
An IMHA is an advocate. They're specially trained to help you find out your rights under the Mental Health Act 1983. And to help you while you're detained. They can listen to what you want and speak for you.
You have a right to an IMHA if you are:
- Detained in hospital under a section of the Mental Health Act, but not if you are under sections 4, 5, 135 and 136
- Under Mental Health Act guardianship, conditional discharge and community treatment orders (CTOs)
- Discussing having certain treatments, such as electroconvulsive therapy (ECT).
In Wales, voluntary patients can also have an IMHA.
See our page on IMHAs in England and Wales for more information.
Visit our full listing of Legal TermsMental Health Act 1983 (MHA)
The MHA is a law that applies to England and Wales. It allows people to be detained in hospital (sectioned) if they have a mental health disorder and need treatment. You can only be kept in hospital if certain conditions are met.
See our pages on the Mental Health Act for more information.
Visit our full listing of Legal TermsPublished: January 2026
Next review planned: January 2029
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