Detained under the Mental Health Act

In England and Wales, the Mental Health Act 1983 is the law that allows a person, including a child or young person, to be kept in hospital for assessment or treatment without their agreement. People say sectioned because each route has a section number: section 2 allows detention for assessment for up to 28 days, and section 3 for treatment for up to 6 months, which can be renewed.

Being detained does not remove your child's rights, or yours. There are rights to appeal Appeal A formal challenge to the SEND Tribunal about a council's EHC decision. It is free to bring, and you do not need a lawyer. Read the full definition of Appeal to a tribunal, to an independent mental health advocate Advocacy An advocate is someone who is on your side in meetings and helps you say what you want to say. Some advocacy services are free, and in some situations there is a legal right to one. Read the full definition of Advocacy , and to be involved in decisions about care, and you can ask the hospital to explain which section applies and what rights your child has. If your child is autistic or has a learning disability and you are in England, you can also ask about a Care (Education) and Treatment Review, which checks whether hospital is the right place at all.

The section numbers above are England and Wales only. Scotland and Northern Ireland have their own laws with different rules and numbers, so never assume advice written for England applies there.