You cannot section someone yourself. Sectioning is a legal process under the Mental Health Act 1983 (England and Wales) that requires an assessment by trained professionals. What you can do is request that assessment. If you’re worried about someone’s mental health and believe they’re a risk to themselves or others, your first step is contacting your local council’s social services team, the person’s GP, or the nearest crisis mental health team. Any of these can set the process in motion.
Who to Contact First
The route you take depends on urgency. If the person is in immediate danger or poses a risk to others, call 999. Police have powers under Section 136 of the Mental Health Act to take someone from a public place to a place of safety for a mental health assessment, provided the person appears to be suffering from a mental disorder and is in immediate need of care or control.
If the situation is serious but not an emergency in the next few minutes, your most direct option is calling the local council and asking for the duty Approved Mental Health Professional (AMHP). This is the person who coordinates a formal Mental Health Act assessment. You can also contact the person’s GP, who can refer them for assessment or recommend one of the doctors involved. If the person is already known to mental health services, their crisis team or care coordinator can arrange it.
As a family member, you also have a specific legal role. The Mental Health Act designates one person as the “Nearest Relative,” determined by a fixed hierarchy: spouse or civil partner comes first, then children, parents, siblings, grandparents, grandchildren, uncles or aunts, then nephews or nieces. If you live with or care for the person, you may be given priority regardless of where you fall on that list. The Nearest Relative can formally request that the local authority arranges an assessment, and the authority is legally required to consider that request.
What Happens During the Assessment
A Mental Health Act assessment typically involves three professionals: an Approved Mental Health Professional (usually a social worker, though sometimes a nurse, occupational therapist, or psychologist), a Section 12 approved doctor (usually a psychiatrist trained in the Mental Health Act), and a second registered medical practitioner, often the person’s own GP.
The team will visit the person, identify themselves, and explain why the assessment is happening. The AMHP conducts an interview to determine whether hospital admission is the best way to provide the care and support the person needs. The two doctors separately assess the person’s mental health and may also carry out a physical examination. Both doctors must agree that detention is necessary before the person can be sectioned. The AMHP then makes the final decision on whether to apply for admission, weighing whether there are less restrictive alternatives.
If the person is at home and refuses to allow the team in, the AMHP can apply to a magistrate for a Section 135(1) warrant. This authorizes police to enter the property, by force if necessary, accompanied by the AMHP and a doctor, to carry out the assessment. This warrant is specific to the named individual and the address.
Types of Section and How Long They Last
The most common sections used are Section 2 and Section 3, and they serve different purposes.
- Section 2 is for assessment. It allows detention in hospital for up to 28 days so that doctors can evaluate the person’s condition and decide on appropriate treatment. This is typically used when the person hasn’t been assessed before or the diagnosis is unclear.
- Section 3 is for treatment. It allows detention for up to 6 months and can be renewed. This is used when the person’s condition is already known and they need a specific course of treatment in hospital.
- Section 4 is an emergency measure, used when the situation is too urgent to wait for two doctors. It requires only one medical recommendation (preferably from a doctor who knows the person, such as their GP) and allows detention for up to 72 hours. It’s rarely used and is considered a last resort. If a second doctor provides a recommendation during those 72 hours, the section can be converted to a Section 2.
What Happens if the Person Is Already in Hospital
If someone is already a voluntary patient in hospital and tries to leave but staff believe they need to stay, a doctor can use Section 5(2) to hold them for up to 72 hours while a full Mental Health Act assessment is arranged. In some cases, a senior nurse can use Section 5(4) to hold a patient for up to 6 hours until a doctor is available. These are short-term holding powers, not full sections, and they exist to bridge the gap before a proper assessment takes place.
Rights of the Person Being Sectioned
Being sectioned does not strip someone of all their rights. Every person detained under the Mental Health Act has a legal right to support from an Independent Mental Health Advocate (IMHA). This is someone with detailed knowledge of the Act who can help the patient understand what’s happening, attend meetings with them, explore alternative options, and challenge decisions. The hospital is required to provide information about how to access this service.
Detained patients can also appeal their section to the Mental Health Tribunal, an independent panel that reviews whether the criteria for detention are still met. For Section 2, the patient can apply within the first 14 days. For Section 3, they can apply once during each period of detention.
The Nearest Relative also has the power to request discharge of the patient, though this can be overruled by the responsible clinician if they certify that the patient would be a danger to themselves or others.
Your Role as a Family Member
As the Nearest Relative, you have the legal right to object to a Section 3 admission (for treatment), which can block the application unless professionals apply to a county court to override your objection. You do not have the same right to block a Section 2 (for assessment). This distinction matters: if you believe hospital admission is wrong for the person, your objection carries legal weight for longer-term treatment sections.
You also have the right to be consulted before a Section 3 is applied. If professionals believe your objection is unreasonable or that you’ve discharged the patient without proper regard for their welfare, they can apply to the court to have the Nearest Relative role transferred to someone else.
Recent Changes to the Law
The Mental Health Act has recently been reformed. The updated law, which received Royal Assent in 2025, introduces statutory care and treatment plans that give detained patients a genuine say in their treatment. Families will be more formally involved in decisions. The reforms also address racial disparities in how the Act is applied, strengthen the rights of children and young people, and end the practice of holding people in prison while they wait for a hospital bed. Periods of detention must now be focused on therapeutic benefit and kept as short as possible.