Nigel Turner's HyperGUIDE to the Mental Health Act

Section 2

Admission for Assessment

Summary

Section 2 provides the authority for someone to be detained in hospital for assessment. It requires an Application which is based on two Medical Recommendations.

Duration

Up to 28 days. There is no provision for this section to be renewed or extended. The imposition of a second Section 2 immediately after the end of the initial 28 days is not explicitly prohibited in the Act, but would be extremely bad practice. The 28-day period is intended to give sufficient time for an assessment of the person's mental health difficulties to be made. If continued detention is required, then Section 3 should be used.

Conditions

The grounds for the Application, as stated in the Act, are that the person:

• is suffering from mental disorder of a nature or degree which warrants the detention of the patient in a hospital for assessment (or for assessment followed by medical treatment) for at least a limited period; and
• he ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons.

Notes

This Section will typically be used when someone is compulsorily admitted to hospital for the first time, or on subsequent admissions where there is a considerable gap of time between periods in hospital. If a person is well known to a psychiatric service and relatively little specific assessment is needed, then they may be admitted under Section 3 - for treatment. Section 2 also provides for treatment during or following the assessment, but for the limited 28-day period .