Nigel Turner's HyperGUIDE to the Mental Health Act

Section 5

Detention of People who are already Voluntary Patients in Hospital

This Section contains powers for a doctor [in the case of Section 5(2)], or a nurse [in the case of Section 5(4)] to prevent someone who is otherwise a voluntary patient from leaving hosptial.

Doctor's Holding Power: Section 5(2)

Summary

A person who is a voluntary patient in hospital can be legally detained there if a registered medical practicioner provides the Mental Health Act Managers with an appropriate report.

Duration

Up to 72 hours. There is no provision for this period to be extended. The Section ends when an assessment has been completed as to whether admission under another Section is required.

Conditions

The only ground for a Section 5(2) is that an Application for admission under the Act "ought to be made", in the opinion of the doctor.

Notes

The registered medical practicioner who exercises the doctor's holding power must be the doctor who is in charge of the person's care, or one alternative doctor formally nominated by the one in charge of treatment. It is regarded as extremely bad practice for the immediate outcome of Section 5(2) to be a Section 4 . The 72-hour period is regarded as sufficient time to arrange a Section 2 or Section 3 if necessary.

Nurse's Holding Power: Section 5(4)

Summary

A person who is a voluntary patient in hospital can be legally detained there if it appears to a suitably qualified nurse that the conditons below are met. The nurse simply has to record in writing that the conditions are met. This written record has to be conveyed to the Mental Health Act Managers (or a member of staff acting on thier behalf) as soon as possible.

Duration

Up to 6 hours. There is no provision for this period to be extended. The Section ends when a doctor who is entiled to impose a Section 5(2) arrives. If the doctor imposes a Section 5(2), the 72 hour period of the section 5(2) starts from the time of the original Section 5(4) report by the nurse.

Conditions

The grounds for the Application are that it appears to the nurse:

• that the patient is suffering from mental disorder to such a degree that it is necessary for his health or safety or for the protection of others for him to be immediately restrained from leaving the hospital; and
• that it is not practicable to secure the immediate attendance of a medical practitioner for the purpose of furnishing a report under Section 5(2).

Notes

This Section allows a nurse to prevent a voluntary patient from leaving the ward pending the arrival of the doctor who could, if necessary, impose a Section 5(2). The nurse must be a qualified "first level" nurse.