Section 5
Section 5 is used by a doctor or nurse to prevent someone leaving hospital who is a voluntary patient. It should be used only in circumstances where it is "not possible or safe to use section 2, 3, or 4".
Section 5(2) is the doctor's holding power. The doctor in charge of your care at the time or one nominated by him/her must produce a report about you stating how the criteria are met and reasons why "informal treatment is no longer appropriate". Section 5(2) can be used both in a psychiatric hospital and a general hospital.
Section 5(4) is the nurse's holding power. This power can only be used if you are receiving in-patient treatment for a mental disorder so that:
you are is suffering from mental disorder to such a degree that it is necessary your health or safety or for the protection of others for you to be immediately stopped from leaving the hospital; and it is not practicable to get a doctor to attend who might place the patient on section 5(2).
how long can I be detained for?
Under a section 5(2), you can be held for up to 72 hours. This is not renewable. You must be assessed as quickly as possible by an Approved Social worker (ASW) and doctors for possible admission under the Mental Health Act.
Under section 5(4), you can be held up to 6 hours. This is not renewable The holding power ends as soon as a doctor arrives. The doctor may transfer you onto a 5(2) or section 2, or 3 or you may continue as a voluntary patient.
what are my rights on a section 5?
If you are placed on a section 5(2) you should be given a leaflet 3 by a member of the hospital staff which explains your legal rights.
If you are placed on a section 5(4) you should be given a leaflet 13 by a member of the hospital staff which explains your legal rights.
can I be treated against my will?
If immediate treatment is necessary (for example, if you are very agitated), treatment can be given without your consent.
who can discharge me?
You can will be automatically discharged from section 5 once the detention time elapses and if you have not been transferred onto a further section.
what sort of aftercare can I expect?
Under a section 5, it is more likely that you will be admitted informally or under an different section. However, when you are discharged a care plan should be drawn up under the Care Programme Approach scheme. Many hospitals also agree to contact you within 7-14 days of discharge to see how you are getting on.
Section 5(4) is the nurse's holding power. This power can only be used if you are receiving in-patient treatment for a mental disorder so that:
you are is suffering from mental disorder to such a degree that it is necessary your health or safety or for the protection of others for you to be immediately stopped from leaving the hospital; and it is not practicable to get a doctor to attend who might place the patient on section 5(2).
how long can I be detained for?
Under a section 5(2), you can be held for up to 72 hours. This is not renewable. You must be assessed as quickly as possible by an Approved Social worker (ASW) and doctors for possible admission under the Mental Health Act.
Under section 5(4), you can be held up to 6 hours. This is not renewable The holding power ends as soon as a doctor arrives. The doctor may transfer you onto a 5(2) or section 2, or 3 or you may continue as a voluntary patient.
what are my rights on a section 5?
If you are placed on a section 5(2) you should be given a leaflet 3 by a member of the hospital staff which explains your legal rights.
If you are placed on a section 5(4) you should be given a leaflet 13 by a member of the hospital staff which explains your legal rights.
can I be treated against my will?
If immediate treatment is necessary (for example, if you are very agitated), treatment can be given without your consent.
who can discharge me?
You can will be automatically discharged from section 5 once the detention time elapses and if you have not been transferred onto a further section.
what sort of aftercare can I expect?
Under a section 5, it is more likely that you will be admitted informally or under an different section. However, when you are discharged a care plan should be drawn up under the Care Programme Approach scheme. Many hospitals also agree to contact you within 7-14 days of discharge to see how you are getting on.
