If your relative is sectioned, they are taken to hospital because professionals believe their mental health puts them or others at risk. This is only done when no other options can keep them safe. Here’s what you need to know.

Brief overview

• Being sectioned means your relative is kept in hospital for their safety and the safety of others.
• They have rights to appeal, support from advocates, and involvement of their nearest relative.
• Discharge can happen through several routes, and a care plan is created for ongoing support.
  
  

Detention in hospital

Your relative will be kept in hospital for assessment and treatment. NHS staff may provide care even if your relative doesn’t want it, depending on their situation. The section of the Mental Health Act used will affect their rights and how long they stay. 

Read more about what happens when someone is sectioned.

Rights and support

Your relative has the right to appeal their detention and can get help from an independent advocate. Their detention can end if their responsible clinician, nearest relative, hospital managers, or a tribunal decide they no longer meet the conditions. If the section ends and isn’t renewed, they may be discharged. Sometimes, they might choose to stay in hospital voluntarily after discharge.

Role of the nearest relative

The “nearest relative” is a legal term. This person has certain rights, like asking for an assessment or applying for discharge, but cannot make all decisions. Mental health professionals make the final decisions about care and treatment.

Find out more about the role of the nearest relative on our decision-making page.

Discharge process

Your relative can be discharged by their responsible clinician, nearest relative, hospital managers, or a tribunal. Before discharge, a care plan should be put in place to support them in the community. If discharged from the Mental Health Act, they may stay in hospital as a voluntary patient.
 
Learn about discharge from the Mental Health Act on our discharge information page. 

Advocacy and legal support

Your relative has the right to an advocate while sectioned. Advocates help them understand their rights and make their wishes known, but do not have legal power to make decisions. If a health and welfare Lasting Power of Attorney was set up before being sectioned, that person can make some decisions about care, but professionals still make key decisions under the Mental Health Act.