Different laws across the UK: This guide explains the Mental Health Act in England and Wales. For other laws and rights, see Scotland or Northern Ireland.
Can I get someone sectioned?
You can ask services to assess them, but relatives do not decide whether someone is detained. That decision follows a professional assessment under the law. Asking for help does not automatically mean hospital admission.
When you call, describe what has changed, the risks you are worried about and why the help currently available is not enough. You do not need to decide which section might apply. If help cannot wait, use urgent help.
What you can do
- You can ask for an assessment. Contact the local council's adult social care or AMHP service. A nearest relative has a specific legal right to request an assessment.
- Give the AMHP relevant information. Describe the changes and risks you have observed.
- Ask the practical questions: which hospital, can you visit, when you'll know the outcome.[1]
Once they have been admitted
Save the ward's direct number and ask who to contact about day-to-day care. Check whether they want a visit, what they need brought in and how you can pass on important information. Ask staff to record who the person wants involved in updates and care discussions.
The hospital visiting guide covers belongings, difficult visits, ward rounds and raising concerns. It also applies to people who have agreed to admission without being sectioned.
The University of Bristol’s Resources for Nearest Relatives explain the role in England and Wales, questions to ask and ways to get support for yourself. Use them alongside advice from the AMHP or hospital Mental Health Act office about which rules apply.
Who's in the room
A standard assessment for Section 2 or Section 3 normally involves two doctors and an AMHP (an Approved Mental Health Professional). At least one doctor has specialist Mental Health Act approval. The doctors make medical recommendations. The AMHP decides whether to make the application for detention and should consider alternatives.
The "nearest relative" has legal powers
This is a specific legal role chosen by rules in the Mental Health Act. It is not the same as next of kin. Rights depend on the section and can include requesting an assessment, being consulted and applying for discharge. Ask the AMHP who the nearest relative is and which rights apply.
The Mental Health Act 2025 provides for this role to be replaced by a nominated person who can be chosen by the patient. Those provisions are not yet in force, so the nearest-relative rules continue to apply for now. Ask the AMHP or hospital Mental Health Act office what is in force at the time.
Mind: nearest-relative rights.
Mental Health Act 2025: nominated-person provisions and commencement status.
The common sections, briefly
- Section 2: up to 28 days, for assessment. The usual first step.
- Section 3: up to 6 months, for treatment, usually when there's a known illness.
- Section 136: police take someone from a public place to a place of safety for up to 24 hours. Not a criminal matter.
Recording choices before another crisis
An Advance Choice Document records the person's preferences for future care and treatment. The Mental Health Act 2025 includes provisions for advance choice documents in England and Wales. Ask the care team or hospital Mental Health Act office which provisions currently apply and how the person can record and share their wishes.
Mental Health Act 2025: advance choice documents. Planning ahead with an Advance Choice Document explains where to start with the person.
The Mental Health Act 2025 is being introduced in stages. Ask the AMHP or hospital Mental Health Act office which provisions are in force at the time.
Advocacy and challenging the detention
Ask the ward how the person can contact an Independent Mental Health Advocate (IMHA). An IMHA supports the patient to understand and use their rights.
Depending on the section, the person may be able to apply to the Mental Health Tribunal and ask the hospital managers to review the detention. Time limits can be short. For Section 2, a tribunal application must usually be made within 14 days of the detention starting. Ask the IMHA or a mental-health solicitor promptly.
Planning for discharge
Ask for the discharge or care plan, follow-up arrangements and crisis contact details. If the person was detained under Section 3 or certain court or prison sections, ask whether they qualify for free Section 117 aftercare.
And you?
You may feel frightened or guilty, especially if you asked for the assessment. Support for you covers where you can talk about this.
Sources and how this guide was written
What you can do
NHS Mental Health Act guidance and Rethink's nearest-relative guidance.
About the sources
This guide uses legislation, NHS and GOV.UK information, with explanations from Mind and Rethink. It covers England and Wales; Scotland and Northern Ireland have different laws.
Last full source check: 27 August 2026
Later checks: Scotland and Northern Ireland signposting checked: 27 September 2026. Practical admission guidance checked: 1 October 2026.
Independent information, not a medical or crisis service. This guidance has not been clinically reviewed. How we use sources.
← All guides