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.
Sources: NHS and Rethink Mental Illness
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.
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.
Here for Someone is an independent information project, not a legal service. This page covers England and Wales. Scotland and Northern Ireland have different laws. Mental Health Act 2025 changes are being introduced in stages, so ask the AMHP or hospital what is currently in force.
Sources checked: 27 August 2026
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