Last amended by Mental Health Act 2007 in 2007. Broadened the definition of mental disorder, introduced community treatment orders, replaced the Approved Social Worker with the AMHP, reformed the nearest relative provisions, and introduced supervised community treatment.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The principal statute governing the compulsory admission, detention, and treatment of people with mental disorders in England & Wales. Substantially amended by the Mental Health Act 2007, it provides for civil (Part II) and criminal (Part III) admission, consent to treatment (Part IV), Mental Health Tribunals, and community treatment orders.
Key Points
- Defines 'mental disorder' broadly (s.1, as amended 2007)
- Admission for assessment (s.2 — up to 28 days)
- Admission for treatment (s.3 — up to 6 months, renewable)
- Emergency admission (s.4 — 72 hours)
- Nearest relative has statutory rights including discharge (s.23)
- Consent to treatment safeguards (Part IV)
- Community treatment orders (s.17A, inserted by MHA 2007)
- Mental Health Tribunal reviews detention (Part V)
- Approved Mental Health Professional (AMHP) role (s.13)
- Compulsory admission for assessment (s.2: up to 28 days) or treatment (s.3: up to 6 months, renewable)
- Emergency admission for assessment (s.4: up to 72 hours)
- Police power to remove a person from a public place to a place of safety (s.136)
- Patients may apply to a Mental Health Tribunal for discharge
- Independent Mental Health Advocates (IMHAs) support detained patients
- Treatment without consent is permitted in specified circumstances (Part IV)
- Community Treatment Orders allow supervised treatment in the community (s.17A)
- Admission for assessment (s.2) — up to 28 days
- Admission for treatment (s.3) — up to 6 months, renewable
- Emergency admission (s.4) — 72 hours
- Police powers to remove mentally disordered persons to a place of safety (s.136)
- Nearest relative rights including discharge (s.23)
- Mental Health Tribunal — right to apply for discharge (Part V)
- Community Treatment Orders (s.17A) — added by 2007 amendments
- Sections 2, 3, 4 for compulsory admission
- Mental Health Tribunals for review of detention
- Community Treatment Orders
- Nearest relative rights and powers
Parts & Sections
Amendments History
2007 — Mental Health Act 2007
Broadened the definition of mental disorder, introduced community treatment orders, replaced the Approved Social Worker with the AMHP, reformed the nearest relative provisions, and introduced supervised community treatment.
2007 — Mental Health Act 2007
Broadened the definition of mental disorder, introduced Community Treatment Orders, and strengthened patients' rights.
2007 — Mental Health Act 2007
Broadened the definition of mental disorder, introduced community treatment orders, created the role of approved mental health professional, replaced the treatability test with an appropriate treatment test.
2007 — Mental Health Act 2007
Broadened the definition of mental disorder, introduced CTOs, and reformed nearest relative provisions.
Frequently asked questions
- What is the maximum time for compulsory treatment in hospital?
- Section 3 allows for admission and detention for treatment for an initial period of up to six months, which can be renewed. This applies where the person has a mental disorder of a nature or degree making hospital treatment appropriate, and the treatment is necessary for their health, safety, or the protection of others.
- What rights does a nearest relative have under the Act?
- The nearest relative has statutory rights under the Act, including the power to apply for the discharge of a detained patient. The Mental Health Act 2007 reformed these provisions to clarify the role and rights of the nearest relative in the detention and treatment process.
- How can a detained patient challenge their detention?
- Patients detained under the Act may apply to a Mental Health Tribunal for a review of their detention and potential discharge. Additionally, Independent Mental Health Advocates (IMHAs) are available to support detained patients by helping them understand their rights and the legal process.