Section 2 is part of the civil sections under the Mental Health Act. It provides for someone to be detained in hospital under a legal framework for an assessment and treatment of their mental disorder.

Section 2 is specifically designed for people who we (the Approved Mental Health Professional and Psychiatrists) consider are in need of an assessment for a mental disorder and that due to their presentation and possible risks feel that this needs to take place in a hospital setting. The section 2 provides the legal framework for this assessment to take place. We can therefore determine whether the person has a severe mental disorder and the possible care plan and treatment options available.

When people have a severe form of mental illness they are sometimes so unwell that they would not be able to accept that they may need to go into the hospital for their health, safety or protection of others. So we use the power of the Mental Health Act to care for them within a comprehensive legal framework to assess and where suitable provide treatment and enable their recovery as soon as possible.

Section 2 should end as soon as possible but it can be in place for up to 28 days. In many cases the detention ends prior to this or there is further consideration of ongoing detention and the person may be assessed under section 3.

All service users admitted on the section 2 have access to an Independent Mental Health Advocate and they can appeal to the hospital managers and the mental health tribunal where they can ask for their detention to be reviewed and whether the criteria for their ongoing detention hospital is met. They can appeal immediately on admission within the first 14 days of their detention under section 2 and the appeal will be heard within days.

In the vast majority of cases section 2 is discharged by the responsible clinician.  This can be that the service user is assessed as not requiring further detention as they are willing to be in hospital informally or they can return to the community with support. In this case the section 2 is rescinded. Or if the assessment has concluded that longer term treatment is needed there may be the consideration of section 3. In addition the service user can be discharged by the hospital managers or a mental health tribunal if they feel the criteria are no longer met.