Detained under section 2 or section 3 of the Mental Health Act? You or your nearest relative have rights, including the 72-hour s.23 discharge mechanism.

1. Get help right now

The first few hours after a detention are disorienting for everyone — patient, family, and friends. Before reading the rest of this page, save these three numbers to your phone:

• Mind Legal Line — 0300 466 6463 (Mon-Fri 9-5). Free legal information on MHA 1983 detention, nearest-relative rights, the s.66 Tribunal application, and the IMHA. Email [email protected] if the line is engaged.
• Samaritans — 116 123, 24 hours, every day. Free from all UK landlines and mobiles, and does not appear on itemised bills. Emotional support for the detained person (if they have phone access on the ward) and for you.
• Ask for an IMHA the moment you (or the patient, if they can) speak to ward staff. The hospital is required under MHA 1983 s.130A to refer the patient to an Independent Mental Health Advocate on request. The IMHA is free, independent, and usually attached to a local advocacy provider commissioned by the integrated care board.
• Find out who the nearest relative is. Under MHA 1983 s.26 the hierarchy is: spouse or civil partner; children (oldest 18+); parents; siblings; grandparents; grandchildren; uncles and aunts; nephews and nieces. A person who has been living with the patient as if they were a spouse for at least 6 months also qualifies. Living with the patient for 5 years promotes that person to the top of the list. The hospital must record who they have identified as the NR — ask the MHA administrator (the "MHA office") to tell you.
• Ask for the patient's rights leaflet. The hospital is required by the Code of Practice MHA 1983 (2015 edition) to give the patient — and a copy to the NR — a written explanation of their rights, the section they are detained under, the discharge routes, and the right to apply to the Tribunal. If you have not received one, ask the MHA administrator directly.

2. The four parallel discharge routes — all FREE

The MHA 1983 deliberately gives four independent routes out of detention. They run in parallel — using one does not foreclose another. A patient can be barred at s.23 by the Responsible Clinician on Monday, apply to the First-tier Tribunal on Tuesday, and have a Hospital Managers' panel hearing on Friday. All of them are free.

A common myth is that the Responsible Clinician's clinical opinion is the last word. It is not. The Tribunal and the Hospital Managers' panel both have independent statutory power to discharge under s.23 / s.72, regardless of what the RC says. The RC's view is one piece of evidence — not a veto.

3. The nearest-relative s.23 discharge mechanism — step by step

Section 23 is the fastest route out of detention because it has a hard 72-hour clock. If the hospital does not produce a barring report inside the window, the patient must be discharged. Here is how it works in practice:

• Confirm you are the nearest relative. Use the s.26 hierarchy above. The hospital MHA administrator can confirm who the hospital has on file as the NR. If you are higher up the hierarchy than the named person, you may need to assert that to the hospital in writing before the s.23 notice is accepted.
• Draft the s.23 notice in writing. The notice must be in writing and addressed to the hospital managers via the MHA administrator at the detaining hospital. It should identify the patient by full name and date of birth, the section they are detained under (s.2 or s.3), the date of admission, and a clear statement that you are giving 72 hours' notice of discharge under MHA 1983 s.23. Sign and date the notice and keep a copy.
• Deliver the notice and time-stamp the delivery. Hand-deliver if you can, and ask for a receipt; or send by recorded delivery and email simultaneously to the MHA administrator. The 72-hour clock starts at the moment of delivery. Save the email send-time, the recorded-delivery tracking number, and any time-stamped receipt.
• The hospital must consider the request. In practice, the Responsible Clinician will be alerted by the MHA administrator and will decide within the 72-hour window whether to issue a barring report under s.25 on Form M2. If no barring report is issued, the patient is to be discharged.
• If a barring report IS issued under s.25, the 6-month bar starts running from the date of the report. But this is also the moment to apply to the First-tier Tribunal under s.66(1)(g) on the patient's behalf. The bar does not stop the Tribunal — the Tribunal can discharge regardless. The hospital must give you a copy of the barring report.
• Use the IMHA and Mind Legal Line for the drafting. The s.23 notice is short but its wording matters. Mind's Legal Line (0300 466 6463) can talk you through the right phrasing, and the patient's IMHA can help with the parallel ward-level conversation.

The dangerousness test under s.25 is the statutory threshold for a barring report — "in the responsible clinician's opinion the patient, if discharged, would be likely to act in a manner dangerous to other persons or to themselves". It is a high bar in principle, but in practice it is often crossed by a consultant who simply prefers the patient to stay in hospital. The Tribunal applies the wider statutory test under s.72 and will look past a bare assertion of dangerousness to the underlying clinical picture.

4. The First-tier Tribunal route — s.66

The First-tier Tribunal (Mental Health) is the independent judicial body that tests MHA 1983 detentions. Applications are made on Form T1 (patient) or by letter (nearest relative). The critical time limits:

• Section 2 detentions — 14 days from admission. A s.2 patient has only 14 days from the date of admission to apply to the Tribunal. Miss this window and the only routes left are the Hospital Managers' panel and the (renewable) s.3 timetable if the section is converted. The 14-day clock is absolute — submit the application even on a partly-completed form to stop time, and the Tribunal will let you supplement.
• Section 3 detentions — once in each 6-month period. A s.3 patient can apply once during the first 6 months of detention, again during any subsequent renewal period, and again whenever the detention is renewed. Most patients apply at the start of each period.
• NR application following a s.25 barring report — within 28 days of being given notice of the barring report, under s.66(1)(g). This is a parallel route to the patient's own s.66 application and runs alongside it.
• Free non-means-tested legal aid. Mental Health Tribunal patients qualify for non-means-tested representation under the Civil Legal Aid (Procedure) Regulations 2012 — there is no income test. Find a Mental Health Tribunal-panel solicitor through the Law Society's Find a Solicitor tool (lawsociety.org.uk/find-a-solicitor) — filter for the Mental Health Tribunal accreditation.
• Statutory criteria — MHA 1983 s.72. The Tribunal MUST discharge if it is not satisfied that the patient has a mental disorder of a nature or degree warranting detention in hospital, OR that detention is necessary for the patient's health and safety or the protection of others. The burden is on the hospital to prove detention is justified — not on the patient to prove they should be released.

To apply, send the completed T1 (or a letter giving the patient's name, date of birth, and detained-under section) to the Tribunal at the address printed on Form T1, or by email to [email protected], or fax/post via the hospital MHA administrator. The Tribunal will appoint a hearing — usually within 6 to 8 weeks for s.3, and much faster for s.2 given the 28-day section length.

5. The IMHA right — s.130A

Under Mental Health Act 1983, s.130A, every patient detained under the Act (with limited exceptions for very short-term holding powers) has a statutory right to the help of an Independent Mental Health Advocate (IMHA). IMHAs are independent of the hospital and the doctors, free of charge to the patient, and trained in MHA 1983 procedure.

• What an IMHA does. They visit the patient on the ward, explain the section, attend ward rounds and treatment reviews, help with Tribunal applications and managers' hearings, raise concerns about treatment and restraint, and support the patient's communication with the nearest relative and the legal team. They can see clinical records with the patient's consent.
• How to get one. The patient (or anyone on the patient's behalf — family, friends, ward staff) can request an IMHA referral from the MHA administrator at the hospital. The hospital must refer the patient to the commissioned IMHA provider for the local area. Most areas have a 24- to 72-hour response time for a first IMHA visit.
• Free, no test of means. IMHAs are funded by the integrated care board (or local authority for Welsh patients) and cost the patient nothing. There is no income test, no test of capacity for engaging an IMHA, and no need for the patient to be represented by a solicitor first.
• The IMHA is not a solicitor. For court and Tribunal representation the patient will still want a Mental Health Tribunal-panel solicitor (legal aid funded). The IMHA and the solicitor work alongside each other.

6. The Hospital Managers' panel — the parallel route

The Hospital Managers' panel is the second statutory discharge mechanism that runs alongside the Tribunal. It is rooted in s.23 (the hospital managers' own discharge power) plus the hospital's rules of procedure under the Code of Practice MHA 1983 (2015 edition, chapter 31).

• Who sits on it. In NHS trusts the managers' function is delegated to an Associate Hospital Managers' panel — three lay people, who are not employees of the trust, trained in MHA 1983 procedure. Independent hospitals run their own equivalent panels.
• When it sits. On request from the patient or the nearest relative — there is no statutory time limit on requests. Automatically on every renewal of a s.3 detention (every 6 months, then yearly). Often after a Tribunal hearing has gone the wrong way, because the panel applies the same s.72 statutory criteria but with fresh evidence.
• How to request a hearing. Write to the MHA administrator at the detaining hospital. Identify the patient, the section, and the reasons you are asking for a managers' review. The IMHA can help draft this. The hearing is usually arranged within 4 to 8 weeks of request.
• What happens at the hearing. The panel hears from the Responsible Clinician, the nursing team, the patient (with IMHA or solicitor), and the nearest relative if they wish. They apply the s.72 statutory criteria and decide unanimously or by majority whether to discharge.
• Why it matters. Managers' panels are often more flexible than the Tribunal — the clinical picture may have shifted, the patient may have engaged with treatment, and three lay panel members can take a different view from a consultant psychiatrist. Discharge rates at managers' panels are not negligible, particularly at the 6-month renewal point.

7. The Mental Health Act 2025 — what changes and when

The Mental Health Act 2025 (Act 33/2025; Royal Assent 18 December 2025) is the most significant reform of mental-health law since 1983. It is being commenced in phases by commencement order.

• Phase 1 — commenced 18 February 2026. Limited to restricted-patient conditional discharge provisions (i.e. discharge from hospital subject to conditions, for patients subject to Ministry of Justice restriction orders under MHA 1983 s.41). Does NOT touch civil-section detention under s.2 or s.3.
• Phase 2 — date NOT YET FIXED. Will include the "nominated person" reform — replacing the nearest-relative hierarchy under MHA 1983 s.26 with a patient- nominated person of the patient's choice. NOT YET in force as of 15 May 2026.
• Phase 3 — date NOT YET FIXED. Will include the new statutory time limits — a shortened s.2 detention window (drafted as 21 days replacing the current 28) and a shortened initial s.3 treatment period (drafted as 3 months replacing the current 6 months). NOT YET in force.
• What this means for you today (15 May 2026). The 1983 Act, with the s.23 / s.25 / s.26 / s.66 / s.130A architecture described on this page, is the operative statute for civil-section detentions. The nominated-person reform does not yet exist in law; the nearest relative under s.26 is still the relevant person for s.23 discharge. The 14-day Tribunal window for s.2 and the once-every-6-months Tribunal window for s.3 still apply.
• Watch this space. The phase 2 and phase 3 commencement orders are expected in 2026-2027 but no firm dates have been published as of 15 May 2026. Commoner Law re-verifies this section quarterly and will update the page when the commencement orders are laid. In the meantime, assume 1983 Act rules.

If you read a press article or charity blog post that says the "new" nominated person can give 72 hours' notice, or that the s.2 detention is now 21 days — that is forward- looking commentary on the 2025 Act, not current law. As of 15 May 2026, the 1983 Act applies. Mind Legal Line (0300 466 6463) can confirm the current commencement status if you are unsure.

8. National hotlines — call before anything else

These five lines are free, England & Wales-wide, and staffed by people who handle MHA 1983 detention cases every working day. Save the numbers to your phone before you close this page. Verified 15 May 2026 against official portals.

For immediate medical emergencies — risk of suicide, acute self-harm, urgent physical injury — dial 999 and ask for an ambulance. For non-emergency mental-health crisis support call the local NHS 24/7 Mental Health Crisis Line for the patient's area (search "[town] NHS mental health crisis line"); most areas now have a dedicated 24/7 line. Samaritans (116 123) is the national fallback line and never closes.

Screenshot this — your wallet card

One-screen summary. Screenshot it now, save it to your phone, and read it to the MHA administrator when you call the hospital, to the Tribunal when you apply, or to ward staff when you ask for an IMHA. It contains the statutory citations the hospital and the Tribunal need to hear.

If you or someone you love is detained under the Mental Health Act 1983:
1. Call Mind Legal Line 0300 466 6463 (Mon-Fri 9-5).
2. Ask for an IMHA (Independent Mental Health Advocate)
   — statutory right under s.130A.
3. The nearest relative (s.26) can give 72 hours' written
   notice to hospital managers to discharge under s.23.
4. The Responsible Clinician can block discharge with a
   barring report (Form M2 under s.25) — 6-month bar.
5. The patient can apply to the First-tier Tribunal
   (Mental Health) under s.66 — s.2 14 days from admission;
   s.3 once in each 6-month period.
6. Mental Health Act 2025 reforms (nominated person,
   tribunal access) NOT YET COMMENCED — 1983 Act governs.
7. Samaritans 116 123 if you or they need emotional support.

A detention under the Mental Health Act 1983 is a serious deprivation of liberty. The statute is detailed and the procedures are real — they are not box-ticking. Use them. Patients are discharged every week by Tribunals and by managers' panels, often because the family — armed with a working knowledge of s.23, s.25, s.66 and s.130A — pushed for the hearings to be listed. You are not powerless. The 72-hour clock under s.23 is yours to start.

Right now — what to do this hour

1. If the detained person is in immediate medical danger — self-harm, suicide attempt, acute physical injury — call 999 and ask for an ambulance. For acute emotional distress (yours or theirs) call Samaritans on 116 123, 24/7, free.
2. Call Mind Legal Line on 0300 466 6463 (Mon-Fri 9-5). Free specialist legal information on MHA 1983 detention, s.23 nearest-relative discharge, s.66 Tribunal, and the IMHA right.
3. Ask the hospital MHA administrator who they have recorded as the nearest relative under s.26, what section the patient is detained under (s.2 or s.3), and the date of admission. Ask for the patient's rights leaflet and a copy for the NR.
4. Ask for an IMHA referral immediately — for the patient. Statutory right under s.130A. The hospital must refer the patient to the commissioned IMHA provider; the IMHA is free.
5. If you are the nearest relative and you believe the patient should be discharged — draft the s.23 notice in writing, deliver it to the hospital managers via the MHA administrator, and time-stamp the delivery. The 72-hour clock starts at delivery. Mind Legal Line can talk you through the wording.
6. Apply to the First-tier Tribunal (Mental Health) if the patient is on s.2 (14 days from admission) or s.3 (once in each 6-month period). Form T1, or a letter, sent to [email protected] or to the address on the form. Legal aid is non-means-tested.
7. If the patient has died while detained, or shortly after discharge — contact Hundred Families at hundredfamilies.org for specialist bereavement and inquest support. Article 2 inquest rights and independent NHS investigation rules apply.

After the first 72 hours — staying engaged

Mental-health detentions can stretch over months. The first 72 hours are the s.23 window; the first 14 days are the s.2 Tribunal window; the first 6 months are the s.3 review period; renewal hearings come every 6 months thereafter. Throughout the detention:

• Stay in regular contact with the IMHA — they visit the ward and can flag treatment concerns, restraint episodes, and ward-round decisions to the family in real time.
• Request a Hospital Managers' panel hearing in writing to the MHA administrator at any point — and automatically at every renewal of detention. The panel applies the s.72 criteria independently.
• Engage a Mental Health Tribunal-panel solicitor for any Tribunal hearing. Non-means-tested legal aid. Find one through the Law Society's Find a Solicitor tool, filtered for Mental Health Tribunal accreditation.
• Contact Commoner Law — if a hotline number above no longer works, or if the commencement status of the Mental Health Act 2025 has changed since 15 May 2026, tell us so we can update this page.