This leaflet provides information for people who are being help in hospital under section 2 of the Mental Health Act. There is information on how long you will be in hospital, what your rights to appeal are and what help you can receive from an independent mental health advocate.

Quality Approved Resource logoThis leaflet may not be reproduced in whole or in part, without the permission of Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust.

1. Patient’s name
2. Name of the person in charge of your care (your “responsible clinician”)
3. Name of hospital and ward

You are being kept in this hospital under section 2 of the Mental Health Act 1983. You have been examined by two doctors and they think that you have a mental disorder and you must stay in hospital so that the person in charge of your care (your responsible clinician) can find out what is wrong and how to help you.

You can be kept here for up to 28 days.

During this time you must not leave unless your responsible clinician tells you that you may. If you try to leave the staff can stop you, and if you do leave you can be brought back.

If you were already being kept in hospital under section 4 of the Mental Health Act, then the time you have already been in hospital counts as part of the 28 days.

In your case the 28 days end on:

 

 

Your responsible clinician will tell you if they think you are well enough to leave hospital. This could be at any time during the 28 days.

Your responsible clinician may decide that you need to be in hospital for longer than 28 days, in which case you may be kept in hospital under section 3 of the Mental Health Act instead. They must make this decision before the 28 days are up. If this happens, you will be given another leaflet that explains what it means.

Your responsible clinician and other members of staff will talk to you about any treatment they think you need. In most cases you will have to accept their advice.

There are different rules for some special treatments, like electro-convulsive therapy (ECT). If the staff think you need one of these special treatments, the rules will be explained to you and you will be given another leaflet.

Yes, you can appeal against the decision to keep you in hospital under section 2.

To do this, you can ask the Hospital Managers to let you leave. You can do this at any time. The Hospital Managers are a special committee of people set up within the hospital to decide whether people should be kept in hospital. They may want to talk to you before deciding whether to let you leave.

You can write to the Hospital Managers at your local Mental Health Act Office at either:

Mental Health Act Office
St Nicholas Hospital
Jubilee Road
Gosforth
Newcastle upon Tyne
NE3 3XT

or

Mental Health Act Office
Carleton Clinic
Cumwhinton Drive
Carlisle
Cumbria
CA1 3SX

The Tribunal is an independent panel which can decide whether you should be allowed to leave the hospital. It will hold a meeting with you and with staff from the hospital who know you. This meeting is called a “hearing”. You can ask someone else to come to the hearing to help you, if you want. Before the hearing, the members of the Tribunal will read reports from the hospital about you and your care. One of the members of the Tribunal will also come to talk to you.

If you want to apply to the Tribunal you can write to:
The Tribunals Service
PO BOX 8793
5th Floor
Leicester
LE1 8BN
Telephone. 0300 123 2201

You can ask a solicitor to write to the Tribunal for you and help you at the hearing. The hospital and the Law Society have a list of solicitors who specialise in this. You will not have to pay for help from a solicitor with this. It is free of charge under the Legal Aid scheme.

You are entitled to help from an independent mental health advocate if you want it. These advocates are independent of people involved in your care. They can help you get information about your care and treatment, why you are being kept in hospital, what it means and what your rights are. They can come to see you and help you understand what you are told by people involved in your care and treatment. If you want, they can help you talk to these people or they can talk to them for you. They can also help you with the Tribunal.
You can contact the independent mental health advocacy service yourself. Please ask a member of staff for the telephone number. There should be a telephone where you can talk to them in private. You can ask a member of staff where this is.

If you do not want to contact the advocacy service yourself, you can ask a member of staff to contact the advocacy service for you. You can also ask your nearest relative to contact the advocacy service for you.

A copy of this leaflet will be given to the person the Mental Health Act says is your nearest relative.

There is a list of people in the Mental Health Act who are treated as your relatives. Normally, the person who comes highest in that list is your nearest relative. The hospital staff can give you a leaflet which explains this and what rights your nearest relative has in connection with your care and treatment.

In your case, we have been told that your nearest relative is:

 

If you do not want this person to receive a copy of the leaflet, please tell your nurse or another member of staff.

If you do not think this person is suitable to be your nearest relative, you can apply to the County Court for someone else to be treated as your nearest relative instead. The hospital staff can give you a leaflet that explains this.

All letters sent to you while you are in hospital will be given to you. You can send letters to anyone except someone who has said they do not want to get letters from you. Letters to these people can be stopped by the hospital staff.

There is a Code of Practice that gives advice to the staff in the hospital about the Mental Health Act and treating people for mental disorder. The staff have to consider what the Code says when they take decisions about your care. You can ask to see a copy of the Code, if you want.

If you want to make a comment, suggestion, compliment or complaint you can:

We are always looking at ways to improve services. Your feedback allows us to monitor the quality of our services and act upon issues that you bring to our attention. 
You can provide feedback in the following ways:
- the quickest way for you to do this is to complete our short online survey at www.cntw.nhs.uk/yourvoice
- complete a Your Voice survey, available on wards, reception areas or from staff
- other options for sharing your feedback and experience  www.cntw.nhs.uk/yourfeedback
 
Patient Advice and Liaison Service (PALS)
PALS provide confidential advice and support, helping you to sort out any concerns that you may have about any aspect of your or your loved ones care.

We act independently when handling patient and family concerns, liaising with staff, managers and, where appropriate, relevant organisations, to negotiate prompt solutions. If necessary, we can also refer patients and families to specific local or national-based support agencies.
 
North of Tyne
Telephone: 0800 032 0202
Email: pals@nhct.nhs.uk
Post: FREEPOST PALS
 
South of Tyne
Telephone: 0800 328 4397
Text: 07825 061 035
Email: pals@cntw.nhs.uk
Post: Patient Advice and Liaison Service, Garden Lodge, Hopewood Park, Ryhope, Sunderland, SR2 0NB
 
9am – 4.30 pm, Monday to Friday
An answerphone is available at all times for you to leave a message. A member of the PALS team will aim to return your call as soon as possible.
 

If there is anything you do not understand about your care and treatment, a member of staff will try to help you. Please ask a member of staff to explain if there is anything in this leaflet you do not understand or if you have other questions that this leaflet has not answered.

Please ask if you would like another copy of this leaflet for someone else.

Further information about the content, reference sources or production of this leaflet can be obtained from the Patient Information Centre. If you would like to tell us what you think about this leaflet please get in touch.

This information can be made available in a range of formats on request (eg Braille, audio, larger print, easy read, BSL or other languages). Please contact the Patient Information Centre on telephone 0191 246 7288

Published by the Patient Information Centre
2025 Copyright: Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust
Ref: PIC/924/0125 January 2025 V1
Website: www.cntw.nhs.uk
Telephone: 0191 246 7288
Review date 2028