Mental Health Act assessment

Assessments are carried out by:

• an Approved Mental Health Professional (AMHP)
• a section 12 approved doctor (a doctor who has had special training)
• a registered medical practitioner (also a doctor) who knows the patient (if this is not possible then it will be another section 12 approved doctor)

The assessment will, within the boundaries of the law, involve:

• interviewing the person
• speaking to other professionals who know the person
• speaking to the person's family

Situations when a person might be detained under the Mental Health Act in a psychiatric hospital against their will could be:

1. Under Section 2 if their mental disorder is of a nature or degree which requires detention in hospital for up to 28 days in the interest of their health, safety or with a view to protecting others:

• for an assessment
• or an assessment followed by treatment


2. Under Section 3 if their mental disorder is of a nature or degree which makes it:

• appropriate for them to receive medical treatment in hospital
• necessary for their health or safety, or for the protection of other people that they should receive treatment which cannot be provided unless they are detained

Nearest Relative is a critical role within the process of a Mental Health Act assessment.  It is not the same as next of kin.

The person who is the Nearest Relative has their role set out in the Mental Health Act:

• they have some legal rights, mostly whilst the patient is detained in hospital
• they can ask for a Mental Health Act assessment if they are worried about the patient's mental health deterioration

A patient has rights too. These include:

• having the right to information about their section
• the ability to appeal to a tribunal against their section
• getting support from an advocate

Mind explains what the nearest relative is and what powers and rights they have Nearest relative - legal information - Mind

See information about the Dorset Approved Mental Health Professional Service and their contact details.