Section 5 (2) is a temporary hold of an informal or voluntary service user on a mental health ward in order for an assessment to be arranged under the Mental Health Act 1983. This ensures their immediate safety whilst the assessment is arranged.
Section 5 (2) is temporary holding power which can be put on by the ward doctor or an approved clinician and would be due to increased concern about the deterioration in the service user’s mental health. This can include a lack of capacity to remain informally or it could be that they have become a risk to themselves or others and are not felt safe to leave the ward.
Section 5 (2) can last up to 72 hours, but it is simply a temporary hold for the assessment to be co-ordinated which should be triggered as soon as it is put in place. The assessment itself will be by an Approved Mental Health Professional and two doctors, usually a doctor who is responsible for the service users care and if possible the second doctor also knows the service user, such as their GP. It cannot be 2 doctors from the same ward or team. The assessment by the Approved Mental Health Professional and doctors will decide whether the person needs further detention under section 2 or 3 or whether the section 5 (2) could be rescinded and the person could remain in hospital on an informal basis.
A service user cannot appeal against Section 5 (2) which is why prompt assessment for ongoing detention is so important to arrange quickly. The service user should not be on a section 5 (2) any longer than necessary, it is just temporary to prevent harm and ensure they receive a further assessment.