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Detention under the Mental Health Act

    Just a short note to say how much I appreciated you kind letter, following the Tribunal, which left me feeling very low. Your support, understanding, and professionalism made the nightmare of being in that 'institution' and that situation bearable.

    Client testimonial about Mike Bishop - Mental Health

    We have been on a long journey, with quite a way to go. But we are thrilled with the recent result. Thank you so much for giving us so much help and support. We're thrilled.

    Client testimonial about Mike Bishop - Mental Health

    I just wanted to say what a privilege & a pleasure it has been to work with you on some of our shared allocations, & thank you for all your support & advice, which has been much appreciated.

    Client testimonial about Mike Bishop - Mental Health

    Thank you for today. My reputation means everything so trying your hardest means everything to me.

    Client testimonial about Paul Harbison - Mental Health

    May I thank you so much. Your kindness is very much appreciated.

    Client testimonial about Mike Bishop - Mental Health

    I can’t thank you enough for representing me at the Tribunal Hearing. Without that positive outcome I feel certain I could still be back in … lacking any impetus for change or renewal. I too enjoyed our meetings and remain optimistic that we shall not meet in relation to such circumstances again.

    Client testimonial about Mike Bishop - Mental Health

    Thank you for your attendance at [my]Tribunal [I] wanted to let you know that you were outstanding and since then [I feel that my] mental health has improved.

    Client testimonial about Mike Bishop - Mental Health

    Many thanks for representing me during those times.. thanks for being there.

    Client testimonial about Paul Harbison - Mental Health

    Thank you for helping me out- I really appreciate it. You know something? I've always trusted you right from day one... you helped me out when everyone else ignored me. I like you and respect you.

    Client testimonial about Mike Bishop - Mental Health

    Just to say many thanks for your help and support before and during my tribunal. It was a pleasure to meet you.

    Client testimonial about Mike Bishop - Mental Health

    She made me feel a valued human being, preserved my dignity and that I was not just another case. She has a commendable understanding of mental health (MH) and if there were more people like Emma to represent those who suffer from a MH illness the world would be a more humane place.

    Client testimonial about Emma Silburn - Mental Health

    Just wanted to say a quick thank you for the great work you did for my brother and especially the way you treated him with such dignity and respect.

    Client testimonial about Mike Bishop - Mental Health

    Thank you for your letter. I was thrilled at the outcome of the tribunal, your client has spoke very highly of you and the expertise you offer, so I would like to thank you for helping one of our very special and valued volunteers.

    Client testimonial about Mike Bishop - Mental Health

    Emma has commendable humane qualities that should be admired. She is a bright talented solicitor who is clearly dedicated to her job and believes in doing the best for her client…which quite frankly I find exceptional.

    Client testimonial about Emma Silburn - Mental Health

    The case was articulated with great clarity and skill by Mrs. Silburn (to whom we are very grateful)

    Client testimonial about Emma Silburn - Mental Health

    I am writing to say thank you so much for helping my daughter to obtain a discharge from her Section 2 of the Mental Health Act. I know it gave her great strength and hope at a time in her life when everything was extremely stressful and traumatic for her. Thank you once again for all your help.

    Client testimonial about Mike Bishop - Mental Health

    It was wonderful to meet you on the day and I still have not found enough words to say Thank you for all you are doing for my son.

    Client testimonial about Mike Bishop - Mental Health

    You are always so gentle and kind, and take care to explain things in great detail for me to understand.

    Client testimonial about Mike Bishop - Mental Health

    Thank you for your representation and best wishes, I found everyone I encountered at David Gray to be exceptional and will continue to recommend David Gray to friends in the future.

    Client testimonial about Emma Silburn - Mental Health

    This is quite a complex situation that causes significant stress & anxiety to my friend, I am helping her cope with the situation and to get a better understanding of the process. We really appreciate your service and promptness, and wish to thank you very much for your professionalism.

    Client testimonial about Kathryn Smales - Mental Health

    Thank you for representing me. I am delighted with the outcome. I greatly appreciate the time and effort of going through with me. Please will you pass on my sincere gratitude to your colleague Emma for her dedicated approach to my case as well.

    Client testimonial about Mike Bishop and Emma Silburn- Mental Health

    She believed in me and stood by me, even when times were difficult and I was beginning to buckle under the pressure she offered me strong shoulders.

    Client testimonial about Emma Silburn - Mental Health

    Thank you for being there for me. Please accept my sincere thanks! Best Wishes.

    Client testimonial about Mike Bishop - Mental Health

    Just a note to sincerely thank you for yesterday. Without you I am sure my mother-in-law would still be subject to the Section.

    Client testimonial about Mike Bishop - Mental Health

    I was very happy with the results Emma Silburn got me

    Client testimonial about Emma Silburn - Crime & Mental Health

The Mental Health Act 1983 (amended 2007) is the legislation governing the formal detention and care of people with mental health problems in hospital.                     

You may find yourself detained on a section in hospital because people have concerns about your mental health.  The most common sections are section 2 and section 3.  Section 2 can last for up to 28 days and allows medical professionals to assess, and if necessary treat you.  Section 3 can last for up to 6 months initially but can be renewed beyond that. This section is a treatment section.  Both require you to have a mental disorder.  There must also be a risk to your health, your safety or to other people for you to be on a section.  It is also possible for you to be detained under the Mental Health Act by a criminal court.  See our Forensic cases – Mentally disordered offenders page for more detail.

Whilst detained, your case will be subject to review at regular intervals by the Hospital Managers and the Mental Health Tribunal.  You will also be eligible to appeal to these bodies to discharge your detention within certain time frames.  Legal Aid is available for us to represent you (at no cost) at tribunals and may be available for hospital managers’ hearings depending on your financial circumstances.

If you or someone you know needs help because you or they have been detained please contact our specialist mental health team in Newcastle upon Tyne or South Shields for help, advice, and representation.  We aim to visit all section 2 patients within 24 hours and all others within 48 hours.

The team specialising in this area of work

  • Partner
  • Solicitor
  • Solicitor
  • Solicitor
  • Legal Assistant