Section 2 / Section 3 Reviews

A Section 2 or Section 3 review assessment is an independent psychiatric evaluation commissioned to provide an independent opinion on whether the statutory criteria for compulsory detention under the Mental Health Act 1983 continue to be met. The assessment focuses on whether the patient’s mental disorder warrants hospitalisation for assessment or treatment in the interest of their own health or safety, or for the protection of others.

The legal test requires the independent expert to scrutinise the clinical evidence and consider whether appropriate medical treatment is available and whether less restrictive alternatives have been fully considered. This assists the tribunal in considering the patient’s Article 5 rights under the ECHR during the tribunal process.

• Mental disorder — presence of a recognised psychiatric condition necessitating detention
• Nature and degree — the severity, history, and current manifestation of the disorder
• Health and safety — the risk of self-harm, neglect, or clinical deterioration if discharged
• Protection of others — the potential risk the patient poses to the public or specific individuals
• Appropriate treatment — availability of medical interventions that are appropriate for the patient’s condition
• Least restrictive option — whether the patient can be managed safely via community-based services

Our experts are Section 12(2) approved and have extensive experience in providing evidence for the First-tier Tribunal (Mental Health). They provide an independent clinical overview separate from the treating team, offering the tribunal a fresh perspective on the necessity of the section.

The resulting expert report addresses the statutory criteria set out in the Act, providing clear clinical opinions on diagnosis, risk, and the viability of community-based care or discharge.