A mental health hospital can only require you to stay if you are detained under the Mental Health Act. If you are a voluntary patient, you have the right to leave at any time.

Voluntary patients: Your right to leave 

If you are admitted as a voluntary patient (sometimes called an “informal patient”), you choose to stay in hospital for mental health support.  

You can leave whenever you wish, even if staff advise against it. You should always talk to your care team before making decisions about leaving, but the final choice is yours. 

Detained patients: When you can be required to stay 

If you are detained under the Mental Health Act (often known as “being sectioned”), the hospital can require you to stay. 

This is only done if professionals believe you are very unwell and need treatment that cannot be provided safely in the community, or if there are concerns about your safety or the safety of others. 

• You cannot leave unless your hospital doctor agrees.
• Your rights and the length of your stay depend on which section of the Act you are detained under. 

Understanding your rights 

• You have the right to know why you are being detained and what your rights are.
• You can appeal your detention and ask for help from an independent advocate.
• If your situation changes, your responsible clinician, nearest relative, hospital managers, or a tribunal can decide to discharge you.
  
  

Where to get more information 

If you want to know more about your rights as a voluntary or detained patient, read our full guide on your rights when detained under the Mental Health Act or contact Rethink Mental Illness for advice.