# Proposed change to MHA section 2 **URL:** \ **Category:** Mental Health Act\ **Created:** [4 November 2022 12:37 UTC](https://forum.mentalhealthlaw.co.uk/t/proposed-change-to-mha-section-2/1337 "2022-11-04T12:37:40Z")\ **Posts on this page:** 3\ **Page:** 1
**Author:** ![Andrew](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/f19dbf/32.png) [@Andrew](https://forum.mentalhealthlaw.co.uk/u/Andrew)\ **Post date:** [4 November 2022 12:37 UTC](https://forum.mentalhealthlaw.co.uk/t/proposed-change-to-mha-section-2/1337/1 "2022-11-04T12:37:40Z")
Currently section 2 a requires the presence of a mental disorder AND 2 b requires the presence of risk of harm. The proposed change deletes AND, this seems to me to open the possibility of interpreting the criteria for detention as either one, so just risk of harm would be grounds for detention. Have I misread this? Surely to be detained in hospital you need to be ill as determined by clear signs and symptoms. ---
**Author:** ![Stephen\_Ward](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/a88e57/32.png) [@Stephen\_Ward](https://forum.mentalhealthlaw.co.uk/u/Stephen_Ward)\ **Post date:** [4 November 2022 15:27 UTC](https://forum.mentalhealthlaw.co.uk/t/proposed-change-to-mha-section-2/1337/2 "2022-11-04T15:27:44Z")
There are now 3 criteria for section 2: a) mental disorder, b) serious harm, and c) likelihood Grammatically, the comma between a) and b) replaces the and, therefore all three have to apply. ---
**Author:** ![Andrew](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/f19dbf/32.png) [@Andrew](https://forum.mentalhealthlaw.co.uk/u/Andrew)\ **Post date:** [4 November 2022 18:52 UTC](https://forum.mentalhealthlaw.co.uk/t/proposed-change-to-mha-section-2/1337/3 "2022-11-04T18:52:23Z")
Well I’m glad someone knows the rules of grammar, back to school for me, wish I could.