# Section 5(2) doctor's holding powers and seclusion

**URL:** <https://forum.mentalhealthlaw.co.uk/t/section-5-2-doctors-holding-powers-and-seclusion/3282>\
**Category:** Mental Health Act\
**Tags:** seclusion\
**Created:** [17 February 2025 13:00 UTC](https://forum.mentalhealthlaw.co.uk/t/section-5-2-doctors-holding-powers-and-seclusion/3282 "2025-02-17T13:00:37Z")\
**Posts on this page:** 5\
**Page:** 1

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**Author:** ![metoo](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/7feea3/32.png) [@metoo](https://forum.mentalhealthlaw.co.uk/u/metoo)\
**Post date:** [17 February 2025 13:00 UTC](https://forum.mentalhealthlaw.co.uk/t/section-5-2-doctors-holding-powers-and-seclusion/3282/1 "2025-02-17T13:00:37Z")

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If a patient is subject to s.5(2) can they be placed in seclusion? if so where is the authority for that please?

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**Author:** ![ZacSussex](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/z/e8c25b/32.png) [@ZacSussex](https://forum.mentalhealthlaw.co.uk/u/ZacSussex)\
**Post date:** [17 February 2025 14:07 UTC](https://forum.mentalhealthlaw.co.uk/t/section-5-2-doctors-holding-powers-and-seclusion/3282/2 "2025-02-17T14:07:39Z")

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Well there’s no specific authority for seclusion under the MHA, it’s dealt with in the Code of Practice. Subject to the safeguards set out in the CoP at Chapter 26 - I believe seclusion can be used for anyone detained under the MHA (whether they are s.2, s.3 or s.5(2)).

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**Author:** ![metoo](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/7feea3/32.png) [@metoo](https://forum.mentalhealthlaw.co.uk/u/metoo)\
**Post date:** [20 February 2025 08:29 UTC](https://forum.mentalhealthlaw.co.uk/t/section-5-2-doctors-holding-powers-and-seclusion/3282/3 "2025-02-20T08:29:05Z")

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Yes that is also my understanding but I believe the s.5(2) was placed in order to put the patient in seclusion, patient had not threatened or attempted to leave

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**Author:** ![GuyDavis](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/g/eb9ed0/32.png) [@GuyDavis](https://forum.mentalhealthlaw.co.uk/u/GuyDavis)\
**Post date:** [20 February 2025 12:10 UTC](https://forum.mentalhealthlaw.co.uk/t/section-5-2-doctors-holding-powers-and-seclusion/3282/4 "2025-02-20T12:10:39Z")

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None of those are reasons for using s.5(2); it’s use is solely for when the Doctor/AC in charge, is of the opinion that an application for detention ought to be made.

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**Author:** ![CaptainWalker](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/captainwalker/32/159_2.png) [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\
**Post date:** [22 February 2025 13:19 UTC](https://forum.mentalhealthlaw.co.uk/t/section-5-2-doctors-holding-powers-and-seclusion/3282/5 "2025-02-22T13:19:17Z")

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The MHA 1983 (Amended 2007) and the MHACOP are very clear about the criteria and purposes of S5(2).

Seclusion is not part of the considerations for invoking S5(2). The MHACOP is quite clear on the considerations needed for seclusion.

Subsequent to a 5(2) or on a parallel track seclusion may be considered necessary. The two issues must never be conflated or become tangled into decision-making about implementing S5(2).