# What are you rights if you are to be sectioned?

**URL:** <https://forum.mentalhealthlaw.co.uk/t/what-are-you-rights-if-you-are-to-be-sectioned/1821>\
**Category:** Mental Health Act\
**Created:** [30 August 2023 17:56 UTC](https://forum.mentalhealthlaw.co.uk/t/what-are-you-rights-if-you-are-to-be-sectioned/1821 "2023-08-30T17:56:47Z")\
**Posts on this page:** 2\
**Page:** 1

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**Author:** ![justice](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/j/958977/32.png) [@justice](https://forum.mentalhealthlaw.co.uk/u/justice)\
**Post date:** [30 August 2023 17:56 UTC](https://forum.mentalhealthlaw.co.uk/t/what-are-you-rights-if-you-are-to-be-sectioned/1821/1 "2023-08-30T17:56:47Z")

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Are you entitled to a mental health lawyer before Section 2 is applied?

If the provisions under Section 2 have not been adhered to will you be compensated?

What if the there has been malpractice or unethical conduct by doctors? Is this significant?

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**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\
**Post date:** [2 September 2023 15:08 UTC](https://forum.mentalhealthlaw.co.uk/t/what-are-you-rights-if-you-are-to-be-sectioned/1821/2 "2023-09-02T15:08:31Z")

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> [@justice](#):
>
> Are you entitled to a mental health lawyer before Section 2 is applied?

You are always entitled to a mental health lawyer (if one agrees to see you) but there are limits to when the state will pay the fees for you. Legal Aid covers “services provided in relation to matters arising under … the Mental Health Act 1983” ([LASPO 2012](https://www.mentalhealthlaw.co.uk/Legal_Aid,_Sentencing_and_Punishment_of_Offenders_Act_2012), sch 1, part 1, para 5) so there could be pre-detention circumstances in which you would be entitled to Legal Aid. In the mental health context, except for tribunal proceedings, Legal Aid is generally means-tested.

> [@justice](#):
>
> If the provisions under Section 2 have not been adhered to will you be compensated?

Sometimes… but if the legal error would have made no difference to the outcome then you might only get nominal damages (e.g. £1). This happened in [Bostridge v Oxleas NHS Foundation Trust [2015] EWCA Civ 79](https://www.mentalhealthlaw.co.uk/Bostridge_v_Oxleas_NHS_Foundation_Trust_(2015)_EWCA_Civ_79,_(2015)_MHLO_12).

> [@justice](#):
>
> What if the there has been malpractice or unethical conduct by doctors? Is this significant?

That’s the sort of thing that would make a difference, yes.