This leaflet has been produced to provide information to people about nurses' power to detain a person being treated for mental disorder as a hospital in-patient. It includes information about why you cannot leave hospital, how long you can be kept there and what will happen during this time.
| 1. Patient’s name |
| 2. Name of the person in charge of your treatment |
| 3. Name of the nurse keeping you here |
You are being kept in hospital under section 5(4) of the Mental Health Act 1983. This is a legal power that allows a nurse to keep you in hospital until you have been seen by the person in charge of your treatment, or their deputy. The nurse believes you have a mental disorder and are not well enough to leave.
“Deputy” means someone who can take decisions when the person in charge of your treatment is somewhere else.
You have to stay in this hospital for up to six hours or until the person in charge of your treatment or their deputy says you can leave. If you try to go, the staff can stop you, and if you leave, you can be brought back.
In your case the six hours end at:
| Date: |
| Time: |
If the person in charge of your treatment or their deputy has not seen you by this time, you will be free to leave. But if you do decide to leave then, please talk to a nurse or other member of staff first.
The hospital staff will tell you about any treatment they think you need. You have the right to refuse any treatment you do not want. Only in special circumstances, which would be explained to you, can you be given treatment you do not agree to.
The person in charge of your treatment, or their deputy, may decide that you need to stay in hospital for a longer time. You may decide to stay voluntarily.
If you still do not want to stay in hospital, and the person in charge of your care, or their deputy, believes you are too ill to leave, they may need to keep you here under another section of the Mental Health Act. They will tell you why and how long you will be kept here, and you will be given another leaflet that explains what will happen next.
If the person in charge of your treatment, or their deputy, decides that you do not need to stay, they or another member of staff will talk to you about what other help you should have.
No. Even if you do not agree that you need to stay in hospital now, you cannot appeal against a decision to keep you here under section 5(4).
A copy of this leaflet will be given to the person the Mental Health Act says is your nearest relative.
There is a list of people in the Mental Health Act who are treated as your relatives. Normally, the person who comes highest in that list is your nearest relative. The hospital staff can give you a leaflet which explains this and what rights your nearest relative has in connection with your care and treatment.
In your case, we have been told that your nearest relative is:
If you do not want this person to receive a copy of the leaflet, please tell your nurse or another member of staff.
If you do not think this person is suitable to be your nearest relative, you can apply to the County Court for someone else to be treated as your nearest relative instead. The hospital staff can give you a leaflet that explains this.
All letters sent to you while you are in hospital will be given to you. You can send letters to anyone except someone who has said they do not want to get letters from you. Letters to these people can be stopped by the hospital staff.
If you are unsure about your care or treatment, staff can help.
Staff or a carer can also support you to read this leaflet. They will be able to answer any questions that you have. You can ask for another copy for someone else.
You can talk to a staff member or use the contacts listed below. See other ways to give feedback.
Your Voice
You can use this email to tell us what you think about your care. This can be good or bad. You can also ask us to tell you what happens after you send feedback.
Email: yourvoice
Comments and complaints
If something went wrong, please tell us. This will help us improve services.
Email: complaints
Telephone: 0191 245 6672
Write to: Complaints Department, Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust, St Nicholas Hospital, Gosforth, Newcastle upon Tyne, NE3 3XT.
Patient Advice and Liaison Service (PALS)
PALS offer a free, confidential service. They can help if you are worried about your care. They support patients, families and carers.
PALS North of Tyne
(services in Newcastle, North Tyneside, Northumberland and North Cumbria)
Email: pals
Telephone: 0800 032 0202
PALS South of Tyne
(services in Sunderland, Gateshead, South Tyneside and Lotus Ward, Middlesbrough)
Email: pals
Telephone: 0800 328 4397
If you do not feel that the hospital complaints procedure can help you, you can complain to an independent Commission.
This is called the Care Quality Commission, and it monitors how the Mental Health Act is used, to make sure it is used correctly and that patients are cared for properly while they are in hospital. The hospital staff can give you a leaflet explaining how to contact the Commission.
You can get more information about this leaflet from the Patient Information Centre. This includes how the leaflet was made. We can provide this leaflet in other formats. These include Braille, audio, large print, Easy Read, British Sign Language, and other languages.
We welcome your feedback about this leaflet. You can email pic
Published by the Patient Information Centre
2026 Copyright: Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust
Ref: PIC/192/0526 May 2026 V7
Review date 2027
Website: www.