Section 2 Appeal — MRCPsych Paper B MCQ

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EasyMental Health LawSection 2 AppealMRCPsych Paper B

A patient in England is detained under section 2 of the Mental Health Act 1983 and wishes to exercise the statutory right to apply for discharge under section 66. Which body should receive the application?

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Correct answer: C — The First-tier Tribunal (Mental Health)

The correct answer is **B, the First-tier Tribunal (Mental Health)**. In England, a patient detained under section 2 may make a section 66 application to this independent tribunal for discharge, provided the application is made within the first 14 days of detention. A hospital managers’ review is a separate, non-judicial mechanism and is not the section 66 tribunal application. The High Court deals with matters such as judicial review rather than the initial statutory discharge application. The Court of Protection primarily determines issues under the Mental Capacity Act 2005. The Upper Tribunal considers appeals on points of law from First-tier Tribunal decisions rather than first-instance section 2 applications.

Reference: HM Courts & Tribunals Service. Apply to the Mental Health Tribunal: Overview, section ‘If you’ve been detained for assessment (section 2)’. Current page accessed 19 August 2026. https://www.gov.uk/mental-health-tribunal