Leaving hospital
Explains your rights related to leaving hospital after being sectioned and detained under the Mental Health Act 1983.
Leaving hospital rights overview
If you've been sectioned under the Mental Health Act 1983, certain rights can help you to end your section and leave hospital. You'll often hear this called ‘discharge’ from hospital.
You also have some rights to get aftercare and support when you leave. The Mental Health Act sets out all of these rights.
If you or someone you care for is sectioned and detained, this page outlines the law and your rights related to leaving hospital.
Key facts about leaving hospital
- If you're under a section or community treatment order (CTO), you have the right to get information on how to leave hospital.
- There are several ways to leave hospital if you've been sectioned. You might be able to end your section if you:
- You should be involved in the planning and review of your discharge. You should be allowed to take part in decision-making as much as you're able to.
- You might experience a delay with your discharge, but sometimes this can be unlawful. In this case, a mental health solicitor can help you.
- If you don't feel ready to leave hospital, you should talk to your RC as early as you can. You'll need to do this before your tribunal hearing or hospital managers' hearing.
Key facts about hospital aftercare
- Your aftercare planning should start while you're still in hospital. The planning should start in plenty of time before your discharge.
- In England, your aftercare is usually planned under the Community Mental Health Framework. But some services still use the Care Programme Approach (CPA).
- In Wales, everyone discharged from a section should have a Care and Treatment Plan (CTP).
- Before you leave hospital, you'll have a meeting to discuss what kind of aftercare you need. This might include practical support in your area or finding somewhere to live.
- The aftercare planning and the type of care you receive will depend upon several factors. For example, which section you were under, what your needs are and whether you live in England or Wales.
- If you're discharged from certain sections, you have the right to free aftercare under section 117. This aftercare can cover all kinds of needs. Like healthcare, social care and supported living.
Voluntary patient
Voluntary patients are people who are staying in a psychiatric hospital but are not detained under the Mental Health Act. They're also known as 'informal patients'.
If you're a voluntary patient, you should be able to come and go from the hospital within reason. And you should be able to discharge yourself if you decide to go home.
See our pages on informal patients for more information.
Visit our full listing of Legal TermsMental Health Act 1983 (MHA)
The MHA is a law that applies to England and Wales. It allows people to be detained in hospital (sectioned) if they have a mental health disorder and need treatment. You can only be kept in hospital if certain conditions are met.
See our pages on the Mental Health Act for more information.
Visit our full listing of Legal TermsCommunity treatment order (CTO)
If you've been sectioned and treated in hospital, your responsible clinician can put you on a CTO.
This means that they can discharge you from the section and you can leave hospital. But you might have to meet certain conditions. For example:
- Living in a certain place
- Going somewhere for medical treatment
Sometimes you could be made to go back to hospital. For example:
- If you don't follow the conditions
- If you become unwell again
See our pages on CTOs for more information.
Visit our full listing of Legal TermsSection
Being 'sectioned' means that you're kept in hospital under the Mental Health Act. There are different types of sections. Each have different rules to keep you in hospital. The length of time that you can be kept in hospital depends on which section you're detained under.
See our pages on sectioning for more information.
Visit our full listing of Legal TermsDetained
A person is detained if they're being kept in hospital under section and are not free to leave.
Visit our full listing of Legal TermsMental Health Tribunal (MHT)
This is a special court that deals with cases relating to the Mental Health Act 1983. The Tribunal decides whether you can be discharged from your section. It can sometimes make recommendations about other matters. Such as hospital leave, transfer to another hospital, guardianship and community treatment orders (CTOs).
The court consists of a panel, which normally includes:
- A chairperson with a legal qualification
- A ‘lay member’ with appropriate experience and qualifications in mental health
- An independent psychiatrist. They will speak to you and examine you before the tribunal hearing in certain circumstances. Or when you request to see them
Where you see a reference to the Mental Health Tribunal in this guide, it means:
- First Tier Tribunal (Mental Health), if you live in England
- Mental Health Review Tribunal for Wales, if you live in Wales
Hospital managers
Hospital managers are responsible for using the Mental Health Act 1983 in hospitals.
If you’re sectioned and you want your section to end, you can ask the hospital managers. They will meet and consider your case. They can decide to end your section even if your main doctor doesn’t agree.
Visit our full treatment and support glossaryCare and Treatment Planning (CTP)
Care and Treatment Planning relates to people who live in Wales. It's a way that secondary mental health services are assessed, planned, coordinated and reviewed. It comes from a law called the Mental Health (Wales) Measure 2010.
Secondary mental health services include the community mental health team (CMHT), assertive outreach team and early intervention team.
You should get:
- A full assessment of your health and social care needs
- A care plan
- Regular reviews
- A care coordinator who will be responsible for overseeing your care and support
See our pages on leaving hospital for more information.
Visit our full listing of Legal TermsCare Programme Approach (CPA)
The Care Programme Approach (CPA) is a way that secondary mental health services are assessed, planned, coordinated and reviewed. It only applies to people who live in England.
Secondary mental health services include:
- Community mental health team (CMHT)
- Assertive outreach team
- Early intervention team
You should get:
- A full assessment of your health and social care needs
- A care plan
- Regular reviews
- A care coordinator who will be responsible for overseeing your care and support
See our pages on leaving hospital for more information.
Visit our full listing of Legal TermsPublished: August 2026
Next review planned: August 2029
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