Leaving hospital
Explains your rights related to leaving hospital after being sectioned and detained under the Mental Health Act 1983.
How to end your section and leave hospital
When you're sectioned and detained, it means you're kept in hospital to get mental health treatment and support. Even if you don't agree to this. But if you want to leave hospital, you have the right to get information on how to end your section.
You might feel confused or upset if nobody has explained how to ask to end your section. Or how to get discharged from hospital. You're not alone, and our information is here to help you.
Who can end my section?
There are several ways to end your section. Your options will be different depending on the section you're under. You might also hear this called ‘getting your section lifted’ or ‘being discharged from your section’.
Different sections also have different time limits. This means that your section might end before you need to ask anyone to end it.
Understanding sectioning
We have lots of information on why you might be sectioned and what happens while you're under section.
Go to pages on being sectionedIf you want to leave hospital and end your section before its time limit, you generally have 4 options:
- Responsible clinician (RC). You can ask your RC to end your section and discharge you from hospital. To find out more, go to our page on asking your RC.
- Hospital managers. You can ask the hospital managers to review your situation and end your section. They'll need to arrange a hearing with you to discuss this. To find out more, go to our page on asking the hospital managers.
- Nearest relative. Under certain sections, your nearest relative has the right to apply to discharge you from hospital. To find out more, go to our page on discharge by your nearest relative.
- Mental Health Tribunal. Under certain sections, you have the right to apply for a tribunal hearing. In the hearing, they'll look at how you're getting on and whether you should stay under section. You can get legal aid for a mental health solicitor to represent you at this hearing. To find out more, go to our page on applying to the Mental Health Tribunal.
If you're under a restriction order or direction you can also make a request to the Secretary of State for Justice. They'll have to approve your request before the hospital managers or your RC can discharge you.
When should I get information about how to leave hospital?
If you've been sectioned or you're under a community treatment order (CTO), you have the right to get certain information. These rights are set out in the Mental Health Act.
When you first arrive in hospital under a section or CTO, all of the following things should happen:
- A member of staff should explain your rights.
- You should get written information explaining your rights.
- You should get important information on how the Mental Health Act affects you. And how it might affect your time in hospital.
- Both your nearest relative and carer should also get all of the above information.
Under the Mental Health Act, the hospital managers have a duty to make sure this happens. They should also check that you understand how to get help from an independent mental health advocate (IMHA).
You should get lots of information about your rights. Including how to end your section and how to leave hospital. In this information, it should explain:
- How your section might come to an end
- How your CTO might come to an end
- The different ways to leave hospital early, which you might hear called ‘being discharged from your section’
All of this information should be readily available during your time in hospital.
What if I don't get information about how to leave hospital?
If nobody gives you any information about your rights under the Mental Health Act, you can:
- Ask a member of staff on your ward to get the information
- Ask to see an IMHA if you still haven't got any information
Under certain sections of the Mental Health Act, you have the right to see an IMHA. They should be able to answer any questions you have. This includes questions about your type of section, as well as how to end your section and leave hospital.
Independent mental health advocate (IMHA)
An IMHA is an advocate. They're specially trained to help you find out your rights under the Mental Health Act 1983. And to help you while you're detained. They can listen to what you want and speak for you.
You have a right to an IMHA if you are:
- Detained in hospital under a section of the Mental Health Act, but not if you are under sections 4, 5, 135 and 136
- Under Mental Health Act guardianship, conditional discharge and community treatment orders (CTOs)
- Discussing having certain treatments, such as electroconvulsive therapy (ECT).
In Wales, voluntary patients can also have an IMHA.
See our page on IMHAs in England and Wales 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 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 TermsRestriction order or restriction direction
If a court believes a patient poses a risk to the public it can add this type of court order to a hospital order under section 41. It means that only the Secretary of State for Justice can approve the patient’s discharge, transfer or leave from hospital. So it’s harder to get a discharge from the tribunal. The person will be subject to certain conditions for as long as the restriction order remains, even after discharge.
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
Detained
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 TermsResponsible clinician (RC)
This is the mental health professional in charge of your care and treatment while you're sectioned under the Mental Health Act.
Certain decisions can only be taken by the responsible clinician. For example, applying for someone who is sectioned to go onto a community treatment order (CTO).
All responsible clinicians must be approved clinicians. They don't have to be doctors, but many of them are.
Visit our full listing of Legal TermsHospital managers (also known as Mental Health Act managers)
Hospital managers are an independent team of people in a hospital. They make sure that the requirements of the Mental Health Act are properly applied. They have certain important responsibilities. And they can make decisions related to your detention.
In practice, most of the day-to-day decisions are taken by individuals authorised by the hospital managers to do so. This can include hospital staff. Decisions about discharge are normally delegated to a team of people who are independent of the hospital. You can apply to them to be discharged from your section and they will decide whether or not to discharge you.
Visit our full listing of Legal TermsNearest relative
The nearest relative is a family member. They have certain responsibilities and powers if you are detained in hospital under the Mental Health Act. These include the right to information and to discharge in some situations.
The law sets out a list to decide who will be your nearest relative. This can sometimes be changed.
See our pages on the nearest relative 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 17 leave
This is where your responsible clinician gives you permission to leave the ward or the hospital for short periods. They may ask you to keep to certain conditions, such as returning within a certain time.
Visit our full listing of Legal TermsPublished: August 2026
Next review planned: August 2029
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