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Leaving hospital

Explains your rights related to leaving hospital after being sectioned and detained under the Mental Health Act 1983.

  • This information applies to England and Wales.
  • This information applies to adults. It doesn't apply to children unless specifically stated.
  • In 2025 the government passed new laws making changes to the Mental Health Act. The changes will come in stages. For now, your rights under the Mental Health Act have not changed. We'll update our information when changes happen.

How can the hospital managers end your section?

If you want to leave hospital after being sectioned and detained, you have a few options. In some situations, the hospital managers have the power to end your section.

You might feel confused about how to ask the hospital managers to end your section and get discharged. You're not alone, and our information is here to help you.

When can the hospital managers discharge me?

While you're sectioned, the hospital managers can choose to hold a ‘discharge review’ at any time:

Aside from their own choice at any time, they should also hold a discharge review for any of these reasons:

The hospital managers can't hold a discharge review if you meet any 1 of these conditions:

  • You've been sent to hospital by a court under sections 35, 36, or 38.
  • You're being detained in hospital under a section 5.
  • You're in a hospital or place of safety under section 135 or 136.

To find out more about each different type of section, go to our page about sectioning.

Normally, after a successful discharge review, you're free to leave hospital. In rarer cases, you might face complications with the discharge process:

If your local authority agrees, the hospital managers can give permission for you to transfer into guardianship.

This usually means you'll move to a different care setting. You'll leave hospital, but guardianship is still a type of section under the Mental Health Act. Your RC might take on the role of transferring you into guardianship.

If you're under a restriction order or on conditional discharge, the managers need approval from the Secretary of State for Justice. But you still have the right to ask the managers to review your detention.

To find out more, see our information on courts and mental health.

Hospital managers can still discharge you if your RC has submitted a barring report. They'll review the report and decide whether you're likely to be a danger to yourself or others if they discharge you.

Hospital managers have the power to discharge you from hospital. This means leaving hospital and no longer being under any type of section. But hospital managers do not have the power to action other types of discharge.

Only your RC can:

  • Discharge you from a hospital section to put you onto a CTO
  • Discharge you from hospital on a conditional discharge

What happens in the hospital managers' discharge review?

To review your case for discharge at any time, the hospital managers must carry out a review and make a report. They can discharge you if you no longer meet the criteria for your section.

First, they should consider all of these questions:

  • Do you still have a mental health problem?
  • Do you still need assessment or treatment in hospital?
  • Would your health be at risk if you were discharged from your section and left hospital?
  • Would your safety, or someone else's, be at risk if you were discharged from your section and left hospital?
  • Are there are other options available to you? For example, if it's possible for you to get mental health treatment in the community. Or if appropriate treatment will still be available to you after you leave.

They'll also need to look at your past history of care and treatment, including reports from:

  • Your RC
  • Your care co-ordinator
  • A named nurse
  • Other professionals involved in your care

They should also consider details of any future plans. This includes your care plan or Care and Treatment Plan, if you have one.

They'll also look at:

  • Any recent risk assessment or risk management plans
  • Information about any past self-harm or violence against anyone else

You should be able to see their final reports. Unless the managers think you seeing them is likely to cause serious harm to your physical or mental health. Or to someone else's. If they decide that you can't see their reports, they should tell you why.

Other people who might get a copy of the reports are your:

The managers have to consider all of these factors when deciding whether to discharge you. But they could discharge you anyway based on your situation. They should consider the ‘least restrictive option’ for you to get treatment. And how best to ‘maximise your independence’.

Being discharged after their review might mean you leave hospital right away. But this will depend on both of the following:

  • Whether the managers think you're well enough and ready to leave hospital.
  • Whether you can get appropriate treatment in the community.

Although they'll make the final decision, the managers will also consider:

  • Your RC's views and opinions
  • Your aftercare plans
  • The views and opinions of people who know you well

What will they review if I'm on a CTO?

If you're on CTO, the managers can discharge you in the same way as a section. But the factors they consider will be slightly different.

They won't look at whether you're well enough to leave hospital. Or if you can get the right treatment in the community. Instead, they'll look at whether they still need the power to recall you to hospital. And possibly have you brought in for regular treatment.

To find out more, see our information about CTOs.

Can I ask the hospital managers to discharge me?

The hospital managers can hold a discharge review whenever they want. But if they've not held their own review of your case, you can ask them to consider your discharge.

There are no special forms or procedures for asking them to discharge you. And you can ask them as many times as you like.

When you first arrive in hospital under section or a CTO, you should get information on how to contact the hospital mangers. If not, ask the ward staff or an IMHA to get this for you.

After you request discharge, the hospital managers will either hold a ‘paper review’ or arrange a full hearing. They won't invite you to a paper review. They might hold a paper review for 1 or more of these reasons:

  • You've made frequent requests for discharge, but your circumstances haven't changed.
  • You've recently had a Mental Health Tribunal hearing, where your discharge was not granted. And your circumstances haven't changed.
  • Your RC has decided to renew your section or CTO. But you don't want to challenge this, or haven't challenged this yet.

Can someone help me to ask them?

You might want support when asking the hospital managers to discharge you. Try speaking to someone like your:

If you don't have capacity to ask for discharge, you could also get support from:

To find out more about capacity, see our information on the Mental Capacity Act.

Who will be on the managers' hearing panel?

If the hospital managers can't hold a paper review to make a decision, they'll set up a full hearing. In some hospitals, you might hear this called a ‘managers' meeting’.

To have a hearing to decide on your discharge, they'll first set up a panel. This panel is set up to represent the managers and come to a decision on their behalf.

This panel includes 3 or more people who are:

  • Members of the organisation in charge of the hospital, like the chair or non-executive directors
  • Members of a committee or sub-committee authorised for this purpose
  • Chosen for this purpose by the NHS trust, whether or not they're members of the trust itself, or any of its committees or sub-committees

In NHS trusts and NHS foundation trusts, nobody on the panel will be an employee of the hospital.

What will happen at the managers' hearing?

There's no formal procedure for what happens in a hearing. For example, there are no questions set in a particular order. But the process that the panel chooses must be fair and reasonable.

Before the hearing, the panel will look at all relevant information. This includes recent reports from your RC and other professionals involved in your care.

You should also get this information in plenty of time before the hearing. This means if you have a legal representative, you can prepare together.

There's no set place for the hearing. But the managers will decide its location based on your best interests.

This list explains roughly what should happen at the hearing, in order:

  • You should get the chance to explain why you should no longer be under section. Your IMHA can help you with this part of the hearing. Or if you don't have the capacity to put your views across, your deputy or attorney should be able to speak for you.
  • Your RC and other professionals should then share their views on why you should stay under your section or CTO. They should explain all of their reasons.
  • You and the other people giving their views can hear each other's statements to the panel. And you should be able to ask each other questions. Unless the panel believes this would be likely to cause serious harm to your physical or mental health, or someone else's.

The Mental Health Act Code of Practice says you should get the option to speak to the panel alone. This means you should be able to speak to them with anyone representing or accompanying you, or on your own. Unless there's a safety issue.

  • You can raise other matters with the managers in this hearing, if you want to. They might be able to make recommendations to improve hospital services. For example:
    • If you think your care plan doesn't meet your needs
    • If you think your treatment in hospital hasn't been satisfactory
    • If you have other concerns about your stay on the ward
  • At the end of the hearing, the panel will make their own decision about your discharge. They'll decide based on the views of the professionals, like your RC and others involved in your care. Plus any other evidence they have.
  • If the professionals don't agree with the decision, the panel will form an independent judgement. They will base this on the ‘least restrictive option’ that ‘maximises your independence’. They might consider pausing the hearing and coming back to it later. This is so they can ask for more medical, or other, professional advice.

Can I get support for the hearing?

The hospital managers should support you in the process as much as possible. And you should have information to help you understand and take part as much as you can.

Managers should set hearings in advance and give enough time for you to arrange support. You have the following rights to extra support:

  • You can bring a representative of your choice to help you put your views to the panel. This could be a legal adviser or solicitor.
  • You can bring a relative, friend, carer or advocate to support you at the hearing. It doesn't have to be your nearest relative.

When will the hospital managers tell me their decision?

The hospital managers must tell you their decision as soon as they can following a paper review or hearing. They should also tell you the reasons. If they decide to discharge you, they should give you an order in writing.

When they tell you their decision, no matter which outcome, they should do all of the following:

  • Record the decisions and reasons at the end of their review.
  • Give their decisions and reasons to those involved as soon as practicable. This includes your representative, nearest relative, carer and other professionals.
  • Give you the chance to discuss the hearing soon afterwards.

If they decide to not discharge you, they should also do all of the following:

  • They should explain their reasons why. You can also ask for a copy of this in writing.
  • They should add copies of the review papers to your medical records.
  • They should inform you of your right to apply to the Mental Health Tribunal as soon as possible after the hearing.
  • At least 1 member of the panel should also offer to see you or your representative. They should discuss the record of the decision and reasons with you.

Can I appeal against a decision?

You can speak to a legal adviser or solicitor if, for example:

  • You believe the managers reached a decision without considering all relevant information
  • You believe they didn't follow the correct procedure for the hearing

But it can be hard to get legal aid for this type of court case.

For more information, see our page of useful contacts for leaving hospital and your rights.

Could the managers refer my case to the tribunal?

The managers might refer your case if you haven't applied to the Mental Health Tribunal yourself. They might do this if you can't apply because of your mental health problem, or other health reasons. For example, if you were detained under section 2 or 3.

But there are also situations when the hospital managers must apply to the tribunal on your behalf:

  • If 6 months have passed since you were first sectioned. Even if you're currently on a CTO. But this does not apply if 6 months have passed since you were first put under section 3, and you've had a tribunal hearing already.
  • If 3 years have passed since the tribunal last considered your case. Or 1 year if you're under 18.
  • If you've transferred from guardianship to a hospital, and 6 months have passed. Unless you've already applied to the tribunal since your initial transfer.
  • If you were under a CTO, which your RC ended, but now you're detained in hospital under a section. Your case should be referred to the tribunal as soon as possible after your RC ended your CTO and sent you into hospital.

If you're under a restriction order, the hospital managers can't refer you to the tribunal but:

  • In England, the Secretary of State can refer your case
  • In Wales, the Welsh Ministers can refer your case

In some cases, the tribunal can't consider your case soon enough after you're sectioned and detained. If so, the hospital managers might ask the Secretary of State or Welsh Ministers instead. For example:

  • Your nearest relative is being displaced and your section 2 gets extended. Meaning you'd have to stay in hospital during their displacement.
  • You don't have the capacity to ask for a referral yourself.
  • The tribunal has never considered your case before. Or a considerable length of time has passed since they did.

For more information, see our page on the discharge by the Mental Health Tribunal.

What if I get my tribunal hearing before my managers' hearing?

If your tribunal date is set before your managers' hearing date, what happens will depend on which section you're under:

  • If you're under section 2 and you applied to the tribunal. Your tribunal hearing will happen first. Your managers' hearing will only happen after this if the tribunal decides you should stay in hospital. You'll have the managers' hearing if you're kept under section 2 and then put under a section 3.
  • If you're under section 3 or another long-term section. Your tribunal hearing will happen first. If the tribunal doesn't discharge you from section 3, but you want to leave hospital, your managers' hearing will still happen later. If the managers find that your circumstances have changed, they might hold a full hearing. Or might ask the Ministry of Justice to refer you back to the tribunal.

For more information, see our page on discharge by the Mental Health Tribunal.

Who will plan my aftercare if the managers discharge me?

If the managers or panel decide to discharge you from hospital, they must consider what this might mean for your future care.

When you ask for discharge, your RC and care team should consider what care you might need after you leave hospital. And whether you'll be able to access enough aftercare when your section or CTO ends.

Some of the aftercare arrangements might include:

In the hearing, the hospital managers will hear from your RC and your own care team. The hospital managers might pause the hearing and come back to it at another time in some cases:

  • They might do this if they don't have enough information about your future care arrangements.
  • They might believe you should be discharged, but need time to put practical things in place for your aftercare. They should try to make this time as short as possible.

Can the managers transfer me to another hospital?

The hospital managers can give permission to transfer you to another hospital. This is not the same as being discharged and leaving hospital.

They might decide to transfer you because:

  • Their hospital can no longer offer the care you need
  • They want to move you to a more specialised service
  • They want to move you closer to where you normally live

They should think about all of these points if they're considering transfer:

  • Would a transfer give you better access to your carers?
  • What effect is a transfer likely to have on your mental health problem or recovery?
  • Is there a suitable place available at the hospital that you might transfer to?
  • Would transfer allow you to be in a more suitable place culturally, or an environment that meets your needs better? Could it have the opposite effect?

If they request your transfer, they can't force another hospital to give you a place. Or for another integrated care board or local health board to fund your care.

When making a decision about transfer, they must consider what's best for you:

  • They should respect your human rights. Their decision should not interfere with your right to respect for private and family life. This is set out in human rights law.
  • They should involve you in decision-making. They should explain all the reasons for a possible transfer. And if you wish, they should explain to your nearest relative and carers. They must also record all their reasons.

Legally, your nearest relative does not need to agree to your transfer. But unless you refuse to them knowing, the hospital managers will usually consult them beforehand. They'll normally inform your nearest relative as soon as possible after making the decision.

  • They should not transfer you without warning. Only in exceptional circumstances can they do this. If you feel this has happened without a good reason, you can complain. Or get advice from an IMHA, legal adviser or solicitor.
  • If you ask for a transfer, they should try to meet your wishes. For example, you might ask for a transfer to get treatment from a different clinical team. Or to be closer your family or friends. If they decide against this, they should give you their decision and reasons in writing.

What if I'm on a CTO?

There are 2 types of hospital transfer situations related to being on a CTO. They're different from being under section, because you're not detained on a CTO:

  • Hospital recall. If you've been recalled under your CTO, the managers can transfer you during your 72-hour maximum recall period. Or they might let your RC make this decision.
  • Transfer of responsibility. At any time during your CTO, the managers can transfer responsibility for you to another hospital. This means a different hospital will become responsible for your treatment and care.

No matter what, they should consider your needs and interests before agreeing to a transfer.

Published: August 2026

Next review planned: August 2029

References are available on request. If you would like to reproduce any of this information, see our page on permissions and licensing.

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