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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 Mental Health Tribunal end your section?

If you want to leave hospital after being sectioned and detained, there are several ways to do this. You can apply to a special court called the Mental Health Tribunal. The panel of people in this court have the power to end your section.

You might feel confused about the Mental Health Tribunal process and how you can leave hospital. You're not alone, and our information is here to help you.

What is the Mental Health Tribunal?

The Mental Health Tribunal is a special court that's separate from the hospital. It has the power to end your section, even if your doctor doesn't agree. You have the right to apply to the tribunal in certain circumstances.

In a tribunal hearing, a panel will make a decision about your discharge. The hearing usually takes place in the hospital where you're sectioned, but the panel is independent of the hospital.

The panel is made up of 3 members:

  • A judge who acts as chairperson of the panel.
  • A medical professional, usually a psychiatrist. They don't work in the hospital where you're detained.
  • A lay member, who's a professional with relevant experience.

The role of the panel is to:

  • Look at your mental health and how well you're recovering
  • Speak to you and the professionals involved in your care
  • Ask for and review up-to-date reports about your treatment and care

The panel uses this information to decide on either of these options:

  • They might keep you under section because you still meet the criteria.
  • They might end your section and possibly discharge you from hospital right away.

Who can apply to the Mental Health Tribunal?

When you arrive in hospital under section, you should get information about your right to apply to the tribunal. It's important to consider this carefully. You might want to discuss it with someone like an independent mental health advocate (IMHA) or solicitor.

If you haven't got any information about the tribunal, ask your IMHA or the ward staff.

There are a few options for applying to the tribunal:

If you want to leave hospital, you can apply to the tribunal yourself. If you choose to apply, this should not harm your relationship with your responsible clinician (RC) or other professionals. They'll generally expect you to apply if you have the right to do so.

You might not want to apply to the tribunal. For example, you might feel like it's too soon or feel like your case isn't strong enough for discharge. But sometimes the hospital managers will refer your case on your behalf.

But you can't apply under any of these sections:

  • Section 5
  • Section 135
  • Section 136
  • Any court-ordered section you're currently on remand for

You can apply to the tribunal under section 4. But you'll only get a hearing if your section 4 becomes a section 2.

For more information about different types of sections, see our page about sectioning.

In some cases, someone else can apply to the tribunal for you. This might happen if you lack capacity to make the application yourself. Or this might be a personal choice.

The person you ask to apply for you can't be a patient in hospital for their mental health.

Someone who can apply for you might be:

The Secretary of State or Welsh Ministers might refer your case to the tribunal at any time. This is possible under most sections or a community treatment order (CTO).

Or you can request them to refer you to the tribunal. They might accept or reject your request based on certain facts of your case.

The hospital managers should ask them to refer you if they feel there's risk of violation of your human rights.

When can I apply to the Mental Health Tribunal?

When you can apply to the tribunal depends on which section you're under:

If you're detained under section 2, you can apply within the first 14 days of your section. After applying, your hearing should take place:

  • Within 1 week in Wales
  • Within 10 days in England

If you're detained under section 3, either you or your nearest relative can apply to the tribunal.

You can apply once at any time within the first 6 months of your section. If it gets renewed, you can apply once in the second 6 months, then once in every 12-month period after this.

Your hearing should happen within 8 weeks of your application. It might happen sooner if your case is urgent.

If you've not applied yourself, someone else might refer you to the tribunal. This could happen:

  • Within the second 6-month period
  • After 3 years' total under section 3

Your nearest relative can apply if your RC has issued a barring report. They need to apply within 28 days of the barring report.

Under section 7, you can apply once during the first 6 months of your section. You'll usually hear section 7 called a guardianship.

If your guardianship is renewed, then you can apply once again in the next 6 months, then once in every 12-month period after this.

Your hearing should happen within a few weeks after you apply. If there's an unreasonable delay, you can challenge this. Talk to your solicitor or make a complaint.

If you're on a community treatment order (CTO), either you or your nearest relative can apply.

You can apply once at any time within the first 6 months of your CTO. If it gets extended, you can apply once again in the next 6 months, then once in every 12-month period after this.

Your hearing should happen within a few weeks after you apply. If there's an unreasonable delay, you can challenge this. Talk to your solicitor or make a complaint.

Your nearest relative can apply if your RC has issued a barring report. They need to apply within 28 days of the barring report.

If you're under section 37, either you or your nearest relative can apply. You might also hear this section called a ‘hospital order’.

A hospital order can last up to 6 months. If it's extended, you or your nearest relative can apply once in the second 6-month period. Then either of you can apply again once every 12 months after this.

If you've not applied to the tribunal yourself after 3 years, someone will refer you.

Your hearing should happen within a few weeks after you apply. If there's an unreasonable delay, you can challenge this. Talk to your solicitor or make a complaint.

Do I have to pay to apply to the tribunal?

You don't have to pay to apply to the Mental Health Tribunal. And you can get legal aid to pay for a mental health solicitor.

Your solicitor will be able to:

  • Advise on the likelihood of discharge by the tribunal
  • Represent you at the tribunal hearing
  • Prepare you for the hearing and answer any legal questions you have
  • Find out whether you want your section to end or have other requests for the hearing

You should not have to pay anything for the cost of the tribunal or solicitor. Even if you have some savings or own your own home, you won't have to contribute any money.

You won't be able to get legal aid unless they're a mental health accredited solicitor.

For a list of solicitors, you can download a PDF from the Law Society website. This might open in a new window or you can find it in your Downloads folder.

Who can represent me at the tribunal?

At the tribunal, you'll need some form of representation for the hearing. Your representation will talk for you at the hearing.

You can choose your form of representation:

  • A solicitor. If you've not contacted a mental health accredited solicitor, the tribunal can appoint someone if you'd like. The tribunal might also appoint a solicitor if you lack the capacity to do this. And if they believe it'd be in your best interests to have this form of representation.
  • Someone you trust. This could be a family member, carer or advocate. Normally, they'll need permission from the tribunal to represent you.
  • Yourself. You might hear this called ‘self-representation’. In this case, you don't normally get legal aid to help you prepare for the hearing. Try to think very carefully before deciding to represent yourself. Solicitors are familiar with the tribunal process and will know how best to put your case forward.

The hospital staff should tell you about any free advice and representation available locally. If you want, they should also help you apply and prepare for the hearing.

If you're on a CTO, you might need to go and ask the hospital for this information. Or ask your IMHA to help you do this.

How can I prepare for my tribunal hearing?

After your tribunal hearing date is set, different things might need to happen in preparation:

  • You should get information about the hearing to help you prepare properly. If you need this in picture or video format, ask your IMHA, solicitor or ward staff.
  • If you'll need sign language or other interpreters, ask the hospital managers or have someone ask them for you. You should be able to access this support for free.
  • If you have any special requests, tell your solicitor as early as possible. The people on the panel have a duty to consider your wishes, feelings and medical condition. They should make sure you feel as comfortable as possible at the hearing.

In the weeks leading up to your hearing, your solicitor should also come to visit you. Your solicitor can help you prepare for your hearing in many ways:

  • Together, you'll discuss the issues which might come up at the hearing. For example, how you'll look after yourself if you leave hospital and who'll support you.
  • They might help you get access to your health records. Or reports about you from your RC, social worker and other professionals involved in your care. Ask your solicitor if you want to see any reports. If you can't see them, they should tell you why.
  • They'll identify documents or other evidence that might help your case. And then arrange for copies to be sent to the tribunal. They'll also arrange for witnesses to come to the hearing.
  • They might share information about you that someone could mention at the hearing.
  • If there's anyone you don't want involved in your hearing, they can tell the tribunal for you. But usually the tribunal judge will decide on this.
  • They might ask an independent doctor for a report about you. This doctor might assess you before the hearing – this report will then go to the panel.

A tribunal doctor might also assess you before your hearing. This is called a ‘pre-hearing examination’. It might be in-person or over a video call.

If you're under section 2, this is an automatic requirement. Under other sections, you'll need to request a pre-hearing examination at least 2 weeks before your hearing.

Delays with your tribunal hearing

You might have your date delayed if the panel has problems with reports they need to see. For example, if certain reports are:

  • Missing
  • Not up to date
  • Lacking enough information for the panel to make a decision

The tribunal will try to get these as quickly as possible. But they'll need to reschedule your hearing date.

Cancelling your tribunal hearing

Sometimes it's possible to cancel your Mental Health Tribunal hearing. For example, if the hospital discharges you before your hearing date, they'll cancel it for you.

Usually, you won't be able to cancel in either of these situations:

  • Your hearing is set to take place within 48 hours or less.
  • Someone else referred you to the tribunal, like the hospital managers, instead of applying yourself.

Where will the tribunal hearing take place?

The hearing might take place in-person or over a video call. Your preferences should be taken into account during planning. Although the tribunal is a type of court, it usually feels more informal than a court.

If the hearing can take place in person, it'll usually be:

  • In a room in the hospital where you're detained under section
  • At the hospital where you're receiving treatment under a CTO

The space should be:

  • Private, clean and quiet
  • Suitably sized and furnished
  • Free of any digital or material information about other patients
  • Free of equipment like video cameras – if you notice anything like this, you can ask for someone to remove it

There should also be a separate room available. In this room, you can discuss things with your solicitor and anyone supporting you for the hearing.

Sometimes, a tribunal hearing might take place over video call:

  • In this case, a nurse will probably be physically present in the same room as you. They'll stay in the room during your hearing.
  • The tribunal panel, your RC and legal representative can all join remotely on a video call.

Who will be at my tribunal hearing?

At your hearing, the people in the panel will usually be seated with relevant reports and papers in front of them.

Apart from the panel, the people at the hearing might include:

  • You, unless you choose to not be there
  • Your solicitor or representative, if you have one
  • Your RC
  • Your social worker
  • Other professionals involved in your care
  • Healthcare professionals in your multi-disciplinary team
  • A nurse
  • Any professional who's provided a report to the tribunal panel
  • Your IMHA or other advocate, if you want them there
  • Your nearest relative, unless you already said you don't want them there
  • Your carer, family members or friends, if you want them there
  • Someone taking notes of the hearing on behalf of the panel

What will happen during the hearing?

A Mental Health Tribunal hearing should usually follow the same process each time. During the hearing, this is what normally happens in order:

  • The judge will introduce the panel to you and then confirm that the correct witnesses are present.
  • The judge might briefly set out what the hearing is about.
  • If the medical professional on the panel has assessed you before the hearing, they'll usually say something about this.
  • Each of the panel members and your solicitor will then question people in turn. They'll question:
    • Your RC
    • The nurse or nurses
    • Your social worker
  • You'll then have the chance to speak to the panel. Your solicitor might ask you some questions first, followed by questions from the panel.
  • The panel might ask questions to your nearest relative, family members or carers. For example, about living arrangements or their views about your discharge.
  • Your solicitor will summarise your case to the panel. They'll say why your section should end, if this is what you want to happen.

The role of the professionals at the hearing is to prove that you should not be discharged. In other words, they must prove that you need to be kept under section.

When will I find out the decision?

The tribunal panel will normally decide at the hearing whether or not you should be discharged. When they decide, they'll tell everyone at the hearing.

They should speak to you personally if possible. If not, they'll tell your representative the decision. If neither of these things are possible, the hospital managers should make sure that you find out the decision as soon as they can.

Usually, the panel provides a decision in writing where they outline their reasons. A few days after the hearing, they should also post this to you and everyone involved in the hearing.

If you're under guardianship, your local authority will contact you with the tribunal decision.

When can I leave hospital if I'm discharged?

Usually, you can leave hospital right away if the panel decides to discharge you. But you might want to stay on as an informal patient while the hospital arranges your aftercare planning.

In some cases, the panel might not discharge you immediately. Instead, they might set a future date to allow time for aftercare planning or other arrangements.

If the panel decides not to discharge you, they might make recommendations about your future care. For example:

  • Whether you should continue to receive care under a section
  • If you should receive care as an informal patient in the future

If you're on a restriction order but were not transferred to hospital from prison, the tribunal can discharge you. But leaving hospital might come with certain conditions.

If you were transferred to hospital from prison, the tribunal can recommend your discharge to the Secretary of State for Justice. They'll also recommend where you should receive care and treatment after discharge.

Can I complain about my tribunal hearing?

If you want to complain about anything that happened at your Mental Health Tribunal hearing, you can make a complaint. The tribunal has its own procedures for dealing with complaints. To find out more, visit the UK Government website.

If you want to challenge their decision to keep you under section, you should get legal advice from a mental health solicitor. It can be difficult to succeed in this kind of challenge. You can only appeal to the upper tribunal if the panel have misunderstood the law and applied it wrongly. But this rarely happens.

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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