• When can my nearest relative discharge me?
• What happens if my responsible clinician has issued a barring report?

When can my nearest relative discharge me?

Your nearest relative can ask for you to be discharged if

• you are on a section 2, 3 or 4
• are subject to a CTO, or
• subject to guardianship from a section 3

For more information on this process, see our pages on the nearest relative.

What happens if my responsible clinician has issued a barring report?

Your responsible clinician can stop you from being discharged by issuing a barring report if he or she thinks that you are likely to be a danger to yourself, or others, if discharged.

If a barring report has been issued, then your nearest relative must be informed and they will not be able to apply for your discharge for the next six months.

However, if you are on a section 3 or a CTO, your nearest relative can apply to the Mental Health Tribunal within 28 days of the barring report. Also, the hospital managers should consider holding a review after any barring report has been issued.

See our pages on the nearest relative for more information, including a flowchart of this process.

This information was published in August 2018. We will revise it in 2020.