Leaving hospital
Explains your rights related to leaving hospital after being sectioned and detained under the Mental Health Act 1983.
How can nearest relatives end your section?
If you want to leave hospital after being sectioned and detained, there are several ways to do this. In some situations, your nearest relative has the right to ask to end your section.
You might feel confused about your nearest relative's right to request that you leave hospital. You're not alone, and our information is here to help you.
Understanding the nearest relative
This page briefly covers how nearest relatives might apply to end your section. But the overall role and responsibilities of your nearest relative are much more complex.
If you'd like to find out more, we have information on nearest relatives.
Go to nearest relative pagesWhen can my nearest relative ask to end my section?
Your nearest relative has certain legal rights, powers and responsibilities if you're sectioned. But they only have the power to request discharge under certain sections.
Your nearest relative can ask for your section to end in any of these situations:
- You're detained in hospital under section 2 or 3
- You're under a community treatment order (CTO)
- You're subject to guardianship (section 7) after being detained under section 3
To find out more about each different type of section, go to our page about sectioning.
How can my nearest relative apply for my discharge?
For your nearest relative to ask to discharge you from guardianship, they have to write to the responsible local authority.
For your nearest relative to ask to discharge you from section 2, section 3 or a CTO, they have to write to the hospital managers. They must give the hospital managers 72 hours' notice for this.
During this period, your responsible clinician (RC) can submit a written report to block your nearest relative's request. You might hear this called a barring report. Your RC might do this if they think you're likely to be a danger to yourself, or others, if discharged.
For more details and a template letter for nearest relatives, see our page on how your nearest relative can support you.
Can my nearest relative override a barring report?
If your RC issues a barring report against you, the hospital must inform your nearest relative. But your nearest relative will not be able to request your discharge again for the next 6 months.
It doesn't always mean you'll have to wait 6 months though. There are other ways that you might be discharged:
- If you're under section 3 or a CTO, your nearest relative can apply to the Mental Health Tribunal within 28 days of the barring report. The tribunal will review your case and might discharge you.
- After an RC issues a barring report, the hospital managers should always consider holding a discharge review. When they hold a review, they might decide that you should be discharged despite your RC's views.
For more information, see our pages on discharge by the tribunal and discharge by hospital managers.
Guardianship
This is where someone called a 'guardian' is appointed instead of you being sectioned and kept in hospital. Your guardian could be a person or a local authority.
You can only be placed under guardianship if it's necessary for your welfare or to protect other people. Your guardian has the power to make certain decisions about you. They can also make conditions that you'll be asked to keep to. For example, where you live.
Guardianship lasts for up to 6 months. It can be renewed: initially for a further 6 months, and then for a year at a time. You can appeal to the Mental Health Tribunal once in each of these periods.
Visit our full listing of Legal TermsBarring report
This is the report stopping the discharge of someone under section when an application has been made by the nearest relative. It's written by the responsible clinician.
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 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
Section
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 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 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 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 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 TermsPublished: August 2026
Next review planned: August 2029
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