Leaving hospital

Explains the rights you have to get your section lifted if you are being detained in hospital under the Mental Health Act, and your rights to care and support after leaving hospital. Applies to England and Wales.

Your stories

Leaving hospital

Philippa felt abandoned when she was discharged from hospital without warning. Now she's helping our campaign.

Posted on 01/03/2017

How to help someone who's been sectioned

Harriet from our information team shares ways to help someone who's been detained under the Mental Health Act.

Mind Info team
Posted on 07/03/2017

Nearest relative

When can my nearest relative discharge me?

Your nearest relative can ask for you to be discharged if

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.

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