for better mental health

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.

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 July 2020. We will revise it in 2023.

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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