If you have been sectioned in hospital under the Mental Health Act, you have certain rights to get your section lifted, and get care and support after you leave. These rights are set out in the Mental Health Act.

Quick facts

• If you have been sectioned, or are under a community treatment order (CTO), the Mental Health Act says that you have the right to be given information on the ways in which you can leave hospital.

• Depending on your situation, there are several ways in which you can leave hospital:
  
  • You can ask to have your section lifted
  • Your responsible clinician can discharge you if they think that you no longer need to be sectioned or stay on a CTO
  • The hospital managers can hold a review of whether or not you should be discharged at any time
  • Your nearest relative can apply to discharge you if you are on a section 2, 3 or 4 or are subject to a CTO or guardianship from a section 3
  • You can apply to the Mental Health Tribunal to be discharged from your section

• You should be involved in the planning, developing and reviewing of your discharge and participate in decision-making as much as you are able to.

• Sometimes your discharge may be delayed. In some circumstances this may be unlawful, and you should see a mental health solicitor to help you.

• If you want to stay in hospital after you are discharged from your section, you should discuss with your responsible clinician as early as you can before your tribunal or managers’ meeting.

Care planning

• The planning of the care you will receive when you leave hospital should start while you are in hospital, in good time before your discharge.

• In England, most people discharged from section will have their care planned under a system called the Care Planning Approach (CPA). In Wales, everyone discharged from section should have a Care Treatment Plan (CTP).

• Before you leave hospital, a meeting will be organised so you can discuss what kind of care you need. This might include things like practical help around the home, help with finding accommodation, or facilities for day time activities.

• The type of care you receive and the way that it is planned will depend upon a number of factors, including which section you have been detained on, what your needs are and whether you are in England or Wales.

• If you are discharged from certain sections, you have the right to free aftercare under section 117 of the Mental Health Act. This can cover all kinds of things like healthcare, social care and supported accommodation.

If you are a voluntary or informal patient, the discharge process is different than for someone who is under a section or on a CTO. See our information on voluntary patients to find out more.

Please note

• This guide covers leaving hospital from the point of view of a person with a mental health problem.
• This guide applies to England and Wales.
• This guide contains general legal information, not legal advice. We recommend you get advice from a specialist legal adviser or solicitor who will help you with your individual situation and needs. See Useful contacts for more information.
• The legal information in this guide does not apply to children unless specifically stated.

 

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