Leaving hospital
Explains your rights related to leaving hospital after being sectioned and detained under the Mental Health Act 1983.
How can a responsible clinician 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 responsible clinician (RC) has the power to end your section.
You might feel confused about how to ask your RC to end your section and leave hospital. You're not alone, and our information is here to help you.
When can my responsible clinician discharge me?
You have the right to ask your responsible clinician (RC) to end your section and discharge you from hospital. But the rules differ depending on whether you're under section or a community treatment order (CTO).
Your RC should discharge you as soon as they believe that you don't need to be under section anymore. This means they believe the reasons for your section no longer apply.
Some types of sections also have a time limit. If your section is ending because it's reaching the limit, your RC must decide on either of these 2 options:
- Renew your section
- Discharge you from your section
They can't renew all types of sections, only some. For example, section 3 and section 37. To renew your section, the RC must assess you in the last 2 months of your section. They must then decide whether you meet the conditions for renewal. They should discuss their decision with you.
If they decide to renew your section, they must do the following:
- Consult 1 or more professionals to get their agreement. These professionals must be involved in your treatment and care, and have had recent contact with you. They can't be the same profession as your RC.
- Present all reasons in a report to the hospital managers. If the managers agree with the renewal, they'll update this report to reflect their decision.
If they decide not to renew your section, but it's reached its time limit, your RC must choose 1 of these options:
- Discharge you from your section. If they do this, you'll be free to leave hospital.
- Put you under a different type of section. Depending on the section, it might mean you'll stay in hospital, or it might not.
If your section has reached its time limit, but nobody has said you're discharged or free to leave, you should:
- Report this to the hospital managers as soon as possible
- Ask someone to report this to the hospital managers on your behalf
If you're under a CTO, your RC should make a decision about your discharge considering all of these points:
- What's the least restrictive option to you?
- What's the maximum independence available to you?
- Should you be discharged from your CTO into guardianship?
- Should you be fully discharged from your CTO?
Your RC must assess you within the 2 months before your CTO reaches its time limit. Then they must decide whether to extend your CTO or discharge you from it.
Only your RC can extend your CTO. If they want to set an extension, your RC should take the following steps:
- Consider whether you meet the conditions for continuing your CTO. They must consult 1 or more professionals involved in your treatment and care. For more information, see our page about CTO conditions.
- Consult the wider team providing your treatment and care. This includes your care co-ordinator and anyone else involved in your care in the community.
- Consult certain people close to you. This consultation is a requirement of the Code of Practice. It should include you, your nearest relative, independent mental health advocate (IMHA), family and carers.
- Consult the local authority and integrated care board or local health board. They must consult the board who'll be responsible for your aftercare. Plus any other organisation providing key services for you. In Wales, you might hear this called a Care and Treatment Plan Review. It should happen before your RC decides whether or not to extend the CTO.
- Consider whether extending your CTO is appropriate. For example, you might've been on a CTO for a long time without the RC having to recall you to hospital. In this case, they need to think carefully about whether your case meets the extension conditions. Or whether they should fully discharge you from your CTO.
- Submit a report to the hospital managers if they decide not to discharge you. They should fully explain their reasons. They must also get an approved mental health professional (AMHP) to agree to the extension in writing. They should give the AMHP enough time to interview you before they agree to the extension. You might not know the AMHP who interviews you.
How will my responsible clinician discharge me?
If your RC has completed all of the steps to make their decision, they'll need to carry out some more steps before you can leave hospital.
Your RC will discharge you by making an order in writing. This lets the hospital authorities know that:
- You're no longer under section
- You should be allowed to leave hospital
- You should be supported to leave hospital
Your RC can discharge you for different reasons, and at any time. But there are different legal reasons for keeping you under section 2, compared to being kept under section 3.
Generally speaking, your RC should consider all of these points before making their decision:
- Has your mental health improved enough for you to leave hospital?
- Do you still have a mental health problem?
- Do you still need assessment or treatment in hospital?
- Would your health be at risk if you were discharged from your section and left hospital?
- Would your safety or someone else's be at risk if you were discharged from your section and left hospital?
- Are there are other options available to you? For example, whether it's possible for you to get mental health treatment in the community. Or whether appropriate treatment will still be available to you after you leave.
If your type of section has reached its time limit, your RC must choose 1 of these options. They can:
- Discharge you
- Renew your section
- Section you under a different section
At any point, if you no longer meet the conditions for staying under your current section, your RC should discharge you. They don't always have to wait for the time limit before discharging you.
They'll also still need to consult another professional if they want to renew it. The other professional might disagree with the renewal, but their decision is not final – it doesn't mean your section will end right away. But they might give your RC further reasons to consider discharge instead of renewing your section.
What if my section has come to an end without discharge?
When your section ends, you should be able to leave hospital as long as your RC has not decided to:
- Renew your current section
- Put you on a different section
Your RC should discharge you when your section has come to an end by reaching its time limit. However, if your time is up but your RC hasn't confirmed your discharge, tell the hospital managers.
If you need support to do this, an IMHA should be able to help you. Or you can ask your nearest relative to help.
Mental Health Act Code of Practice
This tells health professionals how they should follow the Mental Health Act. The Code is not law. So a court cannot enforce it. But health professionals should follow it unless there is a good reason not to.
The Code covers some areas not specifically mentioned in the Mental Health Act. Such as visiting rights and the use of seclusion.
If a health professional doesn’t follow the Code, you can make a complaint.
Visit our full listing of Legal TermsCare Programme Approach (CPA)
The Care Programme Approach (CPA) is a way that secondary mental health services are assessed, planned, coordinated and reviewed. It only applies to people who live in England.
Secondary mental health services include:
- Community mental health team (CMHT)
- Assertive outreach team
- Early intervention team
You should get:
- A full assessment of your health and social care needs
- A care plan
- Regular reviews
- A care coordinator who will be responsible for overseeing your care and support
See our pages on leaving hospital for more information.
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 TermsSection
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 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 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 TermsIndependent mental health advocate (IMHA)
An IMHA is an advocate. They're specially trained to help you find out your rights under the Mental Health Act 1983. And to help you while you're detained. They can listen to what you want and speak for you.
You have a right to an IMHA if you are:
- Detained in hospital under a section of the Mental Health Act, but not if you are under sections 4, 5, 135 and 136
- Under Mental Health Act guardianship, conditional discharge and community treatment orders (CTOs)
- Discussing having certain treatments, such as electroconvulsive therapy (ECT).
In Wales, voluntary patients can also have an IMHA.
See our page on IMHAs in England and Wales for more information.
Visit our full listing of Legal TermsIntegrated care boards (ICBs)
ICBs are part of the NHS. They:
- Look after the health needs of people in their area
- Plan and deliver services
- Manage the NHS budget
Membership of each board varies but usually includes healthcare professionals and local authority representatives. ICBs were introduced in 2022 to replace clinical commissioning groups (CCGs).
Visit our full listing of Legal TermsApproved mental health professional (AMHP)
AMHPs are mental health professionals who can carry out duties under the Mental Health Act. They've been approved by a local social services authority. They're responsible for coordinating your assessment and admission to hospital if you're sectioned.
They may be:
- Social workers
- Nurses
- Occupational therapists
- Psychologists
Appropriate treatment or appropriate medical treatment
This means medical treatment for your mental health problem that is:
- Suitable for you
- Available
- Reflects the nature and degree of your mental health problem
- Reflects your individual circumstances
Detained
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 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 TermsLocal Health Boards (LHBs)
LHBs are a key part of the health service in Wales. They exist to create and deliver services based on the needs of the local community.
Visit our full listing of Legal TermsGuardianship
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 TermsRecalled
This means that you can be returned to hospital. It applies to you if you're on section 17 leave, on a community treatment order (CTO) or have been conditionally discharged from hospital.
If you're on a CTO, you can be recalled for up to 72 hours if the responsible clinician thinks that:
- You need medical treatment in hospital for your mental disorder
- There would be risk of harm to your health or safety or to others if you aren't recalled
You must meet both criteria.
Visit our full listing of Legal TermsPublished: August 2026
Next review planned: August 2029
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