Nearest relatives can have the patient discharged if he or she is detained under Section 2 or 3 of the Mental Health Act. To do this they must tell the hospital managers in writing at least 72 hours beforehand.

To do this nearest relatives should obtain a form which will be made available on request from the hospital or can be prepared by a solicitor. A different form is used for those subject to guardianship. The form must be properly served upon the Hospital Managers at the correct address . The time and date of delivery needs to be inserted on the form.

However, if the Responsible Medical Officer believes that the patient is a danger to himself or herself or other people, they can stop the patient being discharged by making a written report to the hospital.

If this happens, the nearest relative can apply to a Mental Health Review Tribunal (MHRT) if they still think the patient should be discharged. Legal Aid for representation may be available.

BACK