Whether the patient, if released/discharged, would be likely to act in a manner dangerous to himself or other persons.

Considered by:

• the RMO after the nearest relative has requested discharge.

• in s3 cases, by the MHRT should the nearest relative make an application to the Tribunal having been barred from discharging the patient.

• the hospital managers after the RMO has issued a barring order

In the first two cases, if the criterion is not met, the patient must be discharged.

In the third case the managers retain the discretion not to discharge in exceptional circumstances: see R (Huzzey) v Riverside MH Trust (1998) EWHC Admin 465 which was applied in R (SR) v Huntercombe Maidenhead Hospital (2005) EWHC 2361 (Admin).

See Nearest relative page for further details.