Restrictions on discharge by nearest relative
25.—(1) An order for the discharge of a patient who is liable to be detained in a hospital shall not be made [under section 23 above] by his nearest relative except after giving not less than 72 hours’ notice in writing to the managers of the hospital; and if, within 72 hours after such notice has been given, the [responsible clinician] furnishes to the managers a report certifying that in the opinion of [that clinician] the patient, if discharged, would be likely to act in a manner dangerous to other persons or to himself—
- (a) any order for the discharge of the patient made by that relative in pursuance of the notice shall be of no effect; and
- (b) no further order for the discharge of the patient shall be made by that relative during the period of six months beginning with the date of the report.
[(1A) Subsection (1) above shall apply to an order for the discharge of a community patient as it applies to an order for the discharge of a patient who is liable to be detained in a hospital, but with the reference to the managers of the hospital being read as a reference to the managers of the responsible hospital.]
(2) In any case where a report under subsection (1) above is furnished in respect of a patient who is liable to be detained in pursuance of an application for admission for treatment[, or in respect of a community patient,] the managers shall cause the nearest relative of the patient to be informed.
- Mental Health Act 2007 s9, s32 & sch 3; Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008 wef 3/11/08