MHA 1983 s25A
Mental Health Act 1983
(as amended)
Law as at 19/11/11 unless otherwise stated under "Amendments" heading
(Lots of detail to insert.)
Procedure
The supervised discharge takes effect when the application has been
- (a) made by the RMO,
- (b) accepted by the Health Authority,
- and (c) the patient has "left hospital": s25A(2).
For a patient on s17 leave, "left hospital" refers to when the leave expires: s25A(9). In theory, the s3 should be formally discharged (e.g. under s23).
MHRT applications etc
Just like s3, the s25A initially lasts for 6 months, can be renewed for a further 6-month period and then annually thereafter.
NB. For the purposes of calculating eligibility periods and renewal dates, the s25A actually begins as soon as step (b) above has been completed.
Usually the MHRT application would be made after step (c) above. However, at the stage of the MHRT application the patient might still be under s3, or might be an informal patient if the s3 had lapsed or been discharged. If step (b) is completed long enough before a s3 MHRT, the patient could appeal against the s25A and ask that the hearing go ahead on the existing date as a s25A appeal (if he explained it carefully!)
Law
Application for supervision
25A.— [...][1]
Amendments
- ↑ Repealed by Mental Health Act 2007 s36, s55 & sch 11; Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008 wef 3/11/08