MHA 1983 s25
See Nearest relative for details.
Changes made by Mental Health Act 2007
- Responsible Clinician/Approved Clinician replaces Responsible Medical Officer 3/11/08
- Supervised Community Treatment replaces Supervised Discharge 3/11/08
Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.
- M v East London NHS Foundation Trust CO/1065/2009 — The nearest relative's statement to the AMHP that he disagreed with detention under s3 was sufficient to amount to the notification of an objection under s11; it was unaffected, in the absence of any clear evidence of a change of mind, by the failure to state an objection in a subsequent conversation immediately prior to the making of the application.
- R (B) v MHRT  EWHC 815 (Admin) — It is lawful to defer discharge in dangerous criterion cases where the deferral is relevant to considerations of dangerousness
- R (Huzzey) v Riverside MH Trust  EWHC Admin 465 — Managers must consider dangerousness criterion when reviewing detention after RMO's barring order, and in almost all circumstances discharge if not satisfied of that criterion.
- R (O) v West London MH NHS Trust  EWHC 604 (Admin) — Hospital managers are under a common law duty to provide both oral and written reasons at the time of the decison; the decision is legally defective if the reasons are inadequate; this defect cannot be cured by later evidence giving a proper explanation of the reasons; the supplementary evidence was more than mere elucidation so was not accepted.
[The chapter/paragraph numbers which appear below (if any) refer to the 2008 versions of the Code of Practice and Reference Guide.]
- Reference Guide to the Mental Health Act 1983, 12. Detention in hospital [Note that the chapter number relates to the old Reference Guide], 15. Supervised Community Treatment [Note that the chapter number relates to the old Reference Guide] — paragraphs 12.101 to 12.112 (detention), 15.104 to 15.113 (SCT)
- Mental Health Act 1983 Code Of Practice for England, 28. Guardianship, leave of absence or SCT?
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