Discharge from detention under the Mental Health Act

This publication can be downloaded now, free of charge, by clicking the related download link to the right.  

Discharge of a section does not necessarily mean discharge from hospital. Many people are detained when they are very ill and when the section is discharged, they agree to remain in hospital as a voluntary patient.

There are a number of ways in which you can be discharged from a section: 

• The section runs out and is not renewed
• Discharge by the doctor in charge of your care (the responsible medical officer)
• Discharge by your nearest relative (as defined in the Act)
• Discharge by Hospital Managers
• Discharge by Mental Health Review Tribunal.

This fact sheet covers discharge by Hospital Managers or by Mental Health Review Tribunal. Discharge by your nearest relative is covered on a separate fact sheet ‘The Nearest Relative’ available from Rethink.

IMPORTANT NOTICE: Please note that single copies of individual fact sheets are available free of charge to users of mental health services and their carers, but multiple copies are chargeable to organisations at the rates shown per copy. Photocopying of individual fact sheets by organisations is strictly prohibited.