Discharge from the Mental Health Act
This section looks at how your detention under sections 2, 3 and 37 of the Mental Health Act 1983 can end. Detention means that you are taken to hospital and treated against your will. This is also known as sectioning. For more information on sectioning please see our ‘Mental Health Act’ section.
- If you are under section 2, 3 or 37 you can:
- ask the hospital managers to discharge you,
- apply to a tribunal to appeal your section,
- get free representation from a mental health solicitor at a tribunal, and
- get help from an Independent Mental Health Advocate (IMHA).
- If you are under section 2 or 3, your nearest relative can discharge you. But your psychiatrist can prevent this if they think you are ‘dangerous’ to yourself or others.
- If you are on section 2 and you want to appeal, you have to apply to the tribunal within 14 days of being sectioned.
This section covers:
- How can I be discharged?
- What is a hospital managers’ review?
- How can I appeal to a tribunal?
- Can my nearest relative discharge me?
- Can someone help me appeal a Tribunal?
- What if I am under a different section?
These pages are created by the Rethink Mental Illness Advice Service in accordance with the Information Standard. Last reviewed in March 2016. Next review March 2019.
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