How difficult is it to be released from a section 3 mental health act if one's nearest relative applies for it? | Lawhive - Solicitors & Lawyers Online
How difficult is it to be released from a section 3 mental health act if one's nearest relative applies for it?
I'm currently under section 3 of mental health act. If my nearest relative feels it is necessary to be taken off my section and applies for this to happen. How straight forward is it then?

Larry Rasmussen

12th March 2022

Top Answer
NQ but former mental health support worker. Your nearest relative must inform the hospital managers of their intention 72hrs before they want to discharge you. Your RC can stop the discharge if they feel you are a risk to yourself or others. If this happens you would have to apply for an MHRT. You can apply for a tribunal once in the first 6months of the section and then once per renewal period, if the section is renewed.

Marcelino Bookman

12th March 2022

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