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Guidance
Notes For Nearest Relative
An
order for the discharge of a patient who is liable to be detained in a
hospital can be made by his nearest relative after giving not less than 72
hours’ notice in writing to the Managers of the Hospital.
The form should be made available on request from the hospital or can be
prepared by a solicitor. A
different form is used for those subject to guardianship. The form must be
properly served upon the Hospital Managers at the correct address.
The time and date of delivery needs to be inserted on the form.
The
72 hour period starts to run from the time when the notice is received by
an authorised person, or delivered by post at the hospital to which it is
addressed.
It
is worthwhile contacting the person authorised to accept such a notice on
behalf of the Managers to confirm the precise date and time the notice was
received by them.
If, within 72 hours of notice being given, the Responsible Medical Officer
furnishes to the managers a report certifying that in his/her opinion the
patient, if discharged, would be likely to act in a manner dangerous to
other persons or to himself then the order for the discharge of the
patient made by that relative will be of no effect.
In
the event the Responsible Medical Officer bars the discharge
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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.
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The
hospital managers must consider holding a review of the patient’s
detention
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The
nearest relative has a right to apply to a Mental Health Review
Tribunal in the case of case of a patient detained for treatment.
In
the event the Responsible Medical Officer does not
bar the discharge
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the
patient will be cease to be detained under the Mental Health Act at
the expiry of 72 hours from when notice was given.
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It
will be a matter for the patient to decide whether to remain in
hospital as a voluntary patient or leave the hospital.
A
nearest relative can be displaced if he has exercised or is likely to
exercise his power under this provision without due regard to the welfare
of the patient or the interests of the public s.29(3)(d).
Bishop & Light Solicitors
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