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
