Mental Health Act 20266

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Discharge of admitted persons

40. (1) Where the responsible consultant psychiatrist becomes of the opinion that a person no longer fulfils the criteria for involuntary admission, he or she shall by order, in a form specified by the Commission, revoke the relevant involuntary admission order or renewal order, as the case may be, in respect of the person and inform the person in writing of that opinion and the effect of the revocation of the order.

(2) Notwithstanding the revocation of an order in respect of a person under subsection (1), the person may, if he or she wishes, with the agreement of his or her responsible consultant psychiatrist, remain in the registered acute mental health centre as a voluntarily admitted person.

(3) When an order is revoked under subsection (1), the responsible consultant psychiatrist shall immediately meet with the person concerned to provide him or her with all relevant information from the person’s individual care plan, which shall include information regarding—

(a) the fact that the person may, with the agreement of his or her responsible consultant psychiatrist, remain in the registered acute mental health centre as a voluntarily admitted person,

(b) what will occur if the person decides to stay in the registered acute mental health centre as a voluntarily admitted person, and

(c) what will occur if the person decides to leave the registered acute mental health centre.

(4) The person concerned may, at his or her request, be accompanied by a nominated person at any meeting held under subsection (3).

(5) The decision to remain as a voluntarily admitted person in the registered acute mental health centre, with the agreement of the person’s responsible consultant psychiatrist, or to leave the registered acute mental health centre shall be a decision of the person.

(6) The decision of the person, the subject of the revocation order, shall be recorded in that person’s medical records.

(7) Where a consultant psychiatrist revokes an order under subsection (1), the consultant psychiatrist shall give to the person concerned and his or her legal representative (if any) a notice in a form specified by the Commission to the effect that he or she—

(a) is no longer involuntarily admitted,

(b) is free to leave the registered acute mental health centre, or with the agreement of his or her responsible consultant psychiatrist, stay as a voluntarily admitted person, and

(c) subject to subsections (9) to (12) and (14), is entitled to have his or her involuntary admission reviewed by a review board in accordance with the provisions of section 31 or, where such review has commenced, completed in accordance with that section if he or she so requests by notice in writing addressed to the Commission within 14 days of the date of his or her discharge.

(8) Where a responsible consultant psychiatrist revokes an order under subsection (1), he or she shall cause copies of the order made under that subsection and the notice referred to in subsection (7) to be given to the Commission and, subject to the consent of the previously admitted person, any other party.

(9) Subject to subsection (10), where an order is revoked under subsection (1) in respect of a person and the order has been referred to a review board under section 30 but the time and date has not been scheduled for the hearing of the review of the detention by the review board or the hearing has not commenced, the hearing by the review board shall not commence unless the person the subject of the order or his or her legal representative requests by notice in writing addressed to the Commission, as soon as practicable, but no later than 14 days after the date of the revocation of the order, that the review be completed.

(10) Where an order is revoked under subsection (1) and the revocation takes place within 48 hours before the time and date scheduled for the hearing of the review of the detention by the review board, the review shall continue at the time and date scheduled if the person or his or her legal representative submits a request in writing to the Commission to confirm that he or she wishes the hearing to proceed on that date.

(11) Where no request for the hearing to proceed is received under subsection (10), the review shall be discontinued.

(12) Where a person or his or her legal representative requests under subsection (9) that a review be completed, that review shall take place within 21 days of the date the request is made.

(13) Where a person who is the subject of an order revoking his or her involuntary admission requests that a review be completed or held, as the case may be, under subsection (9), the provisions of sections 30 , 31 and 32 shall apply in relation to the review with any necessary modifications.

(14) Notwithstanding section 31 (2), in the case of an involuntary admission order or renewal order, where a person requests that a review be completed or held, as the case may be, under subsection (9) or (10), the review board shall review the detention of the person concerned and shall determine whether—

(a) (i) the provisions of sections 8 , 11 to 25 and 37 , where applicable, were complied with, or

(ii) if there was a failure to comply with any such provision, if the failure affected the substance of the order and caused an injustice,

and

(b) the consultant psychiatrist who made the involuntary admission order or renewal order did so on the date the order was made on the basis that the person fulfilled the criteria for involuntary admission at the time of the making of the involuntary admission order or renewal order, as the case may be.

(15) Where a person is going to be discharged or has been discharged under subsection (1), a member of the person’s multidisciplinary team shall engage with the person concerned and, in so far as is practicable and where appropriate, liaise with any nominated person for the purposes of planning the discharge of the person who is being discharged.