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NR Discharge and Barring — MRCPsych Paper B MCQ

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HardMental Health LawNR Discharge and BarringMRCPsych Paper B

In England, the nearest relative of a patient detained under section 3 of the Mental Health Act 1983 serves a valid written order for discharge on the hospital managers. The responsible clinician concludes that, if discharged, the patient would be likely to act in a manner dangerous to themselves or others. What may the responsible clinician lawfully do?

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Correct answer: C — Submit Form M2 within 72 hours, vetoing the order and barring another nearest-relative discharge order for six months

The correct answer is C. Under sections 23 and 25, the nearest relative's discharge order is subject to 72 hours' written notice. Within that period, the responsible clinician may furnish the hospital managers with a barring report on Form M2 if the patient, if discharged, would be likely to act dangerously towards themselves or others. The report vetoes the current order and prevents the nearest relative from making another discharge order for six months; it does not merely delay discharge for 72 hours. Because this patient is detained under section 3, the nearest relative may apply to the First-tier Tribunal within 28 days. No section 37 application is required, and documenting risk without submitting the statutory report does not bar discharge.

Reference: Department of Health, Reference Guide to the Mental Health Act 1983, paragraphs 27.16–27.20, 2015: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/417412/Reference_Guide.pdf