Section 2 Discharge Powers — MRCPsych Paper B MCQ

Instant feedback + full explanation. One question, done properly.

ModerateMental Health LawSection 2 Discharge PowersMRCPsych Paper B

A 28-year-old man is detained for assessment under section 2 of the Mental Health Act 1983 in England. Which of the following does NOT have statutory power to discharge him from detention before the section expires?

Educational content. Not a substitute for clinical judgement or local policy.

Reveal the answer and explanation

Correct answer: E — The approved mental health professional who made the application

The approved mental health professional who made the section 2 application has no statutory power to discharge the patient once the application has been completed. The responsible clinician and hospital managers have discharge powers under section 23. The First-tier Tribunal may order discharge following an application. The nearest relative may also order discharge after giving the hospital managers at least 72 hours' written notice. During that period, the responsible clinician may prevent the nearest-relative discharge by issuing a barring report under section 25, stating that the patient would be likely to act dangerously to themselves or others if discharged. Making the original detention application does not give the AMHP an ongoing power to revoke it.

Reference: Department of Health, Mental Health Act 1983: Code of Practice, chapter 32, paragraphs 32.17 and 32.20–32.26, 2015. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/396918/Code_of_Practice.pdf