NR Discharge Barring Section 2 — MRCPsych Paper B MCQ

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ModerateMental Health LawNR Discharge Barring Section 2MRCPsych Paper B

In England, a patient is detained under section 2 of the Mental Health Act 1983. Her nearest relative gives the hospital managers written notice of an intention to order her discharge. Within what period after the notice is given may the responsible clinician furnish a report barring the discharge?

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Correct answer: D — Within 72 hours

The correct answer is D. Under section 25, a nearest relative must give hospital managers at least 72 hours’ written notice before making an order for discharge. During that 72-hour period, the responsible clinician may furnish a barring report if, in their opinion, the patient would be likely to act dangerously towards themself or others if discharged. Therefore, a section 2 patient can have a nearest-relative discharge barred, so A is incorrect. The 24-hour and 7-day periods do not apply to this process. Twenty-eight days is relevant to certain tribunal time limits, not to the period for furnishing the barring report. The original wording was inaccurate because the nearest relative gives notice of an intended discharge order; they do not apply to hospital managers for discharge.

Reference: Mental Health Act 1983, section 25, current consolidated legislation, accessed August 2026. https://www.legislation.gov.uk/ukpga/1983/20/pdfs/ukpga_19830020_en.pdf