S2 Barring Period — MRCPsych Paper B MCQ

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ModerateMental Health LawS2 Barring PeriodMRCPsych Paper B

In England, a patient is detained under section 2 of the Mental Health Act 1983. Their nearest relative gives the hospital managers written notice of an order for discharge. Within what period after the notice is given may the responsible clinician furnish a section 25 report barring the discharge?

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Correct answer: D — 72 hours

The correct answer is D: 72 hours. A nearest relative must give the hospital managers at least 72 hours' written notice before ordering discharge. During that 72-hour period, the responsible clinician may furnish a section 25 barring report if satisfied that, if discharged, the patient would be likely to act in a manner dangerous to themselves or others. Thus the responsible clinician does have a power to bar discharge, excluding A. Twenty-four hours and 7 days are not the statutory periods. Twenty-eight days is relevant to a nearest relative's Tribunal application after a barring report for section 3 detention or certain CTO cases; it does not apply to a patient detained under section 2.

Reference: Department of Health and Social Care, Mental Health Act 1983: reference guide, section 4.9 (nearest relative discharge), 2015. https://www.gov.uk/government/publications/mental-health-act-1983-reference-guide