If someone is detained under Section 2 of the Mental Health Act and their nearest relative orders their discharge but it is barred, can the nearest relative appeal to the Tribunal? If not, why not?
No. I can’t say I’ve looked the relevant Hansard extracts or consultation papers but presumably because (a) s2 has a lower threshold as it’s only for assessment, and (b) the NR can object to the s3 which then can’t be made unless they’re displaced.
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