# DOH Referral - withdrawing

**URL:** <https://forum.mentalhealthlaw.co.uk/t/doh-referral-withdrawing/576>\
**Category:** Mental Health Tribunal\
**Tags:** withdrawal\
**Created:** [14 July 2021 10:16 UTC](https://forum.mentalhealthlaw.co.uk/t/doh-referral-withdrawing/576 "2021-07-14T10:16:07Z")\
**Posts on this page:** 1\
**Showing post:** 10

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**Author:** ![Rob\_Beech](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/r/c4cdca/32.png) [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\
**Post date:** [14 September 2021 12:55 UTC](https://forum.mentalhealthlaw.co.uk/t/doh-referral-withdrawing/576/10 "2021-09-14T12:55:27Z")

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So what happened in this case was that STJ 1 & then 2 both indicated that they wouldnt accept a withdrawal on the basis that only the DOH could make it.

I pointed out the definition of party in a long letter and the very helpful STJ Rickman dealt with the matter and consented to the withdrawal. I also spoke by phone with STJ Chahal afterwards who confirmed that this approach was correct and a DOH referral can be withdrawn by the patient because they are a party to the proceedings.

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