Habeas corpus following NR discharge requests

Hi all,

I’m hoping you may be able to advise. Back in February an NR discharge was issued on 8th, following conversations with the NR and MDT it was agreed that it would be re-issued on 12th Feb, which was then barred on 14th Feb. The MHA Managers Hearing took place on 19th Feb. The solicitor has now been in contact and advised that the application was not withdrawn (even though an email was received by the NR informing they would be re-issuing the discharge order on 12th) and t
that they will be issuing a Habeas Corpus Writ for discharge as the application was not dealt within the timeframe.

Are you able to advise what this will mean and what action we will need to take.
Many thanks

1 Like

Hi Heidi,

Your legal department will receive papers from the High Court - you may wish to forewarn them as timescales for Habeas Corpus are tight.

If I were you, I would engage with your legal department ASAP. If you do not have a legal department, then get hold of whichever firm your hospital uses and put them on notice that this is in the pipeline. Get together all the paperwork to do with the matter, including emails to/from the solicitor and start to write a statement about what happened around the time that the applications were made.

It;s not really appropriate to give to specific legal advice in a forum like this as we wouldn’t have all the facts at hand and may give you wrong advice as a result.


That’s really helpful. Thank you.