Hearings following Form M2 barring NR discharge

If a RC completes a M2 barring NR discharge does the hospital have to hold a managers hearing or tribunal or is it up to the NR to apply.
Many thanks

Hi Heather, if it’s in relation to s.3, the NR may apply to the Tribunal within 28 days of the barring. The hospital should consider holding a managers hearing, but it’s not a requirement to actually go ahead with it. For instance if the NR did apply to the Tribunal, it would be potentially be a waste of time and resources to have a managers hearing as well.

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Hya Heather
I agree with Guy.

Thank you :slight_smile:

The Mental Health Act office will write to the nearest relative acknowledging their request for discharge and informing them of the RC’s decision to bar discharge after any barring report has been issued (section 25 (2)

The hospital managers must consider holding a review. The Mental Health Act office will also make the arrangements for a hospital managers hearing to consider whether the Barring Order is justified. Nearest Relative or patient does not have to do anything.

RC must certify that “the patient, if discharged, would be likely to act in a manner dangerous to other persons or to himself/herself”. This is the only basis for preventing discharge.

The managers will discharge if not satisfied of the dangerousness criterion R (Huzzey) v Riverside MH Trust (1998) EWHC Admin 465), but retain the discretion not to discharge in exceptional circumstances (R (SR) v Huntercombe Maidenhead Hospital (2005) EWHC 2361 (Admin)).

Nearest relative can apply for discharge to the First Tier Tribunal if patient is on a section 3 within 28 days of being informed of the barring order.

Nearest relative cannot order discharge again during the period of six months beginning with the date of the baring order. (section 25 1(b))


Thank you for all your answers

The hospital has to convene a hospital managers hearing.

It doesn’t; the Act does not require it, which is why the Code states that it is a course of action that should merely be considered.

Hya Jon
I am afraid I agree with Guy Managers are only obliged to consider whether to sit!

OK. I accept the hospital is not obliged to set up a managers review. I just meant it’s generally seen as good practice.

Yes Jon and I always say why not hold a manager’s hearing anyway!

Am I right that the Tribunal will then apply the original criteria, not the dangerousness criteria?

If the tribunal application was made by the nearest relative then the tribunal would consider the dangerousness criterion (see s66(1)(g), and s72(1)(b)(iii) and (c)(v)). With any other application or reference the tribunal is not obliged to consider dangerousness (R (MH) v Secretary of State for the Department of Health [2004] EWHC 56 (Admin)) but in theory could choose to as part of their discretion. There’s a Dangerousness criterion page on MHLO.

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Thanks very much!

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