Hi All,
I have a couple of questions regarding a Nearest Relative (NR) asking to discharge their son under the MHA Section 3.
I understand that the RC has the right to barr the request of discharge that the NR has asked for within a 72 hour period.
The nature of the letter was emailed and sent on a weekend night (Saturday night), and therefore I am wondering when does the 72 hour period actually start from?
Would it be started on the Saturday night (when it has been sent) or on the Monday morning (when the RC has received it) - as the RC only works Monday to Friday.
I also wonder would the patient be able to leave the hospital within the 72 hours or would it be the case that the patient has to wait until the 72 hours have past?
Thank you for any response/answer to this.
Anonymous
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The answer is found in the 2020 Amendment (Statutory Instrument 2020 No. 1072) to the 2008 Regulations.
Regulation 8 states:
b) Where an order or notice referred to in paragraphs (3) or (4) is sent by means of electronic communication, service is considered to have taken place at the beginning of the next business day after the day on which the order or notice was sent.”.
Paragraph 3 includes s23 discharge orders. Therefore, the 72-hour countdown will start on Monday morning, as long as it was sent to a person authorised to receive it (such as the Mental Health Act Administrator) otherwise will be considered “served” when it is emailed to someone authorised to receive it via the hospitals internal mailing system.
The notice does not come into effect until after 72 hours, so the patient cannot discharge themselves until that period has passed (although can temporarily “leave” the hospital in accordance with authorised leave by the RC under Section 17).
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I had the same issue. The RC can only bar the discharge notice if they feel that if discharged can be a danger to themselves or others and this is the only reason. My wifes RC disbarred my discharge notice but management meeting was held 3 weeks later and proved the disbar notice was not warranted and discharged my wife the same day
The 72 hours starts from the tome the letter was received. It would of probably been better to hand it in personally so you have a time frame
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