If a nearest relative gives notice of their intention to discharge their relative and the RC completes the barring certificate can the NR then withdraw their notice.
Thanks
Hi Catherine
It can only be withdrawn prior to the barring cert being completed
2 Likes
No.
The nearest relative can only withdraw the order of discharge within 72 hours period in the event of the RC not issuing a barring report.
2 Likes
Thanks to both of you. That is what I thought, good to have it confirmed.
Kind regards
Cath
1 Like
I agree. The Act doesn’t explicitly say that the NR can withdraw the order at all – it’s just a sensible interpretation, but not one that you could extend to the period after a barring report. It’s mentioned in Jones in the general note to s25 (p199 of the 26th edition):
the nearest relative can withdraw the order of discharge within the 72 hour period in the event of the RC not issuing a barring report.
Thank you all. Very helpful
Cath
1 Like
We have just had this - NR request for discharge, barring order completed then NR wants to withdraw request.
Do we still need to have a hearing?
It’s the barring that triggers (according to the Code, not the Act) the need to consider whether or not to have a review.
A post was split to a new topic: Nearest relative’s power to object