# Nearest Relative withdrawal of order to discharge **URL:** \ **Category:** Mental Health Act\ **Tags:** nr\ **Created:** [27 November 2023 17:21 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-withdrawal-of-order-to-discharge/2030 "2023-11-27T17:21:24Z")\ **Posts on this page:** 9\ **Page:** 1
**Author:** ![Cathd](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/c/ea5d25/32.png) [@Cathd](https://forum.mentalhealthlaw.co.uk/u/Cathd)\ **Post date:** [27 November 2023 17:21 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-withdrawal-of-order-to-discharge/2030/1 "2023-11-27T17:21:24Z")
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 ---
**Author:** ![whittakerc](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/w/9f8e36/32.png) [@whittakerc](https://forum.mentalhealthlaw.co.uk/u/whittakerc)\ **Post date:** [28 November 2023 09:09 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-withdrawal-of-order-to-discharge/2030/2 "2023-11-28T09:09:37Z")
Hi Catherine It can only be withdrawn prior to the barring cert being completed ---
**Author:** ![SGREEN](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/46a35a/32.png) [@SGREEN](https://forum.mentalhealthlaw.co.uk/u/SGREEN)\ **Post date:** [28 November 2023 09:09 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-withdrawal-of-order-to-discharge/2030/3 "2023-11-28T09:09:39Z")
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. ---
**Author:** ![Cathd](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/c/ea5d25/32.png) [@Cathd](https://forum.mentalhealthlaw.co.uk/u/Cathd)\ **Post date:** [28 November 2023 11:05 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-withdrawal-of-order-to-discharge/2030/4 "2023-11-28T11:05:54Z")
Thanks to both of you. That is what I thought, good to have it confirmed. Kind regards Cath ---
**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Post date:** [28 November 2023 11:57 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-withdrawal-of-order-to-discharge/2030/5 "2023-11-28T11:57:38Z")
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. ---
**Author:** ![Cathd](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/c/ea5d25/32.png) [@Cathd](https://forum.mentalhealthlaw.co.uk/u/Cathd)\ **Post date:** [28 November 2023 12:40 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-withdrawal-of-order-to-discharge/2030/6 "2023-11-28T12:40:56Z")
Thank you all. Very helpful Cath ---
**Author:** ![Saralou50](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/ee7513/32.png) [@Saralou50](https://forum.mentalhealthlaw.co.uk/u/Saralou50)\ **Post date:** [11 January 2024 14:06 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-withdrawal-of-order-to-discharge/2030/7 "2024-01-11T14:06:22Z")
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? ---
**Author:** ![GuyDavis](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/g/eb9ed0/32.png) [@GuyDavis](https://forum.mentalhealthlaw.co.uk/u/GuyDavis)\ **Post date:** [11 January 2024 17:35 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-withdrawal-of-order-to-discharge/2030/8 "2024-01-11T17:35:49Z")
It’s the barring that triggers (according to the Code, not the Act) the need to consider whether or not to have a review. ---
**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Post date:** [13 January 2024 16:41 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-withdrawal-of-order-to-discharge/2030/9 "2024-01-13T16:41:37Z")
A post was split to a new topic: [Nearest relative’s power to object](https://forum.mentalhealthlaw.co.uk/t/nearest-relatives-power-to-object/2137)