Legislation – Mental Health Act 2025
Changes to legislation:
There are currently no known outstanding effects for the Mental Health Act 2025, Section 34.
Changes to Legislation
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Discharge: process
34Discharge: process
“(2A)
Before making an order for discharge by virtue of subsection (2)(a), the responsible clinician must consult a person—
(a)
who has been professionally concerned with the patient’s medical treatment, and
(b)
who belongs to a profession other than that to which the responsible clinician belongs.
(2B)
Before making an order for discharge by virtue of subsection (2)(b)—
(a)
the responsible clinician must consult a person—
(i)
who has been professionally concerned with the patient’s care or treatment, and
(ii)
who belongs to a profession other than that to which the responsible clinician belongs;
(b)
the responsible local social services authority must ensure that whoever is taking the decision for the authority consults a person who has been professionally concerned with the patient’s care or treatment (whether or not a member of staff of the authority);
(c)
the patient’s nominated person must consult the responsible local social services authority.
(2C)
Before making an order for discharge by virtue of subsection (2)(c)—
(a)
the responsible clinician must, if they are not the community clinician, consult the community clinician;
(b)
the hospital managers must consult the community clinician.”