Nigel Turner's HyperGUIDE to the Mental Health Act

Conditional Discharge of People Subject to Restriction Orders

Someone who has been subject to a Restriction Order may be discharged from hospital, subject to conditions imposed by the Home Office (under Section 42) or by the Mental Health Review Tribunal (under Section 73). In either case the person can later be recalled to hospital by the Home Office. The conditions which can be imposed are not defined in the Act, but might typically include:

• supervision by a social supervisor (normally a local authority social worker, or a probation officer) who will provide support to assist the person's resettlement in the community. The social supervisor will also alert the Home Office to any potential need for the person to be recalled to hospital, or, on the other hand, to any indications that absolute discharge should be considered.
• supervision by a supervising psychiatrist who will provide medical reports to the Home Office and oversee medical treatment in the community. However, compulsory treatment cannot be given to conditionally discharged patients.
• a requirement to live at a specified address.

Duration and Appeals

If the original Restriction Order was time-limited, the conditional discharge, and the possibility of being recalled to hospital, cannot last beyond the end of that period. However, many Restriction Orders are indefinite. A conditionally discharged person (who has not been recalled to hospital) can appeal to the Mental Health Review Tribunal in accordance with Section 75, at the following times:

• once between 12 months and 24 months after the conditional discharge, and (if not then absolutely discharged) again,
• once in the next two year period (that is the third and fourth years after conditional discharge), and once in each following two year period.

The Mental Health Review Tribunal may:

• change nothing
• vary the conditions
• add new conditions
• absolutely discharge the person from the Hospital Order / Restriction Order altogether, so that there is no liability to be recalled to hospital and no conditions to be adhered to.

Notes

Conditional Discharge can only apply to people who have been through the courts. Supervised Discharge, which can be used for patients to whom Section 117 aftercare applies, does not include a power to recall to hospital.