Who Are the Hospital Managers?

Hospital managers are a panel appointed by the hospital Trust. They are independent from your clinical team and review whether your detention under the Mental Health Act should continue. Their role is to make sure decisions are fair and follow the law.

If you’ve been sectioned or put on a CTO, you should have been told how to contact them. If not, ask staff on the ward or at your clinic. An IMHA can also help you get in touch.

When Do Hospital Managers Review Discharge?

Managers can look at your case at any time, but they must review it in certain situations, such as when:

• Your responsible clinician renews your section or CTO.
• You ask them to discharge you.
• Your nearest relative tries to discharge you but this is blocked with a barring report.

Note: Managers cannot discharge people detained under sections 35, 36, 38, 5, 135, or 136 of the Mental Health Act.

Restricted Patients

If you are classed as a restricted patient, hospital managers cannot discharge you. Only a Mental Health Tribunal or the Secretary of State for Justice has the power to do that.

What Can and Can’t Hospital Managers Do?

Managers can decide whether your detention should continue. They apply the legal criteria in the Mental Health Act and must consider the least restrictive option.

However, they cannot:

• Place you on a CTO or conditional discharge.
• Grant you leave from hospital while you are detained.
• Authorise transfers between hospitals.

These decisions are made by your responsible clinician or through other legal processes.

How Hospital Managers Assess Discharge

Managers review whether the legal reasons for your detention still apply. They will consider:

• Your current mental health.
• Whether hospital treatment is still necessary for your health or safety, or for the protection of others.
• Whether there are safe alternatives in the community.

They will read reports from your care team. You should normally be allowed to see these reports unless sharing them would cause serious harm. Your IMHA, nearest relative, or solicitor can also help you review them.

How to Ask for a Discharge Review

You can ask hospital managers to review your detention at any time. However, they may decide not to hold a full hearing if:

• You have asked recently and there has been no change in your situation.
• You have recently had a tribunal and your circumstances remain the same.

If you need support, you can speak to an IMHA or a solicitor.

What Happens at a Managers' Meeting?

The meeting must be fair. You should receive reports in advance so you can prepare.

• You can explain why you think you should be discharged.
• You can bring a solicitor, advocate, family member, or friend.
• Your care team will explain their view.
• The panel will ask questions before making a decision.

The decision must be given with reasons.

If Managers Do Not Discharge You

If managers decide not to discharge you, you may still have the right to apply to a Mental Health Tribunal. An IMHA or solicitor can help you understand your options.

In certain legal circumstances, hospital managers can refer your case to a tribunal if you have not applied yourself. You can ask staff or your IMHA for more information about this.