ABSTRACT

There are also certain circumstances where the nearest relative can discharge the patient from compulsory powers. This places a check on professional powers. Unless the patient is likely to behave in a manner dangerous to themselves or others (a higher risk threshold than that used for admission, i.e. that detention is needed for the patient’s ‘health, safety or protection of others’) a nearest relative can order the discharge of a patient who is detained on Sections 2 or 3.