Section 42 – Conditionally discharged restricted patients

1. Patient’s name

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2. Name of the person in charge of your treatment (your “responsible clinician”)

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3. Name of social supervisor

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4. Name of mental health solicitor

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5. Name of independent mental health advocate

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You are given this leaflet because you were discharged from hospital to live in the community under Section 42.

This is a restriction order in the community, called a “conditional discharge”. This means you are free to live in the community, but under some rules. These rules are called conditions of your Section.

The court put you under this Section as it is important for you to stay in good mental health and to keep others safe.

1. You were on a Section 37/41 in hospital
2. The Section 37/41 was taken off and you were discharged from hospital
3. You are now under Section 42

Conditions are rules that you have to follow. Examples include:
• Accepting medication for your mental health
• Living at an agreed address
• Not taking any illegal drugs
• Urine tests to look for drugs

You will be asked to meet with:
• Your social supervisor, who will usually be an approved mental health professional
• Responsible clinician

If you do not follow your conditions, you may become unwell.

If you say no to these conditions, your care team will meet with you. This will be to see if you are unwell and if you need to be in hospital again.

If your mental health or risks cannot be helped in the community, there is a chance that you could be recalled to hospital by the Ministry of Justice.

You will then be put back onto your old Section (37/41).

No, but you may be asked to take medication as part of the “conditions” of your discharge.

Your Responsible Clinician will tell you when they think you are ready to have it removed. They will then ask the Ministry of Justice to do so.

Yes, you can ask the Mental Health Tribunal to look at your case again. This is called an “appeal”.

You can appeal by requesting a Mental Health Tribunal meeting.

A Mental Health Tribunal is a group of people who do not know you personally and are responsible for deciding whether you can end your Section or not.

They will hold a meeting with you and your care team. This meeting is called a “hearing”. The Mental Health Tribunal will read written reports about you and your care.

The Mental Health Tribunal have the following powers to choose from:

1. To end your Section, with absolute discharge
2. To continue with your current conditions
3. To request the Ministry of Justice to remove a condition or some conditions

You cannot appeal in the first 12 months of discharge from hospital.

But you can appeal after this
Under one year = No
After one year = Yes

If the Mental Health Tribunal does not discharge you, then you can apply again every two years from then on.

If you want to apply to the Tribunal, you can ask your mental health team or independent mental health advocate for a mental health solicitor. This help is free. Your care team must give you a list of solicitors who can help.

Your care team can give you a leaflet on what an independent mental health advocate is as well as a leaflet on the Mental Health Tribunal process.

There are two ways to remove this Section.
1. The Ministry of Justice can discharge you from Section 42
or
2. A Mental Health Tribunal tells your team that you must be discharged from Section 42.

This is called an “absolute discharge”, which means you don’t have to follow your “conditions” if you don’t want to. You will still have access to mental health care if you still need it.

If you want to make a comment, suggestion, compliment or complaint you can:

• talk to the people directly involved in your care
• ask a member of staff for a feedback form, or complete a form on the Trust website
• telephone the Complaints Department on 0191 245 6672
• email [email protected]. Please note that information sent to the Trust via email is sent at your own risk

We are always looking at ways to improve services. Your feedback allows us to monitor the quality of our services and act upon issues that you bring to our attention. You can provide feedback in the following ways:

• the quickest way for you to do this is to complete our short online survey at www.cntw.nhs.uk/yourvoice
• complete a Your Voice survey, available on wards, reception areas or from staff
• other options for sharing your feedback and experience www.cntw.nhs.uk/yourfeedback

Patient Advice and Liaison Service (PALS)
PALS provide confidential advice and support, helping you to sort out any concerns that you may have about any aspect of your or your loved ones care.

We act independently when handling patient and family concerns, liaising with staff, managers and, where appropriate, relevant organisations, to negotiate prompt solutions. If necessary, we can also refer patients and families to specific local or national-based support agencies.

North of Tyne
Telephone: 0800 032 0202
Email: [email protected]
Post: FREEPOST PALS

South of Tyne
Telephone: 0800 328 4397
Text: 07825 061 035
Email: [email protected]
Post: Patient Advice and Liaison Service, Garden Lodge, Hopewood Park, Ryhope, Sunderland, SR2 0NB

9am to 4.30pm, Monday to Friday

An answerphone is available at all times for you to leave a message. A member of the PALS team will aim to return your call as soon as possible.

If there is anything you do not understand about your care and treatment, a member of staff will try to help you.

Please ask a member of staff to explain if there is anything in this leaflet you do not understand or if you have other questions that this leaflet has not answered. Please ask if you would like another copy of this leaflet for someone else.

Further information about the content, reference sources or production of this leaflet can be obtained from the Patient Information Centre. If you would like to tell us what you think about this leaflet please get in touch.

This information can be made available in a range of formats on request (Braille, audio, larger print, easy read, BSL or other languages). Please contact the Patient Information Centre on 0191 246 7288.

Published by the Patient Information Centre
2024 Copyright: Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust
Ref: PIC/869/1224 December 2024 V2

Website: www.cntw.nhs.uk
Telephone: 0191 246 7288

Review date 2025