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This leaflet includes information for people who have been discharged from hospital to live in the community under Section 42 of the Mental Health Act. This means you are free to live in the community, but under some rules.

Patient's name
 
Name of the person in charge of your treatment
(your responsible clinician)
 
Name of social supervisor
 
Name of mental health solicitor
 
Name of independent mental health advocate (IMHA)
 

A member of staff or a carer can support you to read this booklet. They will be able to answer any questions that you have. Please ask if you would like another copy of this leaflet for someone else.

You are leaving hospital to live in the community under Section 42 conditional discharge.

You are well enough to leave hospital, but your care team has concerns. Your care team thinks that:

  • You may stop your treatment
  • You may need to return to hospital at short notice for treatment

This is a restriction order in the community. We call this a conditional discharge.

Your care team will support you to stay well in the community. You must follow some rules. These rules are conditions of your Section.

Your responsible clinician can recall you back to hospital if:

  • You need hospital treatment again
  • You do not follow your conditions

They will tell you about the care you need after leaving hospital.

Some conditions may limit your freedom. We call this deprivation of liberty. This is often called a supervised discharge.

Your care team and the Ministry of Justice (MoJ) agreed you could leave hospital. But you still need support and rules. This helps keep you and others safe.

  1. You were in hospital on a Section 37/41
  2. The MoJ or Mental Health Tribunal discharged you from hospital with certain conditions
  3. You are now under Section 42

Conditions are rules you must follow. Examples include:

  • Accepting medication for your mental health
  • Living at an agreed address
  • Not taking illegal drugs
  • Giving urine samples to check for drugs
  • Not allowed to go out on your own
  • You must meet with your responsible clinician and social supervisor

If you break your conditions, we may recall you back to hospital.

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

If you cannot manage your mental health needs or risks in the community:

  • The Ministry of Justice may recall you to hospital
  • They will put you back on your old Section 37/41

No. But you may need to take medication as part of your conditions.

Section 42 has no end date. Your responsible clinician decides when it can end. They will then ask the Ministry of Justice to remove it.

Yes. You can ask the Mental Health Tribunal to look at your case. We call this an appeal.

A Mental Health Tribunal is an independent group of people. We call this a panel. The panel does not know you. They decide if your Section should end or not.

They will meet with you and your care team. We call this meeting a hearing.

The panel will read reports about you and your care.

The Tribunal can decide to:

  1. End your Section with absolute discharge
  2. Keep your current conditions
  3. Ask the Ministry of Justice to remove conditions

You can appeal 12 months after hospital discharge.

  • Under one year = No
  • After one year = Yes

If the Tribunal rejects your appeal, you can apply again every two years.

You can appeal 6 to 12 months after discharge. This also applies from the start of your supervised discharge.

  • Under six months = No
  • After six months = Yes

If the Tribunal rejects your appeal, you can apply again every two years.

You can write to:
The Tribunals Service
PO BOX 8793 5th Floor
Leicester
LE1 8BN

Telephone: 0300 303 5857

You can get help from:

  • Your care team
  • An Independent Mental Health Advocate (IMHA)
  • A mental health solicitor
  • Mental Health Act office

Legal support is free of charge. Your care team can give you a list of solicitors.

Independent Mental Health Advocate (IMHA)
You have the right to support from an IMHA:

  • They work separate from your care team
  • Helps you know about your rights
  • Helps you know about your care and treatment
  • Speak for you or support you to speak for yourself

Section 42 can end in two ways:

  • The Ministry of Justice discharges you
  • A Mental Health Tribunal discharges you

We call this an absolute discharge.

After this:

  • You do not need to follow conditions
  • You can still get mental health care if needed

You can talk to a staff member or use the contacts listed below. See other ways to give feedback.

Your Voice

You can use this email to tell us what you think about your care. This can be good or bad. You can also ask us to tell you what happens after you send feedback.

Email: yourvoice@cntw.nhs.uk

Comments and complaints

If something went wrong, please tell us. This will help us improve services.

Email: complaints@cntw.nhs.uk
Telephone: 0191 245 6672
Write to: Complaints Department, Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust, St Nicholas Hospital, Gosforth, Newcastle upon Tyne, NE3 3XT.

Care Quality Commission

The Commission checks how the Mental Health Act is used. They make sure it is used correctly and that patients are cared for properly.

Email: enquiries@cqc.org.uk
Telephone: 03000 61 61 61
Write to: CQC Mental Health Act
Citygate
Gallowgate
Newcastle upon Tyne
NE1 4PA

Or fill out a CQC Tell us your experience online form

Patient Advice and Liaison Service (PALS)

PALS offer a free, confidential service. They can help if you are worried about your care. They support patients, families and carers.

PALS North of Tyne
(services in Newcastle, North Tyneside, Northumberland and North Cumbria)
Email: pals@nhct.nhs.uk
Telephone: 0800 032 0202

PALS South of Tyne
(services in Sunderland, Gateshead, South Tyneside and Lotus Ward, Middlesbrough)
Email: pals@cntw.nhs.uk
Telephone: 0800 328 4397

You can get more information about this leaflet from the Patient Information Centre. This includes how the leaflet was made. We can provide this leaflet in other formats. These include Braille, audio, large print, Easy Read, British Sign Language, and other languages.

We welcome your feedback about this leaflet. You can email pic@cntw.nhs.uk

Published by the Patient Information Centre
2026 Copyright: Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust

Ref: PIC/869/0726 V4
Review date 2028

Website: www.cntw.nhs.uk – Telephone: 0191 246 6800