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Section 41 – The conditionally discharged patient

Why am I on a Section 41?

A Section 41 is also called a “restriction order” and operates like a community section. You were originally on a Section 37/41 and have been discharged from Section 37 by a Mental Health Tribunal or the Ministry of Justice. Which means that the Section 37 has ended but the Section 41 remains in place.

This means that you can live in the community with a number of conditions imposed on you. This is known as a “conditional discharge”.

How long does it last and what happens next?

The restriction order may last for a fixed period of time or it may be indefinite.

The powers in Section 41 are flexible but may include that you live at a specified place and accept treatment for your mental illness. However, treatment can only be given with your consent. You could also be required to keep appointments with your supervisor who will usually be an approved mental health professional (AMHP) or probation officer and also with your responsible clinician.

If you fail to comply with the conditions the Ministry of Justice will be informed and you could be recalled to hospital. The original Section 37/41 would then be reinstated.

There are two ways for the conditional discharge to end either by the Ministry of Justice or a Mental Health Tribunal granting an absolute discharge.

Can I be medicated against my will?

No. However, you may be required to take medication as part of the conditions of your conditional discharge.

How can I appeal?

You can appeal to the Mental Health Tribunal, once in the first 12 to 24 months after the conditional discharge and then once in every two year period after that.