Member

The noble Baroness, Lady Berridge, raised some concerns about inappropriate discharge by the nominated person, a point that I understand. As the noble Baroness is aware, the nominated person has the power to discharge from detention under the Act. I can say in initial response that the responsible clinician can overrule the request to discharge from detention under the Mental Health Act. The parent or other person who the patient lives with would be involved in the decision to discharge from hospital, and this is a separate decision. The responsible person should consult those people concerned for the patient’s welfare, including the family, where relevant, on the patient’s care and treatment plan. That includes the discharge plan, which is set out clearly in the Bill.