Guidance
Supervised discharge guidance
Guidance on how clinical teams can seek a conditional discharge with deprivation‑of‑liberty conditions, used only when necessary for safety and patient benefit.
Applies to England and Wales
Documents
Details
This guidance sets out the means by which clinical teams can seek, via the Secretary of State for Justice (SSJ), a conditional discharge and lawfully include a condition that amounts to a deprivation of liberty. This is the result of a change in the law, under the Mental Health Act 2025 (MHA 25).
Updates to this page
Published 18 February 2026