Guidance

Supervised Discharge FAQs

Published 18 February 2026

Applies to England and Wales

Q1. What is supervised discharge?

A1. Supervised discharge is the name Mental Health Casework Section (MHCS) has given the option to deprive a restricted patient of their liberty when they are granted a conditional discharge. As a result of changes in the Mental Health Act 2025 both the Secretary of State for Justice and the Mental Health Tribunal (in England or Wales) can now authorise a conditional discharge with a condition that amounts to a deprivation of liberty.

You can read the guidance here.

Q2. Is supervised discharge different from conditional discharge?

A2. Supervised discharge is simply a conditional discharge that includes the power to deprive someone of their liberty. This condition has not previously been available for capacitous patients who would not be eligible to be treated under the Mental Capacity Act 2007.

Q3. What cases are likely to be eligible for supervised discharge?

A3. MHCS believes that those patients who are currently using Long Term Leave of Absence are likely to be suitable for supervised discharge. To qualify patients must be able to abide by the constraints of their care plan such as being escorted at all times in the community and they must require this supervision for the protection of others.

Additionally such patients will not be receiving further therapeutic benefit from being treated in hospital. If you think you may have an eligible patient, please read our detailed guidance.

Q4. How many patients will be appropriate for a supervised discharge?

A4. It is expected that low numbers of patients will be considered suitable for a supervised discharge. It is a means by which a small cohort of patients, whose risk to others dictates that they must be deprived of their liberty, can be discharged. Such patients will not be receiving any further therapeutic benefit from remaining in hospital but will need careful management in the community.

Q5. Do patients have to consent to supervised discharge?

A5. The patient must be able to understand and comply with the conditions of their discharge. They may not agree with those conditions but they have to accept being supervised and understand that if they are not willing to continue to be supervised according to their care plan they may be at risk of being recalled to hospital.

Q6. What are the proposed conditions for someone on supervised discharge?

A6. Existing conditions of discharge will continue to be available with the addition of a condition that will relate to being supervised when in the community . The care plan for the patient may include other limitations such as monitoring of internet-enabled devices, physical security requirements and relational security arrangements.

Q7. What about the principle of the least restrictive option, can I introduce things like unsupervised time in the community? A7. The principle of the least restrictive option must be finely balanced against the need to protect the public from further harm by the patient which is why we include the condition that will deprive the patient of their liberty. Any consideration of a change to escorting arrangements must be discussed with a senior manager in MHCS who may not agree to that change. You can contact MHCS by email, mhcsmailbox@justice.gov.uk.

Q8. I have a detained patient I would like to be considered for supervised discharge, how do I request this?

A8. If you wish to apply to the Secretary of State for Justice for a conditional discharge with conditions that amount to a deprivation of liberty you should read the guidance published on the MHCS webpages www.mentally-disordered-offenders.gov.uk. The guidance sets out the process clearly and concisely.

Q9. I have a community patient I would like to be considered for supervised discharge, how do I request this?

A9. If you wish to apply to the Secretary of State for Justice for a conditional discharge with conditions that amount to a deprivation of liberty you should read the guidance published on the MHCS webpages www.mentally-disordered-offenders.gov.uk. The guidance sets out the process and provides the relevant contact details.

Q10. How long does it take to apply for a supervised discharge from the Secretary of State?

A10. Once the restricted patient is considered ready for the application process and an application is submitted it takes 28 days for the decision to be made and communicated to the team. However, the need for testing on escorted overnight leave and so on must have happened first. You can read more in the guidance

Q11. I have a patient who is subject to DoLS, do they need to be considered for supervised discharge?

A11. Most patients who are subject to a DoLS Order will not need the conditions that amount to a deprivation of liberty as an integral part of their conditions of discharge.

There are a small number of patients who currently have a DoLS Order which mitigates the risks the patient poses to others under the guise of preventing the patient suffering from the consequences of committing a further offence and it may be necessary for those patients to be dealt with under supervised discharge but this will be on a case by case basis.

Q12. Would patients still need a separate DoLS if there remain other risks to self, or if things like restraint are needed to keep someone/others safe?

A12. There will be cases where a DoLS Order is still required to ensure that a patient is fully compliant with issues such as physical health medication which are not covered by the Mental Health Act 1983. The need for these will be determined on a case-by-casen basis.

Q13. I have a patient who I think no longer requires supervised discharge, what should I do?
******** A13. You can read the guidance on the MHCS pages. The guidance sets out the options and provides appropriate contact details. Alternatively patients subject to supervised discharge have the right to regularly apply to the Tribunal for a review of their restrictions.

Q14. I want to request a recall for a supervised discharged patient, what should I do?

A14. During the working week please call the recall line on 0208 253 4725. Evenings, weekends and public holidays please call the out of hours service on 0300 303 2079.

MHCS will need a bed to recall the patient to. Clarity about the recall bed is a requirement of the Secretary of State when an application is made for SD via the MHCS application form.

Q15. What would a typical trajectory look like for a detained patient who would be moving onto supervised discharge?

A15. Patients would typically be identified early in their hospital journey as unsuitable for unescorted leave and this ought to be the point at which a clinical team would engage in a conversation with the MHCS. After escorted community leave had been used successfully the patient may be found a potential discharge address.

Testing initially during the daytime and then eventually overnight would be required. There would be a shift from escorting by hospital staff to escorting by accommodation staff. This can be managed under s17 (3) of the Mental Health Act 1983.

Q16. What are the expectations of the MoJ in regard to supervision and reporting for these patients, as compared to other conditionally discharged patients?

A16. MHCS requires the same level of professional curiosity and analysis as for any other conditionally discharged patient but there is an additional focus on how the supervision arrangements are working. Community teams will need to ensure that physical and relational security arrangements remain robust, confirming that patients are being managed consistently according to their care plan and that any issues are reported, including how those issues have been resolved.

Q17. What are supervised discharged patients’ rights to challenge their discharge?

A17. Patients can apply to the Tribunal for a review of the conditions of their discharge.

Q18.How often can such patients apply to a Tribunal?

A18. Patients can apply any time between the first 6-12 months of the Order taking effect. They can then apply every two years.

Q19. When would such patients be automatically referred?

A19. If, after the first 12 months the patient has not applied for a Tribunal hearing the Secretary of State will make a referral. The Secretary of State will make a referral every two years thereafter, if the patient has not applied.

Q20. Does the Tribunal have the power to grant a supervised discharge?

A20. The Tribunal can also conditionally discharge a restricted patient and include a condition that deprives the patient of their liberty.

Q21. Will the use of supervised discharge grow from the anticipated small numbers of patients as it will be perceived as a means of moving patients on from hospital?

A21. Supervised discharge allows patients who have not been able to be conditionally discharged before to live in the community. It is the response to a need rather than simply creating a new way to push service users into the community. Supervised discharge will not be right for every patient and the fact that the condition of supervision must be willingly adhered to is pertinent. Not all patients currently in hospital will be suitable for supervised discharge.

Q22. How does supervised discharge apply to transferred prisoners?

A22. MHCS and the Tribunal do not currently conditionally discharge transferred prisoners, and supervised discharge will therefore not be applied to them. As now, the Tribunal can confirm that the prisoner would have been entitled to a conditional discharge had they been a 37/41 patient and MHCS will refer all post-tariff prisoners who no longer require treatment to the Parole Board as at present.

Q23. What can be done if a patient is planning to leave their accommodation without supervision?

A23. Accommodation staff should be aware that if a patient decides to leave the accommodation the usual procedures of alerting the Police and following the processes set out in the patient’s care plan must be undertaken. Accommodation staff should make the patient aware that they are likely to be recalled to hospital if they choose to leave. Staff must also contact the community team as soon as possible who will discuss recall with MHCS. If a recall has been authorised the patient is immediately liable to be returned to hospital.