Section 34 of the Act amends section 23 of the 1983 Act relating to the discharge of individuals from sections of Part 2 and Part 3 of the 1983 Act. This amendment covers section 2, section 3, guardianship under Part 2of the 1983 Act, as well as restricted, unrestricted and guardianship patients under Part 3 of the 1983 Act. This amendment also covers patients subject to Community Treatment Orders (CTO).
	Under the 1983 Act, the responsible clinician in charge of the patient’s care and treatment has the power to unilaterally decide to discharge an individual from section 2, section 3 and unrestricted patients subject to a hospital order under Part 3. For patients subject to a restriction under Part 3 of the 1983 Act, the decision to discharge (either absolutely or conditionally) remains for the Secretary of State for Justice and/or the Tribunal. Section 34, amends section 23 of the 1983 Act by inserting a number of new subsections. New subsection (2A) requires that the responsible clinician consults with a person who has been professionally concerned with the patient's medical treatment, and who belongs to a different profession to them, before they discharge (or, in the case of restricted patients, recommend discharge) the individual from detention. The consultee will most likely be a person from the patient’s multidisciplinary clinical team, such as an occupational therapist, nurse or psychologist. This amendment seeks to formalise best practice and is one in a number of other measures that should be taken before an individual can be safely discharged from a hospital bed (as set out in guidance).
	New subsection (2B) requires that the relevant decision maker responsible for discharging an individual from guardianship consults with a second person. Where the responsible clinician is taking the decision to discharge the individual, they must consult with a person who (as above) has been professionally concerned with the patient's medical treatment, and who belongs to a different profession to them. Where it is a member of the responsible local services authority taking the decision to discharge, they must consult with a person who has been professionally concerned with the patient’s care and treatment, such as the social worker with oversight of the individual’s welfare. Where, in the case of Part 2 guardianship, it is the Nominated Person taking the decision to discharge, they must consult with the responsible local services authority.
	New subsection (2)C requires that, where someone is under a CTO, the responsible clinician must consult with the community clinician, if they are not themselves the community clinician, before they discharge from the CTO. Where it is hospital managers making the decision to discharge an individual from a CTO, they must consult with the community clinician first. This provides additional professional oversight, and the intention is that the community clinician would have knowledge of the patient’s engagement with treatment in the community, what benefit is being provided by the CTO, and whether it is suitable for the person to be discharged from this.
Discharge: process Section 34: Discharge: process