When is the deadline for four year backstop reference for conditionally discharged patients subject to deprivation of liberty conditions?
The catalogue records a 48 months period from Four years elapsing without the patient's case having been considered by the appropriate tribunal, where there is no pending application or reference. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 48 months
- Trigger
- Four years elapsing without the patient's case having been considered by the appropriate tribunal, where there is no pending application or reference
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- No power to extend. The duty is conditional on both limbs being satisfied, and is displaced while an application or reference is pending.
- NEW LAW IN FORCE 18 FEBRUARY 2026, inserted by MHA 2025 s.32. This is a backstop that operates alongside, not instead of, the 12 month / two year cycle in s.75(2C). Section 75(2I) defines what counts as a tribunal 'considering' a case and should be checked before computing the four year clock.