# Law and practice **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=1 [Latest](https://forum.mentalhealthlaw.co.uk/latest.md) · [Categories](https://forum.mentalhealthlaw.co.uk/categories.md) · [Tags](https://forum.mentalhealthlaw.co.uk/tags.md) **Page:** 2 --- ## [Status of Health and Social Care Act 2024 statutory guidance requiring carers' involvement in discharge planning](https://forum.mentalhealthlaw.co.uk/t/status-of-health-and-social-care-act-2024-statutory-guidance-requiring-carers-involvement-in-discharge-planning/5928)
**Author:** [@wellsj](https://forum.mentalhealthlaw.co.uk/u/wellsj)\ **Replies:** 5\ **Last updated:** [25 July 2026 17:29 UTC](https://forum.mentalhealthlaw.co.uk/t/status-of-health-and-social-care-act-2024-statutory-guidance-requiring-carers-involvement-in-discharge-planning/5928 "2026-07-25T17:29:22Z")
Hi All. I have a query that is not strictly about the MHA. It is about the Health and Social Care Act 2024 and the statutory guidance that says that where appropriate hospitals must involve carers in the discharge planni… --- ## [Can a LA remove a DoLS authorisation after a CoP order extending it?](https://forum.mentalhealthlaw.co.uk/t/can-a-la-remove-a-dols-authorisation-after-a-cop-order-extending-it/5941)
**Author:** [@Moojie](https://forum.mentalhealthlaw.co.uk/u/Moojie)\ **Replies:** 7\ **Last updated:** [25 July 2026 07:24 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-la-remove-a-dols-authorisation-after-a-cop-order-extending-it/5941 "2026-07-25T07:24:44Z")
I have a legal question about a recent Court of Protection s21A case. The court concluded the proceedings and extended the DoLS authorisation until 4 January 2027. Six days later, the local authority’s DoLS team carried … --- ## [Section 2 police procedure](https://forum.mentalhealthlaw.co.uk/t/section-2-police-procedure/5937)
**Author:** [@Gareth](https://forum.mentalhealthlaw.co.uk/u/Gareth)\ **Replies:** 4\ **Last updated:** [22 July 2026 08:41 UTC](https://forum.mentalhealthlaw.co.uk/t/section-2-police-procedure/5937 "2026-07-22T08:41:17Z")
Hi I wonder if you can help understanding what police should do if an independent witness writes an online police declaration statement stating that someone placed under a section 2 was telling the truth, despite it sou… --- ## [Application made when someone is a conditional discharged patient continuing on recall?](https://forum.mentalhealthlaw.co.uk/t/application-made-when-someone-is-a-conditional-discharged-patient-continuing-on-recall/5920)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 2\ **Last updated:** [15 July 2026 14:25 UTC](https://forum.mentalhealthlaw.co.uk/t/application-made-when-someone-is-a-conditional-discharged-patient-continuing-on-recall/5920 "2026-07-15T14:25:43Z")
I know there is case law on this- please can someone enlighten me. Does it continue or expire on recall? --- ## [Amendment of section papers using app that re-dates document with incorrect date](https://forum.mentalhealthlaw.co.uk/t/amendment-of-section-papers-using-app-that-re-dates-document-with-incorrect-date/5877)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 4\ **Last updated:** [14 July 2026 11:30 UTC](https://forum.mentalhealthlaw.co.uk/t/amendment-of-section-papers-using-app-that-re-dates-document-with-incorrect-date/5877 "2026-07-14T11:30:39Z")
Our local trust has brought in a new system by which section papers can be amended under Rule 15 MHA apparently using an ‘App’ . The problem is that the App automatically re- dates the document so that the amended Appli… --- ## [Fresh forms needed when only bed is in hospital not named on s2 application?](https://forum.mentalhealthlaw.co.uk/t/fresh-forms-needed-when-only-bed-is-in-hospital-not-named-on-s2-application/5895)
**Author:** [@becess](https://forum.mentalhealthlaw.co.uk/u/becess)\ **Replies:** 2\ **Last updated:** [10 July 2026 22:43 UTC](https://forum.mentalhealthlaw.co.uk/t/fresh-forms-needed-when-only-bed-is-in-hospital-not-named-on-s2-application/5895 "2026-07-10T22:43:53Z")
Not currently in this position but trying to plan ahead for all eventualities. Application for S2 made to a bed that was available at the point of assessment. P leaves before conveyance (had no legal powers to prevent P… --- ## [Legal duty to accept referral for clinical supervisor for conditionally discharged patient now in our area?](https://forum.mentalhealthlaw.co.uk/t/legal-duty-to-accept-referral-for-clinical-supervisor-for-conditionally-discharged-patient-now-in-our-area/5899)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 4\ **Last updated:** [10 July 2026 15:38 UTC](https://forum.mentalhealthlaw.co.uk/t/legal-duty-to-accept-referral-for-clinical-supervisor-for-conditionally-discharged-patient-now-in-our-area/5899 "2026-07-10T15:38:08Z")
Hello Our consultant received a referral from the borough LA asking for the appointment of a clinical supervisor for a patient who has been placed in our area. The patient was initially subject to s37/41 on the basis th… --- ## [Consulting nearest relative against patient's wishes](https://forum.mentalhealthlaw.co.uk/t/consulting-nearest-relative-against-patients-wishes/5891)
**Author:** [@wellsj](https://forum.mentalhealthlaw.co.uk/u/wellsj)\ **Replies:** 4\ **Last updated:** [10 July 2026 10:35 UTC](https://forum.mentalhealthlaw.co.uk/t/consulting-nearest-relative-against-patients-wishes/5891 "2026-07-10T10:35:06Z")
If an AMHP has the contact details of the Nearest Relative of someone being assessed for a section 3, would/should they always consult the NR even if the patient says he does not want his family to be involved? I am try… --- ## [CTO, Tribunal and 'necessity' of recall power](https://forum.mentalhealthlaw.co.uk/t/cto-tribunal-and-necessity-of-recall-power/5884)
**Author:** [@emily.cresswell](https://forum.mentalhealthlaw.co.uk/u/emily.cresswell)\ **Replies:** 4\ **Last updated:** [9 July 2026 14:20 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-tribunal-and-necessity-of-recall-power/5884 "2026-07-09T14:20:07Z")
Hi everyone, I had a Tribunal hearing this week where the patient had recently been discharged onto a CTO. During the hearing, the doctor said in her evidence that the need for recall was only desirable and not necessar… --- ## [Section 136 -- FOI data from SLAM](https://forum.mentalhealthlaw.co.uk/t/section-136-foi-data-from-slam/5846)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 8\ **Last updated:** [8 July 2026 21:19 UTC](https://forum.mentalhealthlaw.co.uk/t/section-136-foi-data-from-slam/5846 "2026-07-08T21:19:52Z")
Data obtained under FOI from South London and Maudsley NHS Foundation Trust, June 2026 What This Data Shows I recently obtained data from South London and Maudsley NHS Foundation Trust (SLaM) under the Freedom of Infor… --- ## [Carers confidentiality and the MCA](https://forum.mentalhealthlaw.co.uk/t/carers-confidentiality-and-the-mca/5860)
**Author:** [@wellsj](https://forum.mentalhealthlaw.co.uk/u/wellsj)\ **Replies:** 7\ **Last updated:** [8 July 2026 18:11 UTC](https://forum.mentalhealthlaw.co.uk/t/carers-confidentiality-and-the-mca/5860 "2026-07-08T18:11:53Z")
I would very much appreciate advice on this current scenario. I am a volunteer in Rethink Mental Illness and run a local support group for mental health carers. A young man in his 20s has diagnoses of psychotic illness … --- ## [How should the tribunal interpret the "necessity" criterion?](https://forum.mentalhealthlaw.co.uk/t/how-should-the-tribunal-interpret-the-necessity-criterion/5858)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 3\ **Last updated:** [8 July 2026 12:00 UTC](https://forum.mentalhealthlaw.co.uk/t/how-should-the-tribunal-interpret-the-necessity-criterion/5858 "2026-07-08T12:00:49Z")
I’ve just had a hearing at which the patient was discharged, but the tribunal decided that the test in s72(1)(b)(ii) (“it is necessary for the health of safety of the patient or for the protection of other persons that h… --- ## [Relinquishing nearest relative role after delegation](https://forum.mentalhealthlaw.co.uk/t/relinquishing-nearest-relative-role-after-delegation/5859)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 4\ **Last updated:** [3 July 2026 12:58 UTC](https://forum.mentalhealthlaw.co.uk/t/relinquishing-nearest-relative-role-after-delegation/5859 "2026-07-03T12:58:42Z")
Hi Patient currently subject to detention under s3. Eldest sister NR under s26 - but she delegated function to youngest sister in writing. Both want nothing to do with the patient. Youngest sister says she has relinquis… --- ## [Defective Form A6 if reason for proceeding without consulting NR incomplete?](https://forum.mentalhealthlaw.co.uk/t/defective-form-a6-if-reason-for-proceeding-without-consulting-nr-incomplete/5776)
**Author:** [@RKM](https://forum.mentalhealthlaw.co.uk/u/RKM)\ **Replies:** 5\ **Last updated:** [2 July 2026 11:34 UTC](https://forum.mentalhealthlaw.co.uk/t/defective-form-a6-if-reason-for-proceeding-without-consulting-nr-incomplete/5776 "2026-07-02T11:34:49Z")
Good afternoon. I’d be grateful for views on a nearest relative issue in a s3 case. Facts: Patient already detained under s2 when s3 application made. Form A6: AMHP records NR not consulted on the basis they ar… --- ## ['Valid consent' provided by advance statement?](https://forum.mentalhealthlaw.co.uk/t/valid-consent-provided-by-advance-statement/5773)
**Author:** [@JamesCodling](https://forum.mentalhealthlaw.co.uk/u/JamesCodling)\ **Replies:** 0\ **Last updated:** [12 June 2026 15:40 UTC](https://forum.mentalhealthlaw.co.uk/t/valid-consent-provided-by-advance-statement/5773 "2026-06-12T15:40:41Z")
Continuing the discussion from If coercion is a necessary element of 'confinement' when could there ever be 'valid consent'?: Another interesting question is whether it leaves open the option for advance consent to conf… --- ## [If coercion is a necessary element of 'confinement' when could there ever be 'valid consent'?](https://forum.mentalhealthlaw.co.uk/t/if-coercion-is-a-necessary-element-of-confinement-when-could-there-ever-be-valid-consent/5772)
**Author:** [@JamesCodling](https://forum.mentalhealthlaw.co.uk/u/JamesCodling)\ **Replies:** 3\ **Last updated:** [12 June 2026 10:21 UTC](https://forum.mentalhealthlaw.co.uk/t/if-coercion-is-a-necessary-element-of-confinement-when-could-there-ever-be-valid-consent/5772 "2026-06-12T10:21:12Z")
Interested in the hive mind views on the little Venn diagram i have put together on the recent AGNI ruling… In my mind the presence of ‘objection’ or ‘conflict’ will ultimately be a determining factor when considering th… --- ## [What is a "Form 1-15 - Regulation 13 (1), (2) and (3)" compared with the usual Form H5?](https://forum.mentalhealthlaw.co.uk/t/what-is-a-form-1-15-regulation-13-1-2-and-3-compared-with-the-usual-form-h5/5763)
**Author:** [@Angell](https://forum.mentalhealthlaw.co.uk/u/Angell)\ **Replies:** 4\ **Last updated:** [24 June 2026 11:47 UTC](https://forum.mentalhealthlaw.co.uk/t/what-is-a-form-1-15-regulation-13-1-2-and-3-compared-with-the-usual-form-h5/5763 "2026-06-24T11:47:22Z")
Hi, I have been sent a section 20 renewal of detention but instead of the usual H5 it’s a form I’ve not seen before. How does the Form 1-15 - Regulation 13 (1), (2) and (3) differ from the H5 please? Kind regards, A --- ## [Prison and MOJ rules override of MCA 2005?](https://forum.mentalhealthlaw.co.uk/t/prison-and-moj-rules-override-of-mca-2005/5756)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 3\ **Last updated:** [17 June 2026 18:24 UTC](https://forum.mentalhealthlaw.co.uk/t/prison-and-moj-rules-override-of-mca-2005/5756 "2026-06-17T18:24:22Z")
I’m told (and can’t give details) that for patients who need to be moved from prisons - say following life-threatening overdoses - to a general hospital for emergency life-saving treatment - that if such patients (prison… --- ## [Is the H5 - Section 20—renewal of authority for detention - form valid?](https://forum.mentalhealthlaw.co.uk/t/is-the-h5-section-20-renewal-of-authority-for-detention-form-valid/5736)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 1\ **Last updated:** [15 June 2026 22:35 UTC](https://forum.mentalhealthlaw.co.uk/t/is-the-h5-section-20-renewal-of-authority-for-detention-form-valid/5736 "2026-06-15T22:35:33Z")
Hi Patient under s3 has had their detention renewed by the RC completing the above and the new period of detention has come into legal effect. During administrative scrutiny it has come to our attention that the box in… --- ## [Reflections on AGNI decision](https://forum.mentalhealthlaw.co.uk/t/reflections-on-agni-decision/5716)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 2\ **Last updated:** [9 June 2026 10:04 UTC](https://forum.mentalhealthlaw.co.uk/t/reflections-on-agni-decision/5716 "2026-06-09T10:04:42Z")
In essence Cheshire West was laid to rest. The true nature of Article 5 - hand in hand with the 1966 Practice Statement - meant a return to the past. No bad thing. The interpretation of the MCA and it’s Code of Practic… --- ## [MHA assessment of homeless person](https://forum.mentalhealthlaw.co.uk/t/mha-assessment-of-homeless-person/5708)
**Author:** [@anonymous93](https://forum.mentalhealthlaw.co.uk/u/anonymous93)\ **Replies:** 5\ **Last updated:** [12 June 2026 09:53 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-assessment-of-homeless-person/5708 "2026-06-12T09:53:29Z")
There is a homeless patient who needs a MH assessment There is a history of volatile behaviour and previous attempts to assess him in the community have failed. Is there the option of obtaining a S135 warrant (without … --- ## [Client in hospital under Section 47/49 originally in Court during Covid and given a life sentence](https://forum.mentalhealthlaw.co.uk/t/client-in-hospital-under-section-47-49-originally-in-court-during-covid-and-given-a-life-sentence/5631)
**Author:** [@KeithJames3768](https://forum.mentalhealthlaw.co.uk/u/KeithJames3768)\ **Replies:** 3\ **Last updated:** [1 June 2026 21:17 UTC](https://forum.mentalhealthlaw.co.uk/t/client-in-hospital-under-section-47-49-originally-in-court-during-covid-and-given-a-life-sentence/5631 "2026-06-01T21:17:42Z")
I have a client detained under Section 47/49.He was given a life sentence and then subsequently transferred to hospital.He was dealt with during Covid and all interactions with the barrister etc were over video.The RC fe… --- ## [Information governance and data security in mental health services](https://forum.mentalhealthlaw.co.uk/t/information-governance-and-data-security-in-mental-health-services/5636)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 2\ **Last updated:** [1 June 2026 20:57 UTC](https://forum.mentalhealthlaw.co.uk/t/information-governance-and-data-security-in-mental-health-services/5636 "2026-06-01T20:57:56Z")
I hope this is something that will be allowed for discussion. I’ll give my own anonymised experience in a bit. Data security is the business of HMCTS big time as per ‘Tribunals’. All judicial officers are warned repeate… --- ## [Any MHAAs here? Patient's name wrongly spelt on section papers](https://forum.mentalhealthlaw.co.uk/t/any-mhaas-here-patients-name-wrongly-spelt-on-section-papers/5704)
**Author:** [@wendy2](https://forum.mentalhealthlaw.co.uk/u/wendy2)\ **Replies:** 0\ **Last updated:** [1 June 2026 15:17 UTC](https://forum.mentalhealthlaw.co.uk/t/any-mhaas-here-patients-name-wrongly-spelt-on-section-papers/5704 "2026-06-01T15:17:15Z")
I have a client who has an unusual spelling to his first name. He has been sectioned and his first name has a spelling error consistently over all of his s3 paperwork. He checked and his NHS App also spelt his name spelt… --- ## [CTO and international travel](https://forum.mentalhealthlaw.co.uk/t/cto-and-international-travel/5701)
**Author:** [@amod](https://forum.mentalhealthlaw.co.uk/u/amod)\ **Replies:** 4\ **Last updated:** [1 June 2026 05:33 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-and-international-travel/5701 "2026-06-01T05:33:40Z")
Does anyone know about the rules for CTO and international travel. I know patients cant change residence but if patients decide to go for a short holiday outside EU , what should the RC do? --- ## [The Use of AI Transcription in Assessments](https://forum.mentalhealthlaw.co.uk/t/the-use-of-ai-transcription-in-assessments/5369)
**Author:** [@JamesCodling](https://forum.mentalhealthlaw.co.uk/u/JamesCodling)\ **Replies:** 16\ **Last updated:** [28 May 2026 08:21 UTC](https://forum.mentalhealthlaw.co.uk/t/the-use-of-ai-transcription-in-assessments/5369 "2026-05-28T08:21:48Z")
Hi All I have been looking into the use of AI in the social care sector, as i have very specific concerns, both legal and ethical, about how certain AI tools are being used for social care assessments, especially when t… --- ## [Patients transferred from Isle of Man](https://forum.mentalhealthlaw.co.uk/t/patients-transferred-from-isle-of-man/5614)
**Author:** [@Anon22](https://forum.mentalhealthlaw.co.uk/u/Anon22)\ **Replies:** 4\ **Last updated:** [28 May 2026 06:55 UTC](https://forum.mentalhealthlaw.co.uk/t/patients-transferred-from-isle-of-man/5614 "2026-05-28T06:55:45Z")
Hi all, I cant seem to find any guidance on how a patient can lawfully be transferred from the Isle of Man to England/Wales. I believe a warrant would be required. Can anyone point me in the right direction, please? --- ## [Research into online Mental Health Tribunals](https://forum.mentalhealthlaw.co.uk/t/research-into-online-mental-health-tribunals/5632)
**Author:** [@SocialWorkerGary](https://forum.mentalhealthlaw.co.uk/u/SocialWorkerGary)\ **Replies:** 0\ **Last updated:** [27 May 2026 17:21 UTC](https://forum.mentalhealthlaw.co.uk/t/research-into-online-mental-health-tribunals/5632 "2026-05-27T17:21:19Z")
Doing my bit for improving research in this area @KeithJames3768 and @ZacSussex - I’m sure you have already seen, but this is the type of deep rich information the team are looking for. Best wishes, Gary --- ## [Legality of using s135(2) where MHA assessment completed but no admission application yet made](https://forum.mentalhealthlaw.co.uk/t/legality-of-using-s135-2-where-mha-assessment-completed-but-no-admission-application-yet-made/5626)
**Author:** [@HumbleAMHP](https://forum.mentalhealthlaw.co.uk/u/HumbleAMHP)\ **Replies:** 4\ **Last updated:** [25 May 2026 21:11 UTC](https://forum.mentalhealthlaw.co.uk/t/legality-of-using-s135-2-where-mha-assessment-completed-but-no-admission-application-yet-made/5626 "2026-05-25T21:11:38Z")
I would welcome colleagues’ views on the correct legal approach in the following scenario, particularly regarding the distinction between s135(1) and s135(2). An individual was assessed in the community (at home) yester… --- ## [Validity of CTO recall and revocation where statutory forms completed out of sequence](https://forum.mentalhealthlaw.co.uk/t/validity-of-cto-recall-and-revocation-where-statutory-forms-completed-out-of-sequence/5571)
**Author:** [@anonymous53](https://forum.mentalhealthlaw.co.uk/u/anonymous53)\ **Replies:** 16\ **Last updated:** [17 May 2026 18:25 UTC](https://forum.mentalhealthlaw.co.uk/t/validity-of-cto-recall-and-revocation-where-statutory-forms-completed-out-of-sequence/5571 "2026-05-17T18:25:10Z")
I would welcome views on the legal validity of the following scenario concerning recall and revocation of a CTO: Patient subject to a CTO is admitted to the ward informally. Decision is made during ward round to re… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=2)