# Law and practice **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=10 [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:** 11 --- ## [What happens after an arrested person is sectioned under the MHA?](https://forum.mentalhealthlaw.co.uk/t/what-happens-after-an-arrested-person-is-sectioned-under-the-mha/3713)
**Author:** [@OwenSmith](https://forum.mentalhealthlaw.co.uk/u/OwenSmith)\ **Replies:** 7\ **Last updated:** [10 June 2025 12:54 UTC](https://forum.mentalhealthlaw.co.uk/t/what-happens-after-an-arrested-person-is-sectioned-under-the-mha/3713 "2025-06-10T12:54:11Z")
Scenario - a person is arrested then sectioned under the MHA. What happens after a person is sectioned and they are released from hospital? Will they be released to police custody? Does the detention under the MHA have a… --- ## [Patient under s5(2) - NR objection to s3](https://forum.mentalhealthlaw.co.uk/t/patient-under-s5-2-nr-objection-to-s3/3704)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 10\ **Last updated:** [29 May 2025 13:41 UTC](https://forum.mentalhealthlaw.co.uk/t/patient-under-s5-2-nr-objection-to-s3/3704 "2025-05-29T13:41:47Z")
Hi So patient was initially under section 2 around 4 weeks ago - which was rescinded by the RC after about 3 weeks into the detention as patient had agreed to voluntary admission. 2 weeks into his voluntary admission t… --- ## [Role of LPAs in identifying alternative options in s21A proceedings](https://forum.mentalhealthlaw.co.uk/t/role-of-lpas-in-identifying-alternative-options-in-s21a-proceedings/3708)
**Author:** [@RKM](https://forum.mentalhealthlaw.co.uk/u/RKM)\ **Replies:** 2\ **Last updated:** [29 May 2025 08:50 UTC](https://forum.mentalhealthlaw.co.uk/t/role-of-lpas-in-identifying-alternative-options-in-s21a-proceedings/3708 "2025-05-29T08:50:45Z")
I am tasked with identifying suitable alternative options for P within health and welfare proceedings. As part of this task, i am to ask the LPAs (x4) if they will agree to pay for those options, ie trial return home wi… --- ## [3rd CTO recall back to back](https://forum.mentalhealthlaw.co.uk/t/3rd-cto-recall-back-to-back/3707)
**Author:** [@LoopyLou](https://forum.mentalhealthlaw.co.uk/u/LoopyLou)\ **Replies:** 2\ **Last updated:** [28 May 2025 10:45 UTC](https://forum.mentalhealthlaw.co.uk/t/3rd-cto-recall-back-to-back/3707 "2025-05-28T10:45:12Z")
I don’t know if this forum is designed for the general public, but I joined anyway. My husband was recalled to hospital (he’s been on a CTO since September) the paperwork is dated 8:30am 21st May, obviously that ran out… --- ## [Advice about CTO tribunal -- hearing imminent but not heard from solicitor](https://forum.mentalhealthlaw.co.uk/t/advice-about-cto-tribunal-hearing-imminent-but-not-heard-from-solicitor/3366)
**Author:** [@Dax](https://forum.mentalhealthlaw.co.uk/u/Dax)\ **Replies:** 8\ **Last updated:** [15 March 2025 14:08 UTC](https://forum.mentalhealthlaw.co.uk/t/advice-about-cto-tribunal-hearing-imminent-but-not-heard-from-solicitor/3366 "2025-03-15T14:08:38Z")
Person has a hearing on Tuesday, and the solicitor hasn’t given him any information about this forthcoming event. His IMHA has ignored emails and phone calls for the last five weeks, so he doesn’t have that support eithe… --- ## [Repatriation of foreign nationals (restricted patients)](https://forum.mentalhealthlaw.co.uk/t/repatriation-of-foreign-nationals-restricted-patients/2600)
**Author:** [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\ **Replies:** 4\ **Last updated:** [27 May 2025 06:48 UTC](https://forum.mentalhealthlaw.co.uk/t/repatriation-of-foreign-nationals-restricted-patients/2600 "2025-05-27T06:48:26Z")
Does anyone have any experience of the repatriation of foreign restricted patients? Have a failed asylum seeker wishing to return and despite the support of the MDT things are going nowhere. --- ## [Can s135 be used in a hotel?](https://forum.mentalhealthlaw.co.uk/t/can-s135-be-used-in-a-hotel/3679)
**Author:** [@MHLOThomas](https://forum.mentalhealthlaw.co.uk/u/MHLOThomas)\ **Replies:** 2\ **Last updated:** [25 May 2025 21:56 UTC](https://forum.mentalhealthlaw.co.uk/t/can-s135-be-used-in-a-hotel/3679 "2025-05-25T21:56:58Z")
Given that s136 can be used in a hotel room, it specifies in the s135 legislation “…(b)being unable to care for himself, is living alone in any such place”. Does this mean that s135 cannot be considered if a person is (t… --- ## [Medication imposed in community after discharge](https://forum.mentalhealthlaw.co.uk/t/medication-imposed-in-community-after-discharge/3630)
**Author:** [@Sarah2](https://forum.mentalhealthlaw.co.uk/u/Sarah2)\ **Replies:** 20\ **Last updated:** [24 May 2025 10:33 UTC](https://forum.mentalhealthlaw.co.uk/t/medication-imposed-in-community-after-discharge/3630 "2025-05-24T10:33:42Z")
Hi all, A patient was discharged from section 3 in 2018. The responsible clinician signed off on the section 23 discharge form ticking ‘The patient will be discharged from hospital/CTO on (date) //2018.’ The patient wa… --- ## [Dismissal of a Hospital (Mental Health Act) Panel Manager](https://forum.mentalhealthlaw.co.uk/t/dismissal-of-a-hospital-mental-health-act-panel-manager/3693)
**Author:** [@DonQuixote](https://forum.mentalhealthlaw.co.uk/u/DonQuixote)\ **Replies:** 2\ **Last updated:** [22 May 2025 21:25 UTC](https://forum.mentalhealthlaw.co.uk/t/dismissal-of-a-hospital-mental-health-act-panel-manager/3693 "2025-05-22T21:25:43Z")
In what circumstances can a Hospital Manager be dismissed? For example disagreement with other panel managers regarding decisions. How a panel is conducted in respect to ena ling. Involving the patient. Matters of leg… --- ## [Confusion over patient's legal status after restricted hospital order received from court but not from MOJ](https://forum.mentalhealthlaw.co.uk/t/confusion-over-patients-legal-status-after-restricted-hospital-order-received-from-court-but-not-from-moj/3692)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 2\ **Last updated:** [22 May 2025 13:17 UTC](https://forum.mentalhealthlaw.co.uk/t/confusion-over-patients-legal-status-after-restricted-hospital-order-received-from-court-but-not-from-moj/3692 "2025-05-22T13:17:30Z")
Hi On the 14/04/2025 we received a s37 hospital order dated 31/03/2025 - recommending restrictions under s41. We chased the MOJ for the warrant - the MOJ said they hadn’t received the paperwork from the court - we sent … --- ## [Question about next of kin and social security appointeeship](https://forum.mentalhealthlaw.co.uk/t/question-about-next-of-kin-and-social-security-appointeeship/3681)
**Author:** [@PhinaO](https://forum.mentalhealthlaw.co.uk/u/PhinaO)\ **Replies:** 4\ **Last updated:** [21 May 2025 10:21 UTC](https://forum.mentalhealthlaw.co.uk/t/question-about-next-of-kin-and-social-security-appointeeship/3681 "2025-05-21T10:21:54Z")
If a resident with capacity has no one to put down as their next of kin. What would be their options ? --- ## [Level of corporate fines for criminal conduct](https://forum.mentalhealthlaw.co.uk/t/level-of-corporate-fines-for-criminal-conduct/3673)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 0\ **Last updated:** [18 May 2025 14:50 UTC](https://forum.mentalhealthlaw.co.uk/t/level-of-corporate-fines-for-criminal-conduct/3673 "2025-05-18T14:50:48Z")
Continuing the discussion from Case (Prosecution of independent hospital). R v Cygnet Health Care Limited \[2023\] MHLO 6: According to public data Cygnet Health Care’s Group revenue for the year ended December 31, 2023, … --- ## [Clarification of dates on H5 renewal form](https://forum.mentalhealthlaw.co.uk/t/clarification-of-dates-on-h5-renewal-form/3639)
**Author:** [@Thomas.Ray](https://forum.mentalhealthlaw.co.uk/u/Thomas.Ray)\ **Replies:** 2\ **Last updated:** [17 May 2025 20:42 UTC](https://forum.mentalhealthlaw.co.uk/t/clarification-of-dates-on-h5-renewal-form/3639 "2025-05-17T20:42:57Z")
Hi all, I am very new in post as MHAA (in my first week) and was seeking some clarification around dates on H5 forms. For the field, “The patient is liable to be detained for a period ending on \[date authority for dete… --- ## [Article 9 Rights](https://forum.mentalhealthlaw.co.uk/t/article-9-rights/3668)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 0\ **Last updated:** [15 May 2025 16:40 UTC](https://forum.mentalhealthlaw.co.uk/t/article-9-rights/3668 "2025-05-15T16:40:49Z")
Detained patient has Rosary beads on a chain. Now wants a Holy Cross to put on a chain. Medium secure setting. Obviously this situation depends on risk and I cannot detail those risks here. However, there is always a b… --- ## [Timeframe for conveying to hospital after application made](https://forum.mentalhealthlaw.co.uk/t/timeframe-for-conveying-to-hospital-after-application-made/3632)
**Author:** [@metoo](https://forum.mentalhealthlaw.co.uk/u/metoo)\ **Replies:** 2\ **Last updated:** [13 May 2025 14:56 UTC](https://forum.mentalhealthlaw.co.uk/t/timeframe-for-conveying-to-hospital-after-application-made/3632 "2025-05-13T14:56:35Z")
Can someone please explain section 6(1)(a)? Application was founded on two med recs but bed was withdrawn, patient remained in community for a few days and then conveyed to hospital. is this lawful? --- ## [CQC approach to unlawful psychiatric detention](https://forum.mentalhealthlaw.co.uk/t/cqc-approach-to-unlawful-psychiatric-detention/3638)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 1\ **Last updated:** [9 May 2025 20:17 UTC](https://forum.mentalhealthlaw.co.uk/t/cqc-approach-to-unlawful-psychiatric-detention/3638 "2025-05-09T20:17:37Z")
Continuing the discussion from Queries about second unrestricted hospital order: I’ve never complained to the CQC about unlawful detention, for example if there’s a problem with the section papers, so wonder what appro… --- ## [Queries about second unrestricted hospital order](https://forum.mentalhealthlaw.co.uk/t/queries-about-second-unrestricted-hospital-order/3636)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 5\ **Last updated:** [9 May 2025 13:42 UTC](https://forum.mentalhealthlaw.co.uk/t/queries-about-second-unrestricted-hospital-order/3636 "2025-05-09T13:42:27Z")
Hello So we have a patient subject to s37 issued in Jan 2023, subsequently renewed by RC - no issues - until we all came to know very recently that the patient was issued another s37 dated July 2024 for a separate offen… --- ## [Definition of "hospital managers"](https://forum.mentalhealthlaw.co.uk/t/definition-of-hospital-managers/3612)
**Author:** [@GuyDavis](https://forum.mentalhealthlaw.co.uk/u/GuyDavis)\ **Replies:** 20\ **Last updated:** [8 May 2025 19:50 UTC](https://forum.mentalhealthlaw.co.uk/t/definition-of-hospital-managers/3612 "2025-05-08T19:50:14Z")
Continuing the discussion from How do we help our brother as a Nearest Relative?: Perhaps worth noting that in relation to the NR power of discharge, the page on that link acknowledges that “the term hospital managers i… --- ## [RCs interfering in patients' tribunal application decisions](https://forum.mentalhealthlaw.co.uk/t/rcs-interfering-in-patients-tribunal-application-decisions/3599)
**Author:** [@anonymous66](https://forum.mentalhealthlaw.co.uk/u/anonymous66)\ **Replies:** 2\ **Last updated:** [5 May 2025 21:59 UTC](https://forum.mentalhealthlaw.co.uk/t/rcs-interfering-in-patients-tribunal-application-decisions/3599 "2025-05-05T21:59:46Z")
In the last week I’ve experienced two incidents (separate hospitals) whereby an RC has tried to influence a patient’s ability to apply to a Tribunal by suggesting they will either be kept in longer (i.e. having to wait f… --- ## [Section 37/41 patient ending up on s47/49](https://forum.mentalhealthlaw.co.uk/t/section-37-41-patient-ending-up-on-s47-49/3281)
**Author:** [@JoDee](https://forum.mentalhealthlaw.co.uk/u/JoDee)\ **Replies:** 5\ **Last updated:** [5 May 2025 21:45 UTC](https://forum.mentalhealthlaw.co.uk/t/section-37-41-patient-ending-up-on-s47-49/3281 "2025-05-05T21:45:53Z")
On this topic, does it sound right that a patient absconds from a s. 37/41 is put in the health wing of a prison for 2 months, then transferred to a different hospital under a different section 47/49 while awaiting court… --- ## [DPA issues](https://forum.mentalhealthlaw.co.uk/t/dpa-issues/3625)
**Author:** [@anonymous58](https://forum.mentalhealthlaw.co.uk/u/anonymous58)\ **Replies:** 1\ **Last updated:** [5 May 2025 21:32 UTC](https://forum.mentalhealthlaw.co.uk/t/dpa-issues/3625 "2025-05-05T21:32:45Z")
It used to be the case that when a solicitor said that they were acting on behalf of a client that was sufficient authority for the RA to give them information. Our local RA has suddenly become highly pedantic about thi… --- ## [Homicide & Insanity x 2](https://forum.mentalhealthlaw.co.uk/t/homicide-insanity-x-2/3623)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 0\ **Last updated:** [4 May 2025 10:30 UTC](https://forum.mentalhealthlaw.co.uk/t/homicide-insanity-x-2/3623 "2025-05-04T10:30:36Z")
I’m hoping that our generous moderator allows this post for discussion. Lessons for the UK could be ahead It has happened in New Zealand. In a case described as “shrouded in secrecy,” a man in New Zealand has been found… --- ## [Freedom of Information Act](https://forum.mentalhealthlaw.co.uk/t/freedom-of-information-act/3621)
**Author:** [@anon88676405](https://forum.mentalhealthlaw.co.uk/u/anon88676405)\ **Replies:** 2\ **Last updated:** [3 May 2025 13:59 UTC](https://forum.mentalhealthlaw.co.uk/t/freedom-of-information-act/3621 "2025-05-03T13:59:37Z")
Is there any form that can be filled in easily to obtain information using the Freedom of Information Act? I have tried googling this, but it’s proving very difficult on the Government’s website for a specific address, … --- ## [Discharging a patient without the RC seeing them](https://forum.mentalhealthlaw.co.uk/t/discharging-a-patient-without-the-rc-seeing-them/3607)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 2\ **Last updated:** [2 May 2025 20:41 UTC](https://forum.mentalhealthlaw.co.uk/t/discharging-a-patient-without-the-rc-seeing-them/3607 "2025-05-02T20:41:06Z")
Hi If a patient is going on S17 leave for a period of weeks to see if the accommodation is right for them, the placement will apply for DOL’s, when in place the RC will discharge them from the S3. Does the RC have to p… --- ## [Representing two separate section 2 patients who are in dispute with each other](https://forum.mentalhealthlaw.co.uk/t/representing-two-separate-section-2-patients-who-are-in-dispute-with-each-other/3614)
**Author:** [@Balmullo](https://forum.mentalhealthlaw.co.uk/u/Balmullo)\ **Replies:** 2\ **Last updated:** [2 May 2025 15:42 UTC](https://forum.mentalhealthlaw.co.uk/t/representing-two-separate-section-2-patients-who-are-in-dispute-with-each-other/3614 "2025-05-02T15:42:22Z")
we have been asked to represent two section 2 patients in last couple of days, both previously unknown to the firm. They are at separate hospitals. It has today become clear that they are/were a couple currently embroi… --- ## [How do we help our brother as a Nearest Relative?](https://forum.mentalhealthlaw.co.uk/t/how-do-we-help-our-brother-as-a-nearest-relative/3596)
**Author:** [@Olu](https://forum.mentalhealthlaw.co.uk/u/Olu)\ **Replies:** 2\ **Last updated:** [29 April 2025 13:22 UTC](https://forum.mentalhealthlaw.co.uk/t/how-do-we-help-our-brother-as-a-nearest-relative/3596 "2025-04-29T13:22:04Z")
My brother’s mental health has been deteriorating for over a year, and he is now becoming paranoid. He lives alone after kicking out his girlfriend and kids. Despite numerous attempts by mental health professionals and t… --- ## [National Nightmares: s136(2A) and s136B time limits](https://forum.mentalhealthlaw.co.uk/t/national-nightmares-s136-2a-and-s136b-time-limits/3246)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 19\ **Last updated:** [1 March 2025 13:02 UTC](https://forum.mentalhealthlaw.co.uk/t/national-nightmares-s136-2a-and-s136b-time-limits/3246 "2025-03-01T13:02:47Z")
Cutting through thickets and a multitude of variations I discovered from real work - and confirmation from a ‘birdie’ - that S136 has become a basket of nightmares at S136 suites when there are NO BEDS! In many necks o… --- ## [Police detention clock -- arrest, s136, common law](https://forum.mentalhealthlaw.co.uk/t/police-detention-clock-arrest-s136-common-law/3608)
**Author:** [@IsItLegal](https://forum.mentalhealthlaw.co.uk/u/IsItLegal)\ **Replies:** 0\ **Last updated:** [25 April 2025 11:44 UTC](https://forum.mentalhealthlaw.co.uk/t/police-detention-clock-arrest-s136-common-law/3608 "2025-04-25T11:44:34Z")
I’m wondering if the patient is always told that the means of detention has changed from Sc 136 to common law AND how time spend on a trumped up charge thats subsequently dropped NFA affects the Sc136 time limit? I’m tr… --- ## [Notional section 37 -- tribunal referral at 6 months?](https://forum.mentalhealthlaw.co.uk/t/notional-section-37-tribunal-referral-at-6-months/3600)
**Author:** [@TraceyVickery](https://forum.mentalhealthlaw.co.uk/u/TraceyVickery)\ **Replies:** 3\ **Last updated:** [24 April 2025 20:41 UTC](https://forum.mentalhealthlaw.co.uk/t/notional-section-37-tribunal-referral-at-6-months/3600 "2025-04-24T20:41:36Z")
Hi All, hoping you might be able to help me. I am MHA Administrator in a forensic hospital. We have patients on a Section 47/49 which reverts to a Section 37 Notional when they come to the end of their sentence. My unde… --- ## [UK Supreme court rules that a woman is a woman](https://forum.mentalhealthlaw.co.uk/t/uk-supreme-court-rules-that-a-woman-is-a-woman/3598)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 0\ **Last updated:** [21 April 2025 17:02 UTC](https://forum.mentalhealthlaw.co.uk/t/uk-supreme-court-rules-that-a-woman-is-a-woman/3598 "2025-04-21T17:02:15Z")
The recent UK Supreme Court judgment in For Women Scotland Ltd v The Scottish Ministers (\[2025\] UKSC 16) has clarified a long-standing ambiguity in equality law: what does the term “woman” mean in the Equality Act 2010? … [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=9) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=11)