# Law and practice **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=15 [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:** 16 --- ## [Covert medication for 11 year old lacking competency to consent in community](https://forum.mentalhealthlaw.co.uk/t/covert-medication-for-11-year-old-lacking-competency-to-consent-in-community/2986)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 6\ **Last updated:** [27 November 2024 15:14 UTC](https://forum.mentalhealthlaw.co.uk/t/covert-medication-for-11-year-old-lacking-competency-to-consent-in-community/2986 "2024-11-27T15:14:29Z")
Hi I’m looking for some guidance/policy in respect of the above. The MDT/parents are all in agreement that the only way to administer the treatment the child needs is by covert means. All other options have been exhaust… --- ## [CTO Extension, HM Hearing and CTO Revocation](https://forum.mentalhealthlaw.co.uk/t/cto-extension-hm-hearing-and-cto-revocation/2987)
**Author:** [@helenlink](https://forum.mentalhealthlaw.co.uk/u/helenlink)\ **Replies:** 4\ **Last updated:** [26 November 2024 20:29 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-extension-hm-hearing-and-cto-revocation/2987 "2024-11-26T20:29:21Z")
Unusual question! A patient has CTO extended in accordance with S20A, but prior to the HM Hearing the CTO is revoked and patient is now under a S3. Does the fact that not holding the HM Hearing prior to the revocation … --- ## [Nearest Relative incorrectly identified - Information not shared](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-incorrectly-identified-information-not-shared/2974)
**Author:** [@SR2024](https://forum.mentalhealthlaw.co.uk/u/SR2024)\ **Replies:** 8\ **Last updated:** [25 November 2024 13:35 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-incorrectly-identified-information-not-shared/2974 "2024-11-25T13:35:49Z")
I’m hoping someone can help with a question about misidentification of Nearest Relative. Patient was detained and provided details of partner, who had made 999 call resulting in her detention. She commented on possible … --- ## [Clock stopping post-s136](https://forum.mentalhealthlaw.co.uk/t/clock-stopping-post-s136/2970)
**Author:** [@MHLOThomas](https://forum.mentalhealthlaw.co.uk/u/MHLOThomas)\ **Replies:** 6\ **Last updated:** [24 November 2024 20:32 UTC](https://forum.mentalhealthlaw.co.uk/t/clock-stopping-post-s136/2970 "2024-11-24T20:32:58Z")
s136 is used and the person then has a medical episode - which may or may not be related to a pre-existing condition (as the overdose they have taken can cause the same symptoms of their medical condition). At A&E inform… --- ## [Dave Sheppard's website now available](https://forum.mentalhealthlaw.co.uk/t/dave-sheppards-website-now-available/2959)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 1\ **Last updated:** [20 November 2024 09:08 UTC](https://forum.mentalhealthlaw.co.uk/t/dave-sheppards-website-now-available/2959 "2024-11-20T09:08:02Z")
When Dave Sheppard retired in 2020 he kindly gave me permission to publish the contents of his website (originally named after his firm, “Dave Sheppard Associates”, then called “MHAandMCA”). It is a treasure trove. I’ve … --- ## [Refusing entry to prevent 15-year-old being taken to hospital under section 2](https://forum.mentalhealthlaw.co.uk/t/refusing-entry-to-prevent-15-year-old-being-taken-to-hospital-under-section-2/2958)
**Author:** [@Gemma1819](https://forum.mentalhealthlaw.co.uk/u/Gemma1819)\ **Replies:** 2\ **Last updated:** [20 November 2024 01:30 UTC](https://forum.mentalhealthlaw.co.uk/t/refusing-entry-to-prevent-15-year-old-being-taken-to-hospital-under-section-2/2958 "2024-11-20T01:30:14Z")
Hi im just wondering about a section 2 last Friday 2 doctors and a amhp came out now they are wanting to send my son to a hospital tomorrow i dont agree with the decision and im going to apply to discharge. What im w… --- ## [Section 37/41 patient received without paperwork](https://forum.mentalhealthlaw.co.uk/t/section-37-41-patient-received-without-paperwork/2947)
**Author:** [@Voxego](https://forum.mentalhealthlaw.co.uk/u/Voxego)\ **Replies:** 3\ **Last updated:** [19 November 2024 20:45 UTC](https://forum.mentalhealthlaw.co.uk/t/section-37-41-patient-received-without-paperwork/2947 "2024-11-19T20:45:39Z")
I have a hypothetical Q. Let’s say a 37/41 order was made and patient was sent via ambulance, but in the ensuing confusion paperwork was not handed in to nursing staff of receiving hospital. There has been verbal confi… --- ## [Who should sign the "Declaration and Determination" part of the mental health Legal Aid form?](https://forum.mentalhealthlaw.co.uk/t/who-should-sign-the-declaration-and-determination-part-of-the-mental-health-legal-aid-form/2026)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 4\ **Last updated:** [17 November 2024 14:46 UTC](https://forum.mentalhealthlaw.co.uk/t/who-should-sign-the-declaration-and-determination-part-of-the-mental-health-legal-aid-form/2026 "2024-11-17T14:46:21Z")
The “Declaration and Determination” part of Form CW 1&2 MH says that it’s to be signed by “An advisor who is one of the approved personnel of your organisation”. At the MHLA conference this month, the LAA spokesman said … --- ## [LPAs -- when they can be relied upon](https://forum.mentalhealthlaw.co.uk/t/lpas-when-they-can-be-relied-upon/2936)
**Author:** [@travelbug](https://forum.mentalhealthlaw.co.uk/u/travelbug)\ **Replies:** 2\ **Last updated:** [13 November 2024 07:58 UTC](https://forum.mentalhealthlaw.co.uk/t/lpas-when-they-can-be-relied-upon/2936 "2024-11-13T07:58:18Z")
Hi, my daugther has FASD and brain damage. She is 18. I have an LPA for her for health and also finance. If she decides that she doesn’t want my help in making decisions is the LPA revoked or does she need to formally … --- ## [Can NOK restrict daughter visit her father in hospital](https://forum.mentalhealthlaw.co.uk/t/can-nok-restrict-daughter-visit-her-father-in-hospital/2927)
**Author:** [@S4mathew](https://forum.mentalhealthlaw.co.uk/u/S4mathew)\ **Replies:** 2\ **Last updated:** [13 November 2024 07:15 UTC](https://forum.mentalhealthlaw.co.uk/t/can-nok-restrict-daughter-visit-her-father-in-hospital/2927 "2024-11-13T07:15:43Z")
Hi Can NOK (wife)restrict daughter from first marriage visits her dad (section 2 admission) in hospital. There no safeguarding concerns but family issues between ex and current wife. Please advise --- ## [MCA being assessed by Police](https://forum.mentalhealthlaw.co.uk/t/mca-being-assessed-by-police/2933)
**Author:** [@halley](https://forum.mentalhealthlaw.co.uk/u/halley)\ **Replies:** 3\ **Last updated:** [13 November 2024 07:07 UTC](https://forum.mentalhealthlaw.co.uk/t/mca-being-assessed-by-police/2933 "2024-11-13T07:07:49Z")
Hi there, I just have a question regarding MCA. I see a lot of instances in which a patient is conveyed to A&E by both, Police and ambulance staff. When patients are brought in, they say that the patient is under MCA. … --- ## [Section 2 - police not contacting witnesses](https://forum.mentalhealthlaw.co.uk/t/section-2-police-not-contacting-witnesses/2934)
**Author:** [@Gareth](https://forum.mentalhealthlaw.co.uk/u/Gareth)\ **Replies:** 1\ **Last updated:** [13 November 2024 06:57 UTC](https://forum.mentalhealthlaw.co.uk/t/section-2-police-not-contacting-witnesses/2934 "2024-11-13T06:57:38Z")
Hi, This is a rather strange case, and I would appreciate advice please. In November 2020 I was placed under a section 2. However, there were witnesses to say what I said was true. Those witnesses contacted the police … --- ## [Can a person under section 2 be repatriated to Ireland?](https://forum.mentalhealthlaw.co.uk/t/can-a-person-under-section-2-be-repatriated-to-ireland/2882)
**Author:** [@DorisDay](https://forum.mentalhealthlaw.co.uk/u/DorisDay)\ **Replies:** 4\ **Last updated:** [13 November 2024 06:55 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-person-under-section-2-be-repatriated-to-ireland/2882 "2024-11-13T06:55:27Z")
Ms K, was under psychiatric care in Republic of Ireland, she is a British & Irish passport holder. She returned to the town where she attended the University of X nearly a decade ago. Her stated reason for being in X w… --- ## [Nurse BIA looking for work in Birmingham area](https://forum.mentalhealthlaw.co.uk/t/nurse-bia-looking-for-work-in-birmingham-area/2939)
**Author:** [@Chriswpitt](https://forum.mentalhealthlaw.co.uk/u/Chriswpitt)\ **Replies:** 0\ **Last updated:** [12 November 2024 21:48 UTC](https://forum.mentalhealthlaw.co.uk/t/nurse-bia-looking-for-work-in-birmingham-area/2939 "2024-11-12T21:48:21Z")
Hello All, Firstly, I hope this is not an inappropriate use of the site. I am a mental health nurse RMN who has recently qualified as a Best Interest / DOLS Assessor. I am looking for ways / employers to use this qual… --- ## [The AMHP and Article 5 positive duty](https://forum.mentalhealthlaw.co.uk/t/the-amhp-and-article-5-positive-duty/2486)
**Author:** [@JohnHolden](https://forum.mentalhealthlaw.co.uk/u/JohnHolden)\ **Replies:** 16\ **Last updated:** [12 November 2024 07:56 UTC](https://forum.mentalhealthlaw.co.uk/t/the-amhp-and-article-5-positive-duty/2486 "2024-11-12T07:56:32Z")
I’m very interested to hear others thoughts on the implications following from Theis J’s very recent judgement in Surrey Police v PC & Ors \[2024\] EWHC 1274 (Fam). It appears to me that it has really quite wide applicatio… --- ## [Locating Richardson committee report and Orville Blackwood inquiry report](https://forum.mentalhealthlaw.co.uk/t/locating-richardson-committee-report-and-orville-blackwood-inquiry-report/1507)
**Author:** [@Chioma](https://forum.mentalhealthlaw.co.uk/u/Chioma)\ **Replies:** 4\ **Last updated:** [9 November 2024 11:20 UTC](https://forum.mentalhealthlaw.co.uk/t/locating-richardson-committee-report-and-orville-blackwood-inquiry-report/1507 "2024-11-09T11:20:26Z")
Hi everyone! I hope you are having a splendid day. I was wondering if anyone has copies of the Report of the Expert Committee, Review of the Mental Health Act 1983 (i.e. the Genevra Richardson Committee Report) and the … --- ## [Incorrect Section Expiry Date on H5](https://forum.mentalhealthlaw.co.uk/t/incorrect-section-expiry-date-on-h5/2905)
**Author:** [@AllyDT](https://forum.mentalhealthlaw.co.uk/u/AllyDT)\ **Replies:** 4\ **Last updated:** [8 November 2024 08:30 UTC](https://forum.mentalhealthlaw.co.uk/t/incorrect-section-expiry-date-on-h5/2905 "2024-11-08T08:30:34Z")
Good afternoon all, I have noticed that the incorrect expiry date has been entered onto P’s most recent H5. The section was due to expire the day after the date that has been inputted onto the H5. I have tried every Goo… --- ## [Converting a ss47/49 to ss37/41](https://forum.mentalhealthlaw.co.uk/t/converting-a-ss47-49-to-ss37-41/2904)
**Author:** [@angec](https://forum.mentalhealthlaw.co.uk/u/angec)\ **Replies:** 1\ **Last updated:** [7 November 2024 15:56 UTC](https://forum.mentalhealthlaw.co.uk/t/converting-a-ss47-49-to-ss37-41/2904 "2024-11-07T15:56:34Z")
I have a client who is currently subject to 47/49. His RC has told me that he has had a previous patient who had his 47/49 converted to a 37/41. Does anyone have any experience or knowledge of this and if so what would… --- ## [Eating Disorder specialist report](https://forum.mentalhealthlaw.co.uk/t/eating-disorder-specialist-report/2899)
**Author:** [@KJOrmiston](https://forum.mentalhealthlaw.co.uk/u/KJOrmiston)\ **Replies:** 2\ **Last updated:** [7 November 2024 15:40 UTC](https://forum.mentalhealthlaw.co.uk/t/eating-disorder-specialist-report/2899 "2024-11-07T15:40:24Z")
Morning, I work with a firm that operates solely in Scotland. Ordinarily we instruct all medicolegal reports from within Scotland, however on this occasion due to a well known case in the E.D network of specialists we ar… --- ## [LPA -- which assets to use first to pay care home fees](https://forum.mentalhealthlaw.co.uk/t/lpa-which-assets-to-use-first-to-pay-care-home-fees/2897)
**Author:** [@CAMPBELL](https://forum.mentalhealthlaw.co.uk/u/CAMPBELL)\ **Replies:** 3\ **Last updated:** [7 November 2024 06:50 UTC](https://forum.mentalhealthlaw.co.uk/t/lpa-which-assets-to-use-first-to-pay-care-home-fees/2897 "2024-11-07T06:50:59Z")
Looking for guidance/case law as to the order in which assets should be used towards the payment of care home fees for a Donor - namely whether the savings of the Donor should be used in preference to selling the Donor’s… --- ## [Mental health Act 1983: Legal book recommendations?](https://forum.mentalhealthlaw.co.uk/t/mental-health-act-1983-legal-book-recommendations/2891)
**Author:** [@Herystote](https://forum.mentalhealthlaw.co.uk/u/Herystote)\ **Replies:** 6\ **Last updated:** [5 November 2024 14:52 UTC](https://forum.mentalhealthlaw.co.uk/t/mental-health-act-1983-legal-book-recommendations/2891 "2024-11-05T14:52:46Z")
I’m looking for easy (not necessarily easy; quality is more important to me) to read book recommendations for anyone looking to learn about mental health law. If any of these books provide case studies/ its application … --- ## [CTO & s2 -- MHT](https://forum.mentalhealthlaw.co.uk/t/cto-s2-mht/2887)
**Author:** [@Jojo](https://forum.mentalhealthlaw.co.uk/u/Jojo)\ **Replies:** 4\ **Last updated:** [30 October 2024 20:38 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-s2-mht/2887 "2024-10-30T20:38:00Z")
Hi I have a CTO pt who was detained under S.2 in a different area than transferred back. Pt wishes to appeal the S.2. Is he eligible and if discharged I assume the CTO comes back into force? --- ## [Understanding the practicalities of moving someone from MSU to rehab](https://forum.mentalhealthlaw.co.uk/t/understanding-the-practicalities-of-moving-someone-from-msu-to-rehab/2883)
**Author:** [@rachael.sanderson](https://forum.mentalhealthlaw.co.uk/u/rachael.sanderson)\ **Replies:** 2\ **Last updated:** [30 October 2024 09:14 UTC](https://forum.mentalhealthlaw.co.uk/t/understanding-the-practicalities-of-moving-someone-from-msu-to-rehab/2883 "2024-10-30T09:14:19Z")
From a legal perspective, if you had a patient in a medium secure service under a forensic section of the Mental Health Act and wanted to move them to a rehabilitation service that was not based on the medium secure site… --- ## [Applying for LPA when capacity questioned](https://forum.mentalhealthlaw.co.uk/t/applying-for-lpa-when-capacity-questioned/2874)
**Author:** [@Davewm1](https://forum.mentalhealthlaw.co.uk/u/Davewm1)\ **Replies:** 4\ **Last updated:** [29 October 2024 18:18 UTC](https://forum.mentalhealthlaw.co.uk/t/applying-for-lpa-when-capacity-questioned/2874 "2024-10-29T18:18:56Z")
Hi I’m new to this forum. My wife has been diagnosed with Dementia a couple of weeks ago. Whilst we were waiting for the Memory Assessment Clinic to see her I started to look into Power of Attorney. (I’d done this years… --- ## [MHA assessment of 9-year-old child](https://forum.mentalhealthlaw.co.uk/t/mha-assessment-of-9-year-old-child/2865)
**Author:** [@headinhands](https://forum.mentalhealthlaw.co.uk/u/headinhands)\ **Replies:** 7\ **Last updated:** [29 October 2024 08:57 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-assessment-of-9-year-old-child/2865 "2024-10-29T08:57:47Z")
Hi all, a request has come in for a MHA assessment for a 9 year old child with the AMHP service being contacted at the last minute, and being given some quite conflicting information - currently on a children’s ward in a… --- ## [Accidental CTO1](https://forum.mentalhealthlaw.co.uk/t/accidental-cto1/2867)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 3\ **Last updated:** [29 October 2024 07:01 UTC](https://forum.mentalhealthlaw.co.uk/t/accidental-cto1/2867 "2024-10-29T07:01:34Z")
Hi all CTO1 commenced/completed by the RC - part 1 - and AMHP part 2 - around 2 months ago - was signed off by the same RC - part 3 - accidentally - for a patient who is unfortunately still too unwell to be discharged o… --- ## [Who decides whether remanded patient is unfit to plead?](https://forum.mentalhealthlaw.co.uk/t/who-decides-whether-remanded-patient-is-unfit-to-plead/2876)
**Author:** [@Clare](https://forum.mentalhealthlaw.co.uk/u/Clare)\ **Replies:** 3\ **Last updated:** [29 October 2024 06:42 UTC](https://forum.mentalhealthlaw.co.uk/t/who-decides-whether-remanded-patient-is-unfit-to-plead/2876 "2024-10-29T06:42:57Z")
Hi folks, I’m curious - whose decision is it whether a person on remand is fit to attend their plea hearing? In this instance, the family believe the person is extremely mentally unwell and that their loved one is not f… --- ## [Can a file note on section papers be done even after 14 days has passed?](https://forum.mentalhealthlaw.co.uk/t/can-a-file-note-on-section-papers-be-done-even-after-14-days-has-passed/2869)
**Author:** [@Arthur](https://forum.mentalhealthlaw.co.uk/u/Arthur)\ **Replies:** 1\ **Last updated:** [25 October 2024 11:30 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-file-note-on-section-papers-be-done-even-after-14-days-has-passed/2869 "2024-10-25T11:30:49Z")
Continuing the discussion from Section 3 - name of where treatment is available not mentioned on the A8 form: Thank you, that really helps. Can a file note be done even after 14 days has passed? We have a patient on th… --- ## [A&E legal responsibility](https://forum.mentalhealthlaw.co.uk/t/a-e-legal-responsibility/2861)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 4\ **Last updated:** [24 October 2024 11:43 UTC](https://forum.mentalhealthlaw.co.uk/t/a-e-legal-responsibility/2861 "2024-10-24T11:43:17Z")
Hi Is A&E (Acute Trust) legally responsible for the safety of all patients regardless of whether they are there for physical care or mental health liaison assessment? --- ## [S47/49 ‘Transfer’ on day of sentence/recall](https://forum.mentalhealthlaw.co.uk/t/s47-49-transfer-on-day-of-sentence-recall/2853)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 4\ **Last updated:** [22 October 2024 05:09 UTC](https://forum.mentalhealthlaw.co.uk/t/s47-49-transfer-on-day-of-sentence-recall/2853 "2024-10-22T05:09:11Z")
Does anyone have an opinion about the practice of immediately ‘transferring’ a patient to hospital under s47 once they have been sentenced or recalled under a licence -so that they never actually spend any time in prison… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=14) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=16)