# Law and practice **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=17 [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:** 18 --- ## [Mysterious extra powers](https://forum.mentalhealthlaw.co.uk/t/mysterious-extra-powers/2649)
**Author:** [@Nickwoo](https://forum.mentalhealthlaw.co.uk/u/Nickwoo)\ **Replies:** 12\ **Last updated:** [21 August 2024 13:24 UTC](https://forum.mentalhealthlaw.co.uk/t/mysterious-extra-powers/2649 "2024-08-21T13:24:51Z")
Reading CQC’s depressingly predictable report on the services in Nottingham I see they have chosen to disinter the old topic of s2 vs s3. They include this statement Detaining individuals under section 3 provides addit… --- ## [Multiprofessional ACs](https://forum.mentalhealthlaw.co.uk/t/multiprofessional-acs/654)
**Author:** [@am5](https://forum.mentalhealthlaw.co.uk/u/am5)\ **Replies:** 2\ **Last updated:** [16 August 2024 08:51 UTC](https://forum.mentalhealthlaw.co.uk/t/multiprofessional-acs/654 "2024-08-16T08:51:38Z")
Good morning All - can you please help? In my role as a nurse and multi-professional AC I am having issues with my Trust with regard to treatment under the MHA. I am being told that I cannot provide ‘treatment’ for my … --- ## [Timescales for non-AWOL absconders](https://forum.mentalhealthlaw.co.uk/t/timescales-for-non-awol-absconders/2650)
**Author:** [@MentalHealthCop](https://forum.mentalhealthlaw.co.uk/u/MentalHealthCop)\ **Replies:** 1\ **Last updated:** [15 August 2024 09:32 UTC](https://forum.mentalhealthlaw.co.uk/t/timescales-for-non-awol-absconders/2650 "2024-08-15T09:32:03Z")
Patient made subject of an application for admission, bed identified, etc. they abscond from the AMHP whilst waiting for conveyance and the police are involved as they are reported high risk missing. Timescales for use… --- ## [Reference to submissions in written decision](https://forum.mentalhealthlaw.co.uk/t/reference-to-submissions-in-written-decision/2644)
**Author:** [@RKM](https://forum.mentalhealthlaw.co.uk/u/RKM)\ **Replies:** 2\ **Last updated:** [13 August 2024 13:57 UTC](https://forum.mentalhealthlaw.co.uk/t/reference-to-submissions-in-written-decision/2644 "2024-08-13T13:57:38Z")
I wondered if I could pick your collective brains to help me understand this situation… I represented P at a FTT in respect of a CTO referral (extension of a further 6 months). I have received the decision but the submi… --- ## [Records of detention from 50 years ago?](https://forum.mentalhealthlaw.co.uk/t/records-of-detention-from-50-years-ago/2607)
**Author:** [@anonymous44](https://forum.mentalhealthlaw.co.uk/u/anonymous44)\ **Replies:** 4\ **Last updated:** [12 August 2024 17:25 UTC](https://forum.mentalhealthlaw.co.uk/t/records-of-detention-from-50-years-ago/2607 "2024-08-12T17:25:39Z")
Hello, for someone detained possibly over 50 years ago and who has been in receipt of aftercare services in the community since, would their record of detention still exist? I have seen that NHS records get deleted after… --- ## [Professional deputy not seeking P's views](https://forum.mentalhealthlaw.co.uk/t/professional-deputy-not-seeking-ps-views/2622)
**Author:** [@Rie](https://forum.mentalhealthlaw.co.uk/u/Rie)\ **Replies:** 3\ **Last updated:** [9 August 2024 08:21 UTC](https://forum.mentalhealthlaw.co.uk/t/professional-deputy-not-seeking-ps-views/2622 "2024-08-09T08:21:07Z")
P is a 20 yo with birth injury and NHS litigation history. Litigation solicitor became P&FA deputy (family unaware of other options at the time) Litigation settled 4+ years ago. Deputy has claimed family are ‘directing’… --- ## [Section 2 rights in Tigrinya](https://forum.mentalhealthlaw.co.uk/t/section-2-rights-in-tigrinya/2452)
**Author:** [@steve-trunk](https://forum.mentalhealthlaw.co.uk/u/steve-trunk)\ **Replies:** 2\ **Last updated:** [7 August 2024 06:47 UTC](https://forum.mentalhealthlaw.co.uk/t/section-2-rights-in-tigrinya/2452 "2024-08-07T06:47:48Z")
Hi - does anyone have section 2 rights in Tigrinya that they are able to share? Thanks --- ## [CTO1 application valid or not?](https://forum.mentalhealthlaw.co.uk/t/cto1-application-valid-or-not/2629)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 1\ **Last updated:** [6 August 2024 19:52 UTC](https://forum.mentalhealthlaw.co.uk/t/cto1-application-valid-or-not/2629 "2024-08-06T19:52:30Z")
Hi all CTO1 Part 1 names 'Dr A ’ as the RC - but is not signed/dated by ‘Dr A’ but a ‘Dr B’ as covering RC. Is this ok? I would have thought if ‘Dr A’ was not available to sign his statement/opinion/conditions in Part … --- ## [Duration of s136](https://forum.mentalhealthlaw.co.uk/t/duration-of-s136/2621)
**Author:** [@anonymous45](https://forum.mentalhealthlaw.co.uk/u/anonymous45)\ **Replies:** 2\ **Last updated:** [4 August 2024 16:39 UTC](https://forum.mentalhealthlaw.co.uk/t/duration-of-s136/2621 "2024-08-04T16:39:03Z")
Hi Taken from Jones: The power to detain under this section (136) will lapse as soon as the person has been examined and interviewed and it is considered that no further arrangements need to be made for his treatment … --- ## [Forced treatment after MHA assessment but before hospital admission](https://forum.mentalhealthlaw.co.uk/t/forced-treatment-after-mha-assessment-but-before-hospital-admission/2065)
**Author:** [@Taylor](https://forum.mentalhealthlaw.co.uk/u/Taylor)\ **Replies:** 17\ **Last updated:** [2 August 2024 18:36 UTC](https://forum.mentalhealthlaw.co.uk/t/forced-treatment-after-mha-assessment-but-before-hospital-admission/2065 "2024-08-02T18:36:01Z")
Hello All, I have heard of case were an aggressive patient, was assessed at home by virtue of a sec 135 warrant. he was placed on section 3. DR and nurse want to rapid tranquilise, to make journey safer. Patient did no… --- ## [Divorced during Bipolar relapse](https://forum.mentalhealthlaw.co.uk/t/divorced-during-bipolar-relapse/2608)
**Author:** [@Grace05](https://forum.mentalhealthlaw.co.uk/u/Grace05)\ **Replies:** 1\ **Last updated:** [28 July 2024 02:12 UTC](https://forum.mentalhealthlaw.co.uk/t/divorced-during-bipolar-relapse/2608 "2024-07-28T02:12:40Z")
Please help I was served with divorce papers whilst I had 3 hospital stays due to bipolar relapses. My ex sent me divorce papers via the kids, I was forced to sign a settlement figure if £10,000, we were married in comm… --- ## [Invalid section 3 and S117 aftercare](https://forum.mentalhealthlaw.co.uk/t/invalid-section-3-and-s117-aftercare/2593)
**Author:** [@Ray](https://forum.mentalhealthlaw.co.uk/u/Ray)\ **Replies:** 4\ **Last updated:** [22 July 2024 22:46 UTC](https://forum.mentalhealthlaw.co.uk/t/invalid-section-3-and-s117-aftercare/2593 "2024-07-22T22:46:41Z")
I am new to S117 aftercare processes and have come across a situation that I just can’t find an answer to. A service user was detained under section 3 in 2022, but in 2023 that section was found to be invalid, during an … --- ## [Section 3 Next of Kin](https://forum.mentalhealthlaw.co.uk/t/section-3-next-of-kin/2592)
**Author:** [@Emer](https://forum.mentalhealthlaw.co.uk/u/Emer)\ **Replies:** 4\ **Last updated:** [20 July 2024 10:17 UTC](https://forum.mentalhealthlaw.co.uk/t/section-3-next-of-kin/2592 "2024-07-20T10:17:26Z")
My daughter was put in to a section 3 yesterday and as her next of kin I agreed, it is what is best. She hasn’t been engaging with me or anyone but is now talking about appealing this. She has been told by hospital staf… --- ## [King's speech](https://forum.mentalhealthlaw.co.uk/t/kings-speech/2590)
**Author:** [@Nickwoo](https://forum.mentalhealthlaw.co.uk/u/Nickwoo)\ **Replies:** 5\ **Last updated:** [18 July 2024 14:25 UTC](https://forum.mentalhealthlaw.co.uk/t/kings-speech/2590 "2024-07-18T14:25:52Z")
My ministers will legislate to modernise the Mental Health Act so it is fit for the twenty first century \[Mental Health Bill\]. Has anyone heard anything about what is being planned? Are they just going to pick up wher… --- ## [My British born family member has been detained in a Tenerife psychiatric hospital due to first episode psychosis and the consulate won’t help](https://forum.mentalhealthlaw.co.uk/t/my-british-born-family-member-has-been-detained-in-a-tenerife-psychiatric-hospital-due-to-first-episode-psychosis-and-the-consulate-won-t-help/2586)
**Author:** [@matthew.lee6353](https://forum.mentalhealthlaw.co.uk/u/matthew.lee6353)\ **Replies:** 6\ **Last updated:** [18 July 2024 08:13 UTC](https://forum.mentalhealthlaw.co.uk/t/my-british-born-family-member-has-been-detained-in-a-tenerife-psychiatric-hospital-due-to-first-episode-psychosis-and-the-consulate-won-t-help/2586 "2024-07-18T08:13:55Z")
Does anyone know the mental health law in Tenerife? I have a young adult family member detained whilst on Holiday with first episode psychosis and the consulate are not helping --- ## [Court Fees for Section 135 warrant](https://forum.mentalhealthlaw.co.uk/t/court-fees-for-section-135-warrant/2575)
**Author:** [@anonymous42](https://forum.mentalhealthlaw.co.uk/u/anonymous42)\ **Replies:** 2\ **Last updated:** [14 July 2024 12:15 UTC](https://forum.mentalhealthlaw.co.uk/t/court-fees-for-section-135-warrant/2575 "2024-07-14T12:15:43Z")
I’m trying to clarify what the correct fee is for a Section 135 warrant? The fees set by virtue of Schedule 1 to the Magistrates Courts Fees Order 2008 (SI2008/1052) - 19 - Warrant of entry 19.1 - On the application f… --- ## [DoLS - P's RPR has become a Trustee at P's care home](https://forum.mentalhealthlaw.co.uk/t/dols-ps-rpr-has-become-a-trustee-at-ps-care-home/2573)
**Author:** [@JamesCodling](https://forum.mentalhealthlaw.co.uk/u/JamesCodling)\ **Replies:** 5\ **Last updated:** [12 July 2024 12:30 UTC](https://forum.mentalhealthlaw.co.uk/t/dols-ps-rpr-has-become-a-trustee-at-ps-care-home/2573 "2024-07-12T12:30:39Z")
Quick question… P’s father, who is acting as P’s Relevant Person’s Representative (doing an amazing job and a great advocate for P) has now become a trustee at P’s care home. Is this an issue as The Mental Capacity (Depr… --- ## [Suicide prevention where there is capacity](https://forum.mentalhealthlaw.co.uk/t/suicide-prevention-where-there-is-capacity/2555)
**Author:** [@Rql65t](https://forum.mentalhealthlaw.co.uk/u/Rql65t)\ **Replies:** 8\ **Last updated:** [10 July 2024 10:51 UTC](https://forum.mentalhealthlaw.co.uk/t/suicide-prevention-where-there-is-capacity/2555 "2024-07-10T10:51:17Z")
Recently received a referral from Surre Police, for a women who was identified as holding suicidal ideation. The referral confirmed the subject adamantly dissented to referrals. It also highlighted the Care Act 2014 c… --- ## [S.5(2) transfer](https://forum.mentalhealthlaw.co.uk/t/s-5-2-transfer/744)
**Author:** [@metoo](https://forum.mentalhealthlaw.co.uk/u/metoo)\ **Replies:** 4\ **Last updated:** [10 July 2024 07:51 UTC](https://forum.mentalhealthlaw.co.uk/t/s-5-2-transfer/744 "2024-07-10T07:51:29Z")
Hi under the 1983 amended act - is there a transfer for s.5(2) patients to general hospital --- ## [Looking for a MH Lawyer - s2 in Surrey](https://forum.mentalhealthlaw.co.uk/t/looking-for-a-mh-lawyer-s2-in-surrey/2557)
**Author:** [@Emer](https://forum.mentalhealthlaw.co.uk/u/Emer)\ **Replies:** 8\ **Last updated:** [9 July 2024 06:58 UTC](https://forum.mentalhealthlaw.co.uk/t/looking-for-a-mh-lawyer-s2-in-surrey/2557 "2024-07-09T06:58:16Z")
I am looking for a mental health lawyer. My daughter is currently in a secure unit under Section 2. I feel that I need legal advice and guidance. Can anyone point me in the right direction? We are in Surrey. Thank you --- ## [Certificated work](https://forum.mentalhealthlaw.co.uk/t/certificated-work/2553)
**Author:** [@Cheryl](https://forum.mentalhealthlaw.co.uk/u/Cheryl)\ **Replies:** 3\ **Last updated:** [8 July 2024 16:40 UTC](https://forum.mentalhealthlaw.co.uk/t/certificated-work/2553 "2024-07-08T16:40:00Z")
We have a highly complex case and were advised to apply for a certificate. This is not something we have done before. We have instructed counsel and have prior authority, we are going to apply for prior authority for a j… --- ## [Independent expert required - ADHD/ASD assessment](https://forum.mentalhealthlaw.co.uk/t/independent-expert-required-adhd-asd-assessment/2550)
**Author:** [@Lmcadams13954](https://forum.mentalhealthlaw.co.uk/u/Lmcadams13954)\ **Replies:** 1\ **Last updated:** [5 July 2024 17:24 UTC](https://forum.mentalhealthlaw.co.uk/t/independent-expert-required-adhd-asd-assessment/2550 "2024-07-05T17:24:05Z")
Hi. Does anyone have any recommendations for an independent expert to complete a ADHD/ASD assessment of an adult female in Manchester area please? --- ## [Section 5(2) on a CTO Patient](https://forum.mentalhealthlaw.co.uk/t/section-5-2-on-a-cto-patient/2543)
**Author:** [@MentalHealthCop](https://forum.mentalhealthlaw.co.uk/u/MentalHealthCop)\ **Replies:** 9\ **Last updated:** [2 July 2024 07:51 UTC](https://forum.mentalhealthlaw.co.uk/t/section-5-2-on-a-cto-patient/2543 "2024-07-02T07:51:20Z")
Patient in an acute hospital for non-MH related treatment, is also a CTO patient after psychiatric admission and CTO discharge some months back. It is decided whilst in hospital for non-MH treatment to recall the patien… --- ## [Section 3 - name of where treatment is available not mentioned on the A8 form](https://forum.mentalhealthlaw.co.uk/t/section-3-name-of-where-treatment-is-available-not-mentioned-on-the-a8-form/2537)
**Author:** [@Arthur](https://forum.mentalhealthlaw.co.uk/u/Arthur)\ **Replies:** 4\ **Last updated:** [26 June 2024 17:11 UTC](https://forum.mentalhealthlaw.co.uk/t/section-3-name-of-where-treatment-is-available-not-mentioned-on-the-a8-form/2537 "2024-06-26T17:11:18Z")
Hi, Regarding section 3 papers, when one medical recommendation did not mention the name of the hospital where the patient was admitted, can the papers be accepted and another medical recommendation requested? Or thi… --- ## [Admission without AMHP application](https://forum.mentalhealthlaw.co.uk/t/admission-without-amhp-application/2539)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 4\ **Last updated:** [26 June 2024 08:00 UTC](https://forum.mentalhealthlaw.co.uk/t/admission-without-amhp-application/2539 "2024-06-26T08:00:24Z")
Hi - so patient admitted to a mental health unit (Friday). Nurse accepted section papers (2 med recs) and thought the AMHP report was the AMHP application and proceeded to complete form H3 (record of detention). Audit do… --- ## [Deprivation of liberty - how many times?](https://forum.mentalhealthlaw.co.uk/t/deprivation-of-liberty-how-many-times/2515)
**Author:** [@Andred](https://forum.mentalhealthlaw.co.uk/u/Andred)\ **Replies:** 3\ **Last updated:** [25 June 2024 21:00 UTC](https://forum.mentalhealthlaw.co.uk/t/deprivation-of-liberty-how-many-times/2515 "2024-06-25T21:00:56Z")
How many times is it legal for someone to be deprived of their liberty. --- ## [S.117 aftercare refusal and restricted patients](https://forum.mentalhealthlaw.co.uk/t/s-117-aftercare-refusal-and-restricted-patients/2524)
**Author:** [@fsswdoc](https://forum.mentalhealthlaw.co.uk/u/fsswdoc)\ **Replies:** 2\ **Last updated:** [24 June 2024 09:19 UTC](https://forum.mentalhealthlaw.co.uk/t/s-117-aftercare-refusal-and-restricted-patients/2524 "2024-06-24T09:19:58Z")
I am currently working with a service user who is subject to s37/41 and refusing the proposed level of supported living and as such the tribunal service will not conditionally discharge. Does this essentially result in … --- ## [Capacity disputes](https://forum.mentalhealthlaw.co.uk/t/capacity-disputes/2527)
**Author:** [@anonymous41](https://forum.mentalhealthlaw.co.uk/u/anonymous41)\ **Replies:** 3\ **Last updated:** [23 June 2024 18:15 UTC](https://forum.mentalhealthlaw.co.uk/t/capacity-disputes/2527 "2024-06-23T18:15:20Z")
Hi. Is anyone able to point me in the direction or guidance for dealing with capacity disputes. Particularly in instances whereby a s12 or BIA assesses P to have capacity to recieve care in the care home/hospital (or vi… --- ## [Informal patient agreement](https://forum.mentalhealthlaw.co.uk/t/informal-patient-agreement/2476)
**Author:** [@AmyBooth](https://forum.mentalhealthlaw.co.uk/u/AmyBooth)\ **Replies:** 2\ **Last updated:** [21 June 2024 21:06 UTC](https://forum.mentalhealthlaw.co.uk/t/informal-patient-agreement/2476 "2024-06-21T21:06:19Z")
Is an agreement for an informal patient placed in an independent providers care necessary? Patient will be resident on a ward along with detained patients and therefore the doors remain locked for safety etc. However a… --- ## [S2 MHT and section papers](https://forum.mentalhealthlaw.co.uk/t/s2-mht-and-section-papers/2519)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 2\ **Last updated:** [20 June 2024 10:17 UTC](https://forum.mentalhealthlaw.co.uk/t/s2-mht-and-section-papers/2519 "2024-06-20T10:17:01Z")
It used to be the case that the section papers had to be filed with the MHT on a section 2 case and I was unaware that this had changed. I thought this was in the TPR but if it ever was it does not seem to be now. Does … [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=16) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=18)