# Law and practice **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=18 [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:** 19 --- ## [What is the precedent of a patient being given leave when in seclusion](https://forum.mentalhealthlaw.co.uk/t/what-is-the-precedent-of-a-patient-being-given-leave-when-in-seclusion/2506)
**Author:** [@Damo49](https://forum.mentalhealthlaw.co.uk/u/Damo49)\ **Replies:** 3\ **Last updated:** [17 June 2024 21:49 UTC](https://forum.mentalhealthlaw.co.uk/t/what-is-the-precedent-of-a-patient-being-given-leave-when-in-seclusion/2506 "2024-06-17T21:49:17Z")
Can you advise on case law or practice standards etc around patients having leave whilst in seclusion --- ## [Independent Social Worker needed](https://forum.mentalhealthlaw.co.uk/t/independent-social-worker-needed/2501)
**Author:** [@Sophie\_Holloway](https://forum.mentalhealthlaw.co.uk/u/Sophie_Holloway)\ **Replies:** 5\ **Last updated:** [15 June 2024 15:25 UTC](https://forum.mentalhealthlaw.co.uk/t/independent-social-worker-needed/2501 "2024-06-15T15:25:30Z")
Hello, Could anyone recommend a forensic social worker based near to Essex to produce a report for the FTT and identify potential accommodation options? Thanks --- ## [LPA and restrictions on contact](https://forum.mentalhealthlaw.co.uk/t/lpa-and-restrictions-on-contact/1192)
**Author:** [@JamesCodling](https://forum.mentalhealthlaw.co.uk/u/JamesCodling)\ **Replies:** 2\ **Last updated:** [10 June 2024 06:40 UTC](https://forum.mentalhealthlaw.co.uk/t/lpa-and-restrictions-on-contact/1192 "2024-06-10T06:40:07Z")
I just came across this very interesting LGO decision – Hertfordshire County Council (21 006 495) \[2022\] MHLO 2 (LGSCO) – where the following comment is made in the report: ’ \* Dr C said he spent a lot of time researchi… --- ## [Section 20A Hospital Managers review when CTO subsequently revoked](https://forum.mentalhealthlaw.co.uk/t/section-20a-hospital-managers-review-when-cto-subsequently-revoked/2467)
**Author:** [@anonymous39](https://forum.mentalhealthlaw.co.uk/u/anonymous39)\ **Replies:** 3\ **Last updated:** [6 June 2024 15:12 UTC](https://forum.mentalhealthlaw.co.uk/t/section-20a-hospital-managers-review-when-cto-subsequently-revoked/2467 "2024-06-06T15:12:06Z")
So a patient has their CTO extended, the extension period has begun and the CTO is then revoked. Does a hospital managers panel then have to review the CTO extension even though it has since been revoked? The patient wi… --- ## [Duration of s48 medical recommendations](https://forum.mentalhealthlaw.co.uk/t/duration-of-s48-medical-recommendations/2482)
**Author:** [@metoo](https://forum.mentalhealthlaw.co.uk/u/metoo)\ **Replies:** 1\ **Last updated:** [30 May 2024 13:29 UTC](https://forum.mentalhealthlaw.co.uk/t/duration-of-s48-medical-recommendations/2482 "2024-05-30T13:29:52Z")
Under s.48 am i right in believing they are only valid for 14 days? which would be the same as med recs for any other section? can you point me to the law which states this please? --- ## [Private hospital detaining and charging](https://forum.mentalhealthlaw.co.uk/t/private-hospital-detaining-and-charging/2479)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 4\ **Last updated:** [30 May 2024 09:00 UTC](https://forum.mentalhealthlaw.co.uk/t/private-hospital-detaining-and-charging/2479 "2024-05-30T09:00:57Z")
There was some case law about this a few years back but I cannot find it. I am fairly sure the case involved a private hospital detaining someone who had gone in for a consultation and then charging them and I am sure i… --- ## [Right for translator for Nearest Relative at Tribunal ](https://forum.mentalhealthlaw.co.uk/t/right-for-translator-for-nearest-relative-at-tribunal/2413)
**Author:** [@JBurgess](https://forum.mentalhealthlaw.co.uk/u/JBurgess)\ **Replies:** 3\ **Last updated:** [30 May 2024 08:15 UTC](https://forum.mentalhealthlaw.co.uk/t/right-for-translator-for-nearest-relative-at-tribunal/2413 "2024-05-30T08:15:28Z")
Hello All, Hoping someone can please help me with an issue. The client has asked the Nearest Relative to attend the Tribunal as they support discharge however the NR does not speak English. The Tribunal have refused to … --- ## [Mental health tribunals, retrospective judgements](https://forum.mentalhealthlaw.co.uk/t/mental-health-tribunals-retrospective-judgements/2484)
**Author:** [@Andrew](https://forum.mentalhealthlaw.co.uk/u/Andrew)\ **Replies:** 1\ **Last updated:** [30 May 2024 08:01 UTC](https://forum.mentalhealthlaw.co.uk/t/mental-health-tribunals-retrospective-judgements/2484 "2024-05-30T08:01:12Z")
I am familiar with the real time activity of tribunals that may release section 2 inmates if they do not exhibit the criteria to justify detention. Do they have any powers to investigate past cases where a person was pos… --- ## [Unsure of identification of nearest relative (five-year residence, step parent)](https://forum.mentalhealthlaw.co.uk/t/unsure-of-identification-of-nearest-relative-five-year-residence-step-parent/2470)
**Author:** [@hgnkj](https://forum.mentalhealthlaw.co.uk/u/hgnkj)\ **Replies:** 6\ **Last updated:** [28 May 2024 15:44 UTC](https://forum.mentalhealthlaw.co.uk/t/unsure-of-identification-of-nearest-relative-five-year-residence-step-parent/2470 "2024-05-28T15:44:54Z")
Hi all, Having some issues identifying nearest relative. Reading older posts I believe our initial take is correct, but was hoping to clarify. Pt only has a step mother and a long-term friend/partner who they have been … --- ## [Independent Liaison Psychiatry Expert Needed ](https://forum.mentalhealthlaw.co.uk/t/independent-liaison-psychiatry-expert-needed/2475)
**Author:** [@rachlelliott](https://forum.mentalhealthlaw.co.uk/u/rachlelliott)\ **Replies:** 0\ **Last updated:** [25 May 2024 06:55 UTC](https://forum.mentalhealthlaw.co.uk/t/independent-liaison-psychiatry-expert-needed/2475 "2024-05-25T06:55:54Z")
Hi I have a client trying to challenge a diagnosis of somatoform disorder. They have been seen by a variety of physical health professionals who have provided a diagnosis of Ehlers–Danlos syndrome and laryngeal hypermob… --- ## [Advice please about hospital orders and alternatives](https://forum.mentalhealthlaw.co.uk/t/advice-please-about-hospital-orders-and-alternatives/2460)
**Author:** [@Elsiebobs](https://forum.mentalhealthlaw.co.uk/u/Elsiebobs)\ **Replies:** 2\ **Last updated:** [21 May 2024 09:22 UTC](https://forum.mentalhealthlaw.co.uk/t/advice-please-about-hospital-orders-and-alternatives/2460 "2024-05-21T09:22:02Z")
My son is currently being held in prison on remand as he is deemed unfit to stand trial because of his severe psychosis. At his latest sentencing hearing where he is expected to revive a hospital order this couldn’t happ… --- ## [Rectifiable errors - 14 day rule](https://forum.mentalhealthlaw.co.uk/t/rectifiable-errors-14-day-rule/2456)
**Author:** [@metoo](https://forum.mentalhealthlaw.co.uk/u/metoo)\ **Replies:** 1\ **Last updated:** [20 May 2024 12:00 UTC](https://forum.mentalhealthlaw.co.uk/t/rectifiable-errors-14-day-rule/2456 "2024-05-20T12:00:18Z")
Once the 14 days have expired what is the right course of action and please provide legislation/case law/ jones if there are any --- ## [Section 5(2) Holding Powers](https://forum.mentalhealthlaw.co.uk/t/section-5-2-holding-powers/2428)
**Author:** [@metoo](https://forum.mentalhealthlaw.co.uk/u/metoo)\ **Replies:** 5\ **Last updated:** [20 May 2024 11:50 UTC](https://forum.mentalhealthlaw.co.uk/t/section-5-2-holding-powers/2428 "2024-05-20T11:50:15Z")
Scenario: s.5(2) completed at 9pm and unsigned by s.12 doctor, doctor returns at 7am and signs it. Surely this is an invalid section but where do i find legislation or case law for this? --- ## [Unlawful detention, unlawful assessment?](https://forum.mentalhealthlaw.co.uk/t/unlawful-detention-unlawful-assessment/2449)
**Author:** [@MHLOThomas](https://forum.mentalhealthlaw.co.uk/u/MHLOThomas)\ **Replies:** 5\ **Last updated:** [16 May 2024 12:26 UTC](https://forum.mentalhealthlaw.co.uk/t/unlawful-detention-unlawful-assessment/2449 "2024-05-16T12:26:39Z")
If a person is unlawfully detained (i.e. in a private dwelling), is their subsequent assessment by health/AMHP under the MHA unlawful also? If the assessing team are not aware of the detention being unlawful, does this … --- ## [Trial of the Facts](https://forum.mentalhealthlaw.co.uk/t/trial-of-the-facts/2446)
**Author:** [@ClementAttlee](https://forum.mentalhealthlaw.co.uk/u/ClementAttlee)\ **Replies:** 7\ **Last updated:** [15 May 2024 17:47 UTC](https://forum.mentalhealthlaw.co.uk/t/trial-of-the-facts/2446 "2024-05-15T17:47:53Z")
Hi all- we have a pt who was found not guilty following a trial of the facts, of a very serious offence. I am aware that should he have been found guilty there would have been consideration for another court hearing at t… --- ## [How far back or to what date can the Worcester S117 Judgement be applied?](https://forum.mentalhealthlaw.co.uk/t/how-far-back-or-to-what-date-can-the-worcester-s117-judgement-be-applied/2443)
**Author:** [@Claire](https://forum.mentalhealthlaw.co.uk/u/Claire)\ **Replies:** 3\ **Last updated:** [14 May 2024 14:14 UTC](https://forum.mentalhealthlaw.co.uk/t/how-far-back-or-to-what-date-can-the-worcester-s117-judgement-be-applied/2443 "2024-05-14T14:14:51Z")
How far back can the Worcester S117 Judgement be applied to other cases? For instance a Local Authority has been told they are responsible for S117 aftercare of a person who was moved to a private hospital voluntarily b… --- ## [Person was moved into HMO with mental illness](https://forum.mentalhealthlaw.co.uk/t/person-was-moved-into-hmo-with-mental-illness/2437)
**Author:** [@coco5](https://forum.mentalhealthlaw.co.uk/u/coco5)\ **Replies:** 4\ **Last updated:** [14 May 2024 12:24 UTC](https://forum.mentalhealthlaw.co.uk/t/person-was-moved-into-hmo-with-mental-illness/2437 "2024-05-14T12:24:52Z")
Hi I need some help. Last October. A lady was moved into our HMO. House share. No issues but 2 months into her stay. We found out she’s a cormordal schizophrenic. I’ve seen documentation stating so should we of… --- ## [Archiving Section Papers](https://forum.mentalhealthlaw.co.uk/t/archiving-section-papers/2431)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 3\ **Last updated:** [11 May 2024 00:22 UTC](https://forum.mentalhealthlaw.co.uk/t/archiving-section-papers/2431 "2024-05-11T00:22:29Z")
Hi Does anyone know the legal requirement if archiving was going digital, do the original section papers have to be kept or can they be shredded once they have all been scanned into archiving storage. thanks --- ## [S.2 Rights in French](https://forum.mentalhealthlaw.co.uk/t/s-2-rights-in-french/2425)
**Author:** [@Jojo](https://forum.mentalhealthlaw.co.uk/u/Jojo)\ **Replies:** 3\ **Last updated:** [8 May 2024 15:28 UTC](https://forum.mentalhealthlaw.co.uk/t/s-2-rights-in-french/2425 "2024-05-08T15:28:25Z")
Hi Does anybody have a S.2 Patient Rights leaflet in French please? When I choose the French one in the website Information Tab, it opens an adobe page but nothing appears. Thanks --- ## [Independent Psychiatrist](https://forum.mentalhealthlaw.co.uk/t/independent-psychiatrist/2417)
**Author:** [@Porolli](https://forum.mentalhealthlaw.co.uk/u/Porolli)\ **Replies:** 3\ **Last updated:** [7 May 2024 16:20 UTC](https://forum.mentalhealthlaw.co.uk/t/independent-psychiatrist/2417 "2024-05-07T16:20:40Z")
I am in the Manchester area and I am seeking suggestions for someone who may be able to do an independent medical report for Tribunal purposes. My client has ASD and is also diagnosed with Emotionally Unstable Personali… --- ## [Can NR object to CTO?](https://forum.mentalhealthlaw.co.uk/t/can-nr-object-to-cto/2420)
**Author:** [@Christine1](https://forum.mentalhealthlaw.co.uk/u/Christine1)\ **Replies:** 1\ **Last updated:** [3 May 2024 21:04 UTC](https://forum.mentalhealthlaw.co.uk/t/can-nr-object-to-cto/2420 "2024-05-03T21:04:54Z")
Nearest relative, child offering care but lives in another city Can nearest relative, object to a CTO --- ## [Homeless and S117](https://forum.mentalhealthlaw.co.uk/t/homeless-and-s117/2414)
**Author:** [@NewSocialWorker1](https://forum.mentalhealthlaw.co.uk/u/NewSocialWorker1)\ **Replies:** 4\ **Last updated:** [3 May 2024 00:13 UTC](https://forum.mentalhealthlaw.co.uk/t/homeless-and-s117/2414 "2024-05-03T00:13:02Z")
Hi all My apologies! I’m still learning. I was wondering if someone could help me with this. If P was born in area A, was living there prior to being homeless. Last registered under GP practice in the area and known t… --- ## [CTO1 failed medical scrutiny](https://forum.mentalhealthlaw.co.uk/t/cto1-failed-medical-scrutiny/2412)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 4\ **Last updated:** [1 May 2024 10:41 UTC](https://forum.mentalhealthlaw.co.uk/t/cto1-failed-medical-scrutiny/2412 "2024-05-01T10:41:57Z")
Hi all So a CTO1 application completed by the RC/agreed by the AMHP which has come into legal effect has failed medical scrutiny on the grounds that the RC has failed to justify the need for a CTO because there just isn… --- ## [Nearest Relative right to apply to a Tribunal](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-right-to-apply-to-a-tribunal/2408)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 4\ **Last updated:** [1 May 2024 06:51 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-right-to-apply-to-a-tribunal/2408 "2024-05-01T06:51:35Z")
Hi Does the NR only have the right to apply to a Tribunal in the following cases: Section 3, 17a, but only where they have applied to the hospital managers for the patients discharge and the RC has barred this using M2… --- ## [Practical questions about Section 136 and S136 vs MCA](https://forum.mentalhealthlaw.co.uk/t/practical-questions-about-section-136-and-s136-vs-mca/2407)
**Author:** [@halley](https://forum.mentalhealthlaw.co.uk/u/halley)\ **Replies:** 1\ **Last updated:** [30 April 2024 09:11 UTC](https://forum.mentalhealthlaw.co.uk/t/practical-questions-about-section-136-and-s136-vs-mca/2407 "2024-04-30T09:11:00Z")
Hi all, First of all, I wanted to say that my knowledge of MCA and MHA is limited. I am looking for some clarification on a couple of aspects. How do MCA and S136 interact? I hear nowadays that someone that has been… --- ## [Help wanted to adjourn court proceedings](https://forum.mentalhealthlaw.co.uk/t/help-wanted-to-adjourn-court-proceedings/2374)
**Author:** [@Narendra](https://forum.mentalhealthlaw.co.uk/u/Narendra)\ **Replies:** 9\ **Last updated:** [30 April 2024 08:20 UTC](https://forum.mentalhealthlaw.co.uk/t/help-wanted-to-adjourn-court-proceedings/2374 "2024-04-30T08:20:26Z")
Dear Forum Members, \[…\] I am reaching out in desperate need of advice and support regarding my son’s situation. \[…\] Despite my efforts, including applying for Lasting Power of Attorney (LPOA), which is still in proces… --- ## [Wrong surname of NR on Section papers](https://forum.mentalhealthlaw.co.uk/t/wrong-surname-of-nr-on-section-papers/2386)
**Author:** [@anonymous26](https://forum.mentalhealthlaw.co.uk/u/anonymous26)\ **Replies:** 7\ **Last updated:** [30 April 2024 08:19 UTC](https://forum.mentalhealthlaw.co.uk/t/wrong-surname-of-nr-on-section-papers/2386 "2024-04-30T08:19:15Z")
Hi, after reviewing section papers we have noticed that the nearest relatives surname included on the application is wrong. The husband and the patient in this case had different surnames and the AMHP has put the nearest… --- ## [Fitness to plead in criminal cases](https://forum.mentalhealthlaw.co.uk/t/fitness-to-plead-in-criminal-cases/2379)
**Author:** [@GoddardTania](https://forum.mentalhealthlaw.co.uk/u/GoddardTania)\ **Replies:** 3\ **Last updated:** [30 April 2024 08:18 UTC](https://forum.mentalhealthlaw.co.uk/t/fitness-to-plead-in-criminal-cases/2379 "2024-04-30T08:18:52Z")
I am a researcher exploring fitness to plead in Crown Court cases. I would be interested to hear from anyone with experience of issues being raised in relation to fitness to plead. --- ## [Staff shortages affecting s17 leave](https://forum.mentalhealthlaw.co.uk/t/staff-shortages-affecting-s17-leave/2382)
**Author:** [@Advocate22](https://forum.mentalhealthlaw.co.uk/u/Advocate22)\ **Replies:** 4\ **Last updated:** [26 April 2024 11:50 UTC](https://forum.mentalhealthlaw.co.uk/t/staff-shortages-affecting-s17-leave/2382 "2024-04-26T11:50:44Z")
Hi, I am an IMHA supporting patients detained on an acute NHS ward. Staffing circumstances are reportedly becoming more and more strained to the extent that patient are increasingly unable to access the s17 leave grant… --- ## [Missing name on a CTO](https://forum.mentalhealthlaw.co.uk/t/missing-name-on-a-cto/2383)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 2\ **Last updated:** [26 April 2024 10:51 UTC](https://forum.mentalhealthlaw.co.uk/t/missing-name-on-a-cto/2383 "2024-04-26T10:51:04Z")
Hi On a CTO renewal CTO7, part 2 the AMHP hasn’t put the patients name, does this make the renewal invalid. Sorry bombarding this forum today. Thanks [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=17) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=19)