# Law and practice **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=19 [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:** 20 --- ## [Restricted patient hospital transfer while on long s17 leave](https://forum.mentalhealthlaw.co.uk/t/restricted-patient-hospital-transfer-while-on-long-s17-leave/2375)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 6\ **Last updated:** [26 April 2024 09:31 UTC](https://forum.mentalhealthlaw.co.uk/t/restricted-patient-hospital-transfer-while-on-long-s17-leave/2375 "2024-04-26T09:31:54Z")
Hi If a patient is on S17 at a community placement, the hospital holding his S3 papers is due to close, the patients papers need to be transferred to another hospital which has accepted him. Does the patient have to go … --- ## [CTO residence conditions](https://forum.mentalhealthlaw.co.uk/t/cto-residence-conditions/2365)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 12\ **Last updated:** [25 April 2024 00:33 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-residence-conditions/2365 "2024-04-25T00:33:48Z")
Hi, if a patient has a forensic history, would it be possible to make one of the conditions of the CTO about where he can or can’t live. Or does it have to be all about the treatment / medication compliance. Many thanks … --- ## [Difference between section 3 and DoLS](https://forum.mentalhealthlaw.co.uk/t/difference-between-section-3-and-dols/2352)
**Author:** [@S4mathew](https://forum.mentalhealthlaw.co.uk/u/S4mathew)\ **Replies:** 10\ **Last updated:** [18 April 2024 08:24 UTC](https://forum.mentalhealthlaw.co.uk/t/difference-between-section-3-and-dols/2352 "2024-04-18T08:24:44Z")
Hi this question may look silly but please some help me. I am a newly qualified MH nurse and faced a question from one of the dementia patients family. Patient was on section 2 and placed on DOLS when section 2 expired.… --- ## [Transfer from Wales to England](https://forum.mentalhealthlaw.co.uk/t/transfer-from-wales-to-england/2349)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 0\ **Last updated:** [15 April 2024 14:39 UTC](https://forum.mentalhealthlaw.co.uk/t/transfer-from-wales-to-england/2349 "2024-04-15T14:39:23Z")
Hi, When transferring a patient from Wales to England, is there anything specific that i should be aware of, such as will SOAD requests be the same or when their renewal is due, we just use our forms, etc. --- ## [Action after invalid section](https://forum.mentalhealthlaw.co.uk/t/action-after-invalid-section/2345)
**Author:** [@southamp](https://forum.mentalhealthlaw.co.uk/u/southamp)\ **Replies:** 1\ **Last updated:** [11 April 2024 21:12 UTC](https://forum.mentalhealthlaw.co.uk/t/action-after-invalid-section/2345 "2024-04-11T21:12:01Z")
Both (out of county) section 2 medical recommendations are insufficient and the application is deemed invalid. RC wishes to re-detain. Do the RC or the hospital managers have to complete section 23 before the new applic… --- ## [Rule 14 non-disclosure and fair hearings](https://forum.mentalhealthlaw.co.uk/t/rule-14-non-disclosure-and-fair-hearings/2343)
**Author:** [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\ **Replies:** 1\ **Last updated:** [10 April 2024 08:54 UTC](https://forum.mentalhealthlaw.co.uk/t/rule-14-non-disclosure-and-fair-hearings/2343 "2024-04-10T08:54:29Z")
Quite often we receive documents requesting non-disclosure for flimsy reasons that don’t meet the test in R14. These often result in the author of the report requesting to withdraw or no longer rely on that information … --- ## [Children and Mental Health Act Assessments](https://forum.mentalhealthlaw.co.uk/t/children-and-mental-health-act-assessments/2337)
**Author:** [@Neale10](https://forum.mentalhealthlaw.co.uk/u/Neale10)\ **Replies:** 3\ **Last updated:** [6 April 2024 19:10 UTC](https://forum.mentalhealthlaw.co.uk/t/children-and-mental-health-act-assessments/2337 "2024-04-06T19:10:06Z")
Please how should mental health act assessments be conducted at home if children are present? --- ## [Brain injury but no mental disorder](https://forum.mentalhealthlaw.co.uk/t/brain-injury-but-no-mental-disorder/1868)
**Author:** [@Jacqueline](https://forum.mentalhealthlaw.co.uk/u/Jacqueline)\ **Replies:** 6\ **Last updated:** [3 April 2024 19:30 UTC](https://forum.mentalhealthlaw.co.uk/t/brain-injury-but-no-mental-disorder/1868 "2024-04-03T19:30:25Z")
Does anyone have a view on this scenario? Person suffers a brain injury due to Hyperosmolar Hyperglycaemic State and possible fall. Person is objecting to care and treatment on a neuro ward and subsequently moved to a … --- ## [DoH s2 references](https://forum.mentalhealthlaw.co.uk/t/doh-s2-references/2332)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 3\ **Last updated:** [31 March 2024 09:23 UTC](https://forum.mentalhealthlaw.co.uk/t/doh-s2-references/2332 "2024-03-31T09:23:41Z")
The DoH have started automatically rejecting referrals which have been made in the last 7 days of s2 on the basis that there is not enough time for the MHT to be held before the end of the section. I challenged this poi… --- ## [Contribution to s117 aftercare](https://forum.mentalhealthlaw.co.uk/t/contribution-to-s117-aftercare/2330)
**Author:** [@Amersham](https://forum.mentalhealthlaw.co.uk/u/Amersham)\ **Replies:** 1\ **Last updated:** [30 March 2024 01:11 UTC](https://forum.mentalhealthlaw.co.uk/t/contribution-to-s117-aftercare/2330 "2024-03-30T01:11:55Z")
Loved one was sectioned in Dec 23, discharge planning meeting said we would be given two choices of OPMH. No OPMH feel they can cope with loved one. OPMH plus setting recommended, they also felt they could not meet his n… --- ## [Who can place a patient on CTO?](https://forum.mentalhealthlaw.co.uk/t/who-can-place-a-patient-on-cto/2319)
**Author:** [@Manoj](https://forum.mentalhealthlaw.co.uk/u/Manoj)\ **Replies:** 14\ **Last updated:** [28 March 2024 20:50 UTC](https://forum.mentalhealthlaw.co.uk/t/who-can-place-a-patient-on-cto/2319 "2024-03-28T20:50:56Z")
Only the current RC ( along with the AMHP) can place a patient on CTO. This would mean that the inpatient RC ( and NOT the community RC who will take over the patient after discharge) has to complete the CTO. Is this ri… --- ## [Can a section 37 cancel debts](https://forum.mentalhealthlaw.co.uk/t/can-a-section-37-cancel-debts/2309)
**Author:** [@Allan](https://forum.mentalhealthlaw.co.uk/u/Allan)\ **Replies:** 2\ **Last updated:** [25 March 2024 20:18 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-section-37-cancel-debts/2309 "2024-03-25T20:18:50Z")
My son has been sentenced by the Courts to remain in hospital under Section 37. Can his financial debts be discharged ? --- ## [Can a nearest relative object to a CTO?](https://forum.mentalhealthlaw.co.uk/t/can-a-nearest-relative-object-to-a-cto/2297)
**Author:** [@Neale10](https://forum.mentalhealthlaw.co.uk/u/Neale10)\ **Replies:** 6\ **Last updated:** [19 March 2024 20:57 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-nearest-relative-object-to-a-cto/2297 "2024-03-19T20:57:58Z")
Hi! Can a nearest relative object a CTO please? --- ## [Does section 3 have to be discharged if patient sentenced to 37/41?](https://forum.mentalhealthlaw.co.uk/t/does-section-3-have-to-be-discharged-if-patient-sentenced-to-37-41/2303)
**Author:** [@harpreet](https://forum.mentalhealthlaw.co.uk/u/harpreet)\ **Replies:** 1\ **Last updated:** [19 March 2024 16:02 UTC](https://forum.mentalhealthlaw.co.uk/t/does-section-3-have-to-be-discharged-if-patient-sentenced-to-37-41/2303 "2024-03-19T16:02:33Z")
does section 3 have to be discharged if pt sentenced to 37/41? --- ## [CTO + Section 2](https://forum.mentalhealthlaw.co.uk/t/cto-section-2/2300)
**Author:** [@khoben88](https://forum.mentalhealthlaw.co.uk/u/khoben88)\ **Replies:** 4\ **Last updated:** [19 March 2024 15:50 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-section-2/2300 "2024-03-19T15:50:40Z")
Hi, I’ve completed some in house training today on CTO’s and was told that a patient can be detained under section 2 whilst on a CTO. It didn’t make sense to me, my thoughts being that if there were any issues whilst o… --- ## [Assistance needed with completion and submission of Nearest Relative Request for Detention Form](https://forum.mentalhealthlaw.co.uk/t/assistance-needed-with-completion-and-submission-of-nearest-relative-request-for-detention-form/2152)
**Author:** [@Emer](https://forum.mentalhealthlaw.co.uk/u/Emer)\ **Replies:** 6\ **Last updated:** [16 March 2024 15:26 UTC](https://forum.mentalhealthlaw.co.uk/t/assistance-needed-with-completion-and-submission-of-nearest-relative-request-for-detention-form/2152 "2024-03-16T15:26:12Z")
I am trying to complete the above form online. It is not very user friendly. I have downloaded a word version and put information in but it won’t let me edit it the way it is asking me to. Also, I can’t figure out how… --- ## [Sectioned MHA 2 - no nearest relative ](https://forum.mentalhealthlaw.co.uk/t/sectioned-mha-2-no-nearest-relative/2293)
**Author:** [@ClientNorthampton](https://forum.mentalhealthlaw.co.uk/u/ClientNorthampton)\ **Replies:** 1\ **Last updated:** [16 March 2024 15:15 UTC](https://forum.mentalhealthlaw.co.uk/t/sectioned-mha-2-no-nearest-relative/2293 "2024-03-16T15:15:00Z")
What are the considerations where a section 2a is implemented where there is no ‘nearest relative’ /no relative identified or consulted when a section 2a is applied? In the absence of being able to consult or inform any … --- ## [S37/41 Patient Deemed Fit to Plead and Stand Trial](https://forum.mentalhealthlaw.co.uk/t/s37-41-patient-deemed-fit-to-plead-and-stand-trial/2263)
**Author:** [@helenlink](https://forum.mentalhealthlaw.co.uk/u/helenlink)\ **Replies:** 10\ **Last updated:** [16 March 2024 11:06 UTC](https://forum.mentalhealthlaw.co.uk/t/s37-41-patient-deemed-fit-to-plead-and-stand-trial/2263 "2024-03-16T11:06:05Z")
We have a patient who was admitted to hospital in 2019 under S37/41. The Court order states is was impracticable or inappropriate for the patient to be brought to court. We have now received a letter advising the RC ha… --- ## [Section 3 and personal care](https://forum.mentalhealthlaw.co.uk/t/section-3-and-personal-care/2287)
**Author:** [@S4mathew](https://forum.mentalhealthlaw.co.uk/u/S4mathew)\ **Replies:** 7\ **Last updated:** [15 March 2024 12:14 UTC](https://forum.mentalhealthlaw.co.uk/t/section-3-and-personal-care/2287 "2024-03-15T12:14:04Z")
Hi we have a dementia patient on section 3, who declines shower quite often. His wife was very upset and demanding staff to shower him every day. She always use the phrase “he is not having capacity to decide “ but the p… --- ## [Contact Nearest Relative if that contact would put NR at risk](https://forum.mentalhealthlaw.co.uk/t/contact-nearest-relative-if-that-contact-would-put-nr-at-risk/2281)
**Author:** [@Tony2457](https://forum.mentalhealthlaw.co.uk/u/Tony2457)\ **Replies:** 5\ **Last updated:** [13 March 2024 23:47 UTC](https://forum.mentalhealthlaw.co.uk/t/contact-nearest-relative-if-that-contact-would-put-nr-at-risk/2281 "2024-03-13T23:47:13Z")
Does anyone know of case law that defines my questions or know of good practice instances . Thankyou in advance . Must an AMHP contact the Nearest Relative of a person who is on leave from hospital (not detained under M… --- ## [Allowed to be associate hospital manager?](https://forum.mentalhealthlaw.co.uk/t/allowed-to-be-associate-hospital-manager/2282)
**Author:** [@anonymous28](https://forum.mentalhealthlaw.co.uk/u/anonymous28)\ **Replies:** 1\ **Last updated:** [12 March 2024 13:27 UTC](https://forum.mentalhealthlaw.co.uk/t/allowed-to-be-associate-hospital-manager/2282 "2024-03-12T13:27:05Z")
Hi Can a public counsel of governor member for an NHS FT also hold the role of an associate hospital manager for the same Trust? Thanking you in advance. --- ## [Nearest Relative and wives](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-and-wives/2265)
**Author:** [@anonymous28](https://forum.mentalhealthlaw.co.uk/u/anonymous28)\ **Replies:** 2\ **Last updated:** [12 March 2024 08:50 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-and-wives/2265 "2024-03-12T08:50:36Z")
Hi So just read something in the NR handbook by David Hewitt that if a patient is party to polygamous marriage the oldest of his or her spouse will be the NR - what??? Can someone please make this make sense. Also if a… --- ## [Habeas corpus following NR discharge requests](https://forum.mentalhealthlaw.co.uk/t/habeas-corpus-following-nr-discharge-requests/2276)
**Author:** [@Heidi83](https://forum.mentalhealthlaw.co.uk/u/Heidi83)\ **Replies:** 2\ **Last updated:** [8 March 2024 17:30 UTC](https://forum.mentalhealthlaw.co.uk/t/habeas-corpus-following-nr-discharge-requests/2276 "2024-03-08T17:30:22Z")
Hi all, I’m hoping you may be able to advise. Back in February an NR discharge was issued on 8th, following conversations with the NR and MDT it was agreed that it would be re-issued on 12th Feb, which was then barred o… --- ## [Tribunal and managers' hearing following renewal of s37](https://forum.mentalhealthlaw.co.uk/t/tribunal-and-managers-hearing-following-renewal-of-s37/2273)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 6\ **Last updated:** [8 March 2024 08:51 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-and-managers-hearing-following-renewal-of-s37/2273 "2024-03-08T08:51:11Z")
Hi If an RC is renewing a S37, do you have to have an automatic managers for the renewal and tribunal if not had one in the first 6 months Thanks --- ## [Cancelling a CTO before it comes in to force](https://forum.mentalhealthlaw.co.uk/t/cancelling-a-cto-before-it-comes-in-to-force/2270)
**Author:** [@Cheryl](https://forum.mentalhealthlaw.co.uk/u/Cheryl)\ **Replies:** 4\ **Last updated:** [7 March 2024 14:46 UTC](https://forum.mentalhealthlaw.co.uk/t/cancelling-a-cto-before-it-comes-in-to-force/2270 "2024-03-07T14:46:29Z")
Hoping someone can help All parts of the CTO1 were completed in advance with a date for it to begin on 26/2/24. A ref S3 tribunal was scheduled for 27/2/24. Client decided that they did not want to contest at a tribuna… --- ## [ECT under CTO](https://forum.mentalhealthlaw.co.uk/t/ect-under-cto/2271)
**Author:** [@anonymous28](https://forum.mentalhealthlaw.co.uk/u/anonymous28)\ **Replies:** 4\ **Last updated:** [7 March 2024 13:46 UTC](https://forum.mentalhealthlaw.co.uk/t/ect-under-cto/2271 "2024-03-07T13:46:03Z")
Hi If an adult patient has capacity and consenting to ECT under a CTO whilst remaining in the community could the RC certify the course of ECT via a CTO12? Thanking you in advance. --- ## [S136 suite detention](https://forum.mentalhealthlaw.co.uk/t/s136-suite-detention/2209)
**Author:** [@desiwilliams](https://forum.mentalhealthlaw.co.uk/u/desiwilliams)\ **Replies:** 18\ **Last updated:** [8 February 2024 17:41 UTC](https://forum.mentalhealthlaw.co.uk/t/s136-suite-detention/2209 "2024-02-08T17:41:49Z")
I have been contacted by an IMHA on behalf of a person in a 136 suite for nearly a week whilst awaiting a bed with med recs completed. They were told they couldn’t leave and were being held under common law! Is it too s… --- ## [The MHA, force-feeding and best interests](https://forum.mentalhealthlaw.co.uk/t/the-mha-force-feeding-and-best-interests/2219)
**Author:** [@SPC](https://forum.mentalhealthlaw.co.uk/u/SPC)\ **Replies:** 4\ **Last updated:** [28 February 2024 12:09 UTC](https://forum.mentalhealthlaw.co.uk/t/the-mha-force-feeding-and-best-interests/2219 "2024-02-28T12:09:38Z")
Discharge planning is taking place for an S117-qualifying patient. There is a history of restrain and force-feeding and multiple hospital admissions. Can force-feeding occur in specified accommodations in the community… --- ## [Interpreters (including BSL) and Legal Aid](https://forum.mentalhealthlaw.co.uk/t/interpreters-including-bsl-and-legal-aid/2266)
**Author:** [@Porolli](https://forum.mentalhealthlaw.co.uk/u/Porolli)\ **Replies:** 4\ **Last updated:** [4 March 2024 10:28 UTC](https://forum.mentalhealthlaw.co.uk/t/interpreters-including-bsl-and-legal-aid/2266 "2024-03-04T10:28:38Z")
I wanted to ask if anyone could offer any advice/assistance on this. When we represent clients who need an interpreter, in our area the fees are for a minimum 3 hour period, regardless of how long the appointment is. T… --- ## [Responsiblity for translation of tribunal reports into foreign languages](https://forum.mentalhealthlaw.co.uk/t/responsiblity-for-translation-of-tribunal-reports-into-foreign-languages/1603)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 4\ **Last updated:** [21 February 2024 13:23 UTC](https://forum.mentalhealthlaw.co.uk/t/responsiblity-for-translation-of-tribunal-reports-into-foreign-languages/1603 "2024-02-21T13:23:06Z")
If a patient is unable to read English, who is responsible for obtaining a translation of the RC’s report into a language that the patient understands? Is it the Trust or the tribunal service? I was asked this question … [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=18) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=20)