# Law and practice **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=2 [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:** 3 --- ## [Post-dating s23](https://forum.mentalhealthlaw.co.uk/t/post-dating-s23/5602)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 5\ **Last updated:** [14 May 2026 15:15 UTC](https://forum.mentalhealthlaw.co.uk/t/post-dating-s23/5602 "2026-05-14T15:15:11Z")
We have just had a s23 sent to us nearly an hour before the time it was said to have been dated. What do we all think about that? --- ## [Section 37/41 via CPIA -- effect of remittal](https://forum.mentalhealthlaw.co.uk/t/section-37-41-via-cpia-effect-of-remittal/5612)
**Author:** [@Natalie](https://forum.mentalhealthlaw.co.uk/u/Natalie)\ **Replies:** 7\ **Last updated:** [14 May 2026 13:41 UTC](https://forum.mentalhealthlaw.co.uk/t/section-37-41-via-cpia-effect-of-remittal/5612 "2026-05-14T13:41:05Z")
Good morning, Could anybody kindly point me in the right direction please? S37/41 CPI - then remitted back to Court - patient then put on S3. Does the 37/41 cease upon this? Or are they existing concurrently? If so, I… --- ## [Withdrawing an application against client's wishes when appointed under r11(7)(b)](https://forum.mentalhealthlaw.co.uk/t/withdrawing-an-application-against-clients-wishes-when-appointed-under-r11-7-b/5595)
**Author:** [@RKM](https://forum.mentalhealthlaw.co.uk/u/RKM)\ **Replies:** 4\ **Last updated:** [13 May 2026 23:43 UTC](https://forum.mentalhealthlaw.co.uk/t/withdrawing-an-application-against-clients-wishes-when-appointed-under-r11-7-b/5595 "2026-05-13T23:43:04Z")
I presume that if instructed under r11(7)(b) it is appropriate to conduct the case in the best interest of the client, but I would be grateful for views on withdrawing an application, when it is early in the section (3 i… --- ## [Time scale for submitting 3x files to LA for billing](https://forum.mentalhealthlaw.co.uk/t/time-scale-for-submitting-3x-files-to-la-for-billing/5596)
**Author:** [@TiredLegalRep](https://forum.mentalhealthlaw.co.uk/u/TiredLegalRep)\ **Replies:** 2\ **Last updated:** [13 May 2026 11:18 UTC](https://forum.mentalhealthlaw.co.uk/t/time-scale-for-submitting-3x-files-to-la-for-billing/5596 "2026-05-13T11:18:55Z")
Have been told that the cut off period for billing 3x files is 6 years not the usual 3 months. Is this correct? --- ## [Enforceability of new deprivation of liberty conditional discharge](https://forum.mentalhealthlaw.co.uk/t/enforceability-of-new-deprivation-of-liberty-conditional-discharge/5382)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 13\ **Last updated:** [11 May 2026 14:26 UTC](https://forum.mentalhealthlaw.co.uk/t/enforceability-of-new-deprivation-of-liberty-conditional-discharge/5382 "2026-05-11T14:26:19Z")
Let’s say I plan to argue for a restricted patient’s discharge onto the new deprivation of liberty conditional discharge, with the new condition that’s been added to the conditions bank: “Not leave that address without o… --- ## [Ground leave vs community leave for s17 purposes](https://forum.mentalhealthlaw.co.uk/t/ground-leave-vs-community-leave-for-s17-purposes/5593)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 3\ **Last updated:** [9 May 2026 14:31 UTC](https://forum.mentalhealthlaw.co.uk/t/ground-leave-vs-community-leave-for-s17-purposes/5593 "2026-05-09T14:31:41Z")
Continuing the discussion from "Supervised conditional discharge": Likewise there is still the MOJ position as of late last year where ‘Ground leave’ is seen as ‘not community leave’ even when for some hospitals there i… --- ## [Tribunal proceedings for s3 patient on remand in prison](https://forum.mentalhealthlaw.co.uk/t/tribunal-proceedings-for-s3-patient-on-remand-in-prison/5573)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 5\ **Last updated:** [8 May 2026 16:26 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-proceedings-for-s3-patient-on-remand-in-prison/5573 "2026-05-08T16:26:27Z")
When a patient on s3 is detained in prison they are treated as if AWOL but we can’t find anything specific about what happens to their outstanding tribunal application. With patients who are AWOL the tribunal is usually … --- ## [Conditional discharge recall and s117 responsibility](https://forum.mentalhealthlaw.co.uk/t/conditional-discharge-recall-and-s117-responsibility/2004)
**Author:** [@fsswdoc](https://forum.mentalhealthlaw.co.uk/u/fsswdoc)\ **Replies:** 26\ **Last updated:** [8 May 2026 13:46 UTC](https://forum.mentalhealthlaw.co.uk/t/conditional-discharge-recall-and-s117-responsibility/2004 "2026-05-08T13:46:04Z")
Hi all, Been reading a few posts about the impact of the Supreme Court ruling on Section 3 and CTO (interestingly this is still a topic of debate amongst if recall leads to redetermination of OR in 117). \[Some text mov… --- ## ["Supervised conditional discharge"](https://forum.mentalhealthlaw.co.uk/t/supervised-conditional-discharge/5583)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 6\ **Last updated:** [7 May 2026 16:38 UTC](https://forum.mentalhealthlaw.co.uk/t/supervised-conditional-discharge/5583 "2026-05-07T16:38:44Z")
I can’t stand the MOJ calling it “supervised discharge” because that’s the old, repealed s25A provision. The alternatives aren’t as catchy – “conditional discharge with a deprivation of liberty”, “CD (Dep)”, “deprivation… --- ## [External supervision/support for mental health team](https://forum.mentalhealthlaw.co.uk/t/external-supervision-support-for-mental-health-team/5591)
**Author:** [@Balmullo](https://forum.mentalhealthlaw.co.uk/u/Balmullo)\ **Replies:** 3\ **Last updated:** [7 May 2026 06:59 UTC](https://forum.mentalhealthlaw.co.uk/t/external-supervision-support-for-mental-health-team/5591 "2026-05-07T06:59:10Z")
Do any legal representatives/panel members have access to any external professional supervision, other than the supervision requirements of work under the legal aid contract? I am conscious that as professionals we some… --- ## [Interplay between s3 and s48/49](https://forum.mentalhealthlaw.co.uk/t/interplay-between-s3-and-s48-49/5504)
**Author:** [@anonymous91](https://forum.mentalhealthlaw.co.uk/u/anonymous91)\ **Replies:** 6\ **Last updated:** [1 May 2026 19:51 UTC](https://forum.mentalhealthlaw.co.uk/t/interplay-between-s3-and-s48-49/5504 "2026-05-01T19:51:41Z")
If a section 3 patient is placed on s48/49 does the s3 expire or should it be discharged? --- ## [Looking for solicitor regarding 8 day CTO recall](https://forum.mentalhealthlaw.co.uk/t/looking-for-solicitor-regarding-8-day-cto-recall/5468)
**Author:** [@LoopyLou](https://forum.mentalhealthlaw.co.uk/u/LoopyLou)\ **Replies:** 4\ **Last updated:** [28 April 2026 10:53 UTC](https://forum.mentalhealthlaw.co.uk/t/looking-for-solicitor-regarding-8-day-cto-recall/5468 "2026-04-28T10:53:58Z")
My husband is looking for a solicitor to deal with a false imprisonment issue after an 8 day CTO recall. We are on a very low income and so would need a no win, no fee situation or legal aid (we have no idea what’s allow… --- ## [Unrestricted s37 patient who needs supervision amounting to deprivation of liberty on discharge](https://forum.mentalhealthlaw.co.uk/t/unrestricted-s37-patient-who-needs-supervision-amounting-to-deprivation-of-liberty-on-discharge/5467)
**Author:** [@Balmullo](https://forum.mentalhealthlaw.co.uk/u/Balmullo)\ **Replies:** 4\ **Last updated:** [22 April 2026 09:05 UTC](https://forum.mentalhealthlaw.co.uk/t/unrestricted-s37-patient-who-needs-supervision-amounting-to-deprivation-of-liberty-on-discharge/5467 "2026-04-22T09:05:14Z")
I represent a s37 patient who is due to have a Tribunal. He is assessed as needing supervision on discharge due to risk to others. As he is not on a restricted section, I do not see that he can be subject to the new CD… --- ## [Medical Scrutiny of Recommendations](https://forum.mentalhealthlaw.co.uk/t/medical-scrutiny-of-recommendations/5471)
**Author:** [@A.Ramsden](https://forum.mentalhealthlaw.co.uk/u/A.Ramsden)\ **Replies:** 4\ **Last updated:** [15 April 2026 19:14 UTC](https://forum.mentalhealthlaw.co.uk/t/medical-scrutiny-of-recommendations/5471 "2026-04-15T19:14:21Z")
If a medical recommendation A8, has failed medical scrutiny for not satisfying the criteria, can it firstly be amended? Secondly, can it be sent to a second scrutineer to see if they will pass it? --- ## [Advice to conduct a privileged review of medical records. MHA and Code of Practice](https://forum.mentalhealthlaw.co.uk/t/advice-to-conduct-a-privileged-review-of-medical-records-mha-and-code-of-practice/5455)
**Author:** [@AC2000](https://forum.mentalhealthlaw.co.uk/u/AC2000)\ **Replies:** 3\ **Last updated:** [13 April 2026 13:43 UTC](https://forum.mentalhealthlaw.co.uk/t/advice-to-conduct-a-privileged-review-of-medical-records-mha-and-code-of-practice/5455 "2026-04-13T13:43:34Z")
Can you please advise or recommend a specific firm? Type of Solicitor Needed: Specialist in Mental Health Act (1983) & Medical Records (Data Protection)& Human right/Discrimination Details of the Case: I am looking fo… --- ## [CTO and AWOL , stopped medications](https://forum.mentalhealthlaw.co.uk/t/cto-and-awol-stopped-medications/5448)
**Author:** [@amod](https://forum.mentalhealthlaw.co.uk/u/amod)\ **Replies:** 6\ **Last updated:** [11 April 2026 19:00 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-and-awol-stopped-medications/5448 "2026-04-11T19:00:43Z")
Advice needed Patient with diagnosis of chronic longstanding resistant schizoaffective disorder discharged on CTO from hospital recently on oral antipsychotic medication . P stopped medications and was AWOL briefly … --- ## [Withdrawing "not to be disclosed" evidence](https://forum.mentalhealthlaw.co.uk/t/withdrawing-not-to-be-disclosed-evidence/5420)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 5\ **Last updated:** [9 April 2026 17:11 UTC](https://forum.mentalhealthlaw.co.uk/t/withdrawing-not-to-be-disclosed-evidence/5420 "2026-04-09T17:11:14Z")
I’ve heard that sometimes when a report author finds out that the patient’s representative is arguing for disclosure the author decides to withdraw the report – and the tribunal panel goes along with this (having decided… --- ## [Emergency physical treatment](https://forum.mentalhealthlaw.co.uk/t/emergency-physical-treatment/5434)
**Author:** [@AmandaBryant](https://forum.mentalhealthlaw.co.uk/u/AmandaBryant)\ **Replies:** 2\ **Last updated:** [9 April 2026 15:17 UTC](https://forum.mentalhealthlaw.co.uk/t/emergency-physical-treatment/5434 "2026-04-09T15:17:29Z")
Can a patient under S5(2) be taken for emergency treatment at A&E (different hospital) against their will. I realise that the S5(2) ends when they leave the hospital. Would this be covered by MCA? --- ## [Statutory treatment form due date for patient on CTO (following s2 then s3)](https://forum.mentalhealthlaw.co.uk/t/statutory-treatment-form-due-date-for-patient-on-cto-following-s2-then-s3/5433)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 1\ **Last updated:** [7 April 2026 15:21 UTC](https://forum.mentalhealthlaw.co.uk/t/statutory-treatment-form-due-date-for-patient-on-cto-following-s2-then-s3/5433 "2026-04-07T15:21:12Z")
Hi all S2 commenced 10/01/2026 S3 commenced 02/02/2026 CTO1 commenced 27/03/2026 When is the statutory treatment form due for the CTO is it the 09/04/2026 (date when s58 would have applied - we go off date when first… --- ## [Tribunal panel using previous tribunal decision for criteria](https://forum.mentalhealthlaw.co.uk/t/tribunal-panel-using-previous-tribunal-decision-for-criteria/5410)
**Author:** [@NickyGatland](https://forum.mentalhealthlaw.co.uk/u/NickyGatland)\ **Replies:** 2\ **Last updated:** [2 April 2026 16:34 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-panel-using-previous-tribunal-decision-for-criteria/5410 "2026-04-02T16:34:30Z")
I recently represented a client who is detained under S37/41. At the tribunal we requested a deferred conditional discharge as no accommodation available at present, this was supported by the detaining authority. The c… --- ## [S3 assessment if a CTO recall lapses](https://forum.mentalhealthlaw.co.uk/t/s3-assessment-if-a-cto-recall-lapses/5375)
**Author:** [@B.G](https://forum.mentalhealthlaw.co.uk/u/B.G)\ **Replies:** 9\ **Last updated:** [1 April 2026 17:33 UTC](https://forum.mentalhealthlaw.co.uk/t/s3-assessment-if-a-cto-recall-lapses/5375 "2026-04-01T17:33:33Z")
Hi All, My understanding from para 29.61 of MHA code of practice and Jones’ notes on s17F (6) is that back to back CTO recalls are not lawful i.e a new CTO recall used to keep a patient in hospital if the 72 hours of t… --- ## [Training and learning areas for primary care](https://forum.mentalhealthlaw.co.uk/t/training-and-learning-areas-for-primary-care/5409)
**Author:** [@MentalHealthNurse](https://forum.mentalhealthlaw.co.uk/u/MentalHealthNurse)\ **Replies:** 3\ **Last updated:** [1 April 2026 16:09 UTC](https://forum.mentalhealthlaw.co.uk/t/training-and-learning-areas-for-primary-care/5409 "2026-04-01T16:09:02Z")
Forum members - I am organising a teaching session around mental health act and mental health law to take place in a monthly interface meeting I hold in my primary care network (London based), attended by GPs and other p… --- ## [S117 aftercare - scope and provision of childcare costs?](https://forum.mentalhealthlaw.co.uk/t/s117-aftercare-scope-and-provision-of-childcare-costs/5397)
**Author:** [@anonymous89](https://forum.mentalhealthlaw.co.uk/u/anonymous89)\ **Replies:** 12\ **Last updated:** [1 April 2026 08:49 UTC](https://forum.mentalhealthlaw.co.uk/t/s117-aftercare-scope-and-provision-of-childcare-costs/5397 "2026-04-01T08:49:07Z")
Mother of young children is eligible for s117 aftercare. We are trying to argue that provision of nursery fees could be funded by s117. Note guidance says to take a “broad” approach. Getting push back that this is not re… --- ## [S.117 and property damage](https://forum.mentalhealthlaw.co.uk/t/s-117-and-property-damage/5112)
**Author:** [@mhuseyin123](https://forum.mentalhealthlaw.co.uk/u/mhuseyin123)\ **Replies:** 5\ **Last updated:** [28 March 2026 11:52 UTC](https://forum.mentalhealthlaw.co.uk/t/s-117-and-property-damage/5112 "2026-03-28T11:52:44Z")
Hi We have had a tenant under a S.117 continuing care cause around £50,000 of property damage however the commissioners are stating that they will not pay for these damages as they are not responsible. They have told u… --- ## [Treatment not available after s37/41 imposed](https://forum.mentalhealthlaw.co.uk/t/treatment-not-available-after-s37-41-imposed/4903)
**Author:** [@Basil](https://forum.mentalhealthlaw.co.uk/u/Basil)\ **Replies:** 4\ **Last updated:** [28 March 2026 11:51 UTC](https://forum.mentalhealthlaw.co.uk/t/treatment-not-available-after-s37-41-imposed/4903 "2026-03-28T11:51:38Z")
Where a Section 37.41 is imposed and the care and treatment required is not available within that secure settings does the Responsible Clinician have a duty to inform the moj --- ## [Renewal of S3 detention completed 6 days before the statutory two month period set out in S20](https://forum.mentalhealthlaw.co.uk/t/renewal-of-s3-detention-completed-6-days-before-the-statutory-two-month-period-set-out-in-s20/5229)
**Author:** [@Wendy1](https://forum.mentalhealthlaw.co.uk/u/Wendy1)\ **Replies:** 8\ **Last updated:** [28 March 2026 10:54 UTC](https://forum.mentalhealthlaw.co.uk/t/renewal-of-s3-detention-completed-6-days-before-the-statutory-two-month-period-set-out-in-s20/5229 "2026-03-28T10:54:31Z")
RC completed H5 Renewal form 6 days early, ie 6 days before the statutory two month period set out in S20, and therefore not within the two month period. A Hospital Managers Hearing subsequently took place with the HM n… --- ## [Expedited Parole Board Review - s47/49 patients](https://forum.mentalhealthlaw.co.uk/t/expedited-parole-board-review-s47-49-patients/5372)
**Author:** [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\ **Replies:** 3\ **Last updated:** [24 March 2026 17:09 UTC](https://forum.mentalhealthlaw.co.uk/t/expedited-parole-board-review-s47-49-patients/5372 "2026-03-24T17:09:16Z")
Afternoon, I have a recollection of there being an expedited process for the Parole Board reviewing cases for s47/49 patient’s whose discharge pathway is via hospital. Is anyone able to point me in the right direction … --- ## [Emperor's new clothes -- race and detention](https://forum.mentalhealthlaw.co.uk/t/emperors-new-clothes-race-and-detention/5364)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 6\ **Last updated:** [24 March 2026 09:54 UTC](https://forum.mentalhealthlaw.co.uk/t/emperors-new-clothes-race-and-detention/5364 "2026-03-24T09:54:20Z")
Back in 2022 I saw a presentation by the Department of Health and Social Care about the Draft Mental Health Bill 2022. The first main slide said: All ethnic groups have higher rates of detention per 100,000 population … --- ## [Multiple LPA's in place (4 in total - 2 for P&A and 2 for H&W) - What do you do?](https://forum.mentalhealthlaw.co.uk/t/multiple-lpas-in-place-4-in-total-2-for-p-a-and-2-for-h-w-what-do-you-do/2716)
**Author:** [@JamesCodling](https://forum.mentalhealthlaw.co.uk/u/JamesCodling)\ **Replies:** 14\ **Last updated:** [23 March 2026 07:09 UTC](https://forum.mentalhealthlaw.co.uk/t/multiple-lpas-in-place-4-in-total-2-for-p-a-and-2-for-h-w-what-do-you-do/2716 "2026-03-23T07:09:12Z")
Really looking for any practical advice in a situation where: P now lacks the capacity to make decisions Re property and financial affairs and for most health and care decisions, LA has found out that P, when they had … --- ## [They put me on a T3 but can I go back on a T2?](https://forum.mentalhealthlaw.co.uk/t/they-put-me-on-a-t3-but-can-i-go-back-on-a-t2/5357)
**Author:** [@jah](https://forum.mentalhealthlaw.co.uk/u/jah)\ **Replies:** 0\ **Last updated:** [20 March 2026 22:05 UTC](https://forum.mentalhealthlaw.co.uk/t/they-put-me-on-a-t3-but-can-i-go-back-on-a-t2/5357 "2026-03-20T22:05:43Z")
Hi there I’m currently on a 37/41 and I’ve been on it since 2020 but I’ve been in hospital for mental health issues but since I have been in they put me on a T3 but I was on a T2 and I have the compassion to concent to t… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=1) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=3)