# Law and practice **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=22 [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:** 23 --- ## [Appeal panel's decision not to withdraw](https://forum.mentalhealthlaw.co.uk/t/appeal-panels-decision-not-to-withdraw/1993)
**Author:** [@NickyGatland](https://forum.mentalhealthlaw.co.uk/u/NickyGatland)\ **Replies:** 4\ **Last updated:** [11 November 2023 22:12 UTC](https://forum.mentalhealthlaw.co.uk/t/appeal-panels-decision-not-to-withdraw/1993 "2023-11-11T22:12:33Z")
I did a case yesterday where the panel refused to consent to a withdrawal. Clients circumstances changed on the day of the hearing. Supported accommodation assessed and accepted them at 11:30 and hearing was due to star… --- ## [Section 2 tribunal delay](https://forum.mentalhealthlaw.co.uk/t/section-2-tribunal-delay/1998)
**Author:** [@anonymous26](https://forum.mentalhealthlaw.co.uk/u/anonymous26)\ **Replies:** 5\ **Last updated:** [9 November 2023 23:11 UTC](https://forum.mentalhealthlaw.co.uk/t/section-2-tribunal-delay/1998 "2023-11-09T23:11:04Z")
Hi, I have a case where a patient had a section 2 hearing listed over a week ago and it had to be adjourned on the day as there wasn’t a full panel. We are still waiting for a date for the new hearing but the section 2 i… --- ## [Which forms for s37 Transfer & Renewal?](https://forum.mentalhealthlaw.co.uk/t/which-forms-for-s37-transfer-renewal/1997)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 2\ **Last updated:** [6 November 2023 09:46 UTC](https://forum.mentalhealthlaw.co.uk/t/which-forms-for-s37-transfer-renewal/1997 "2023-11-06T09:46:13Z")
Hi Could anyone let me know what forms should be used when transferring a patient from one hospital to another and also to renew on a S37. Thanks in advance --- ## [S2 detained patient now AWOL](https://forum.mentalhealthlaw.co.uk/t/s2-detained-patient-now-awol/1980)
**Author:** [@AbbeyWeston](https://forum.mentalhealthlaw.co.uk/u/AbbeyWeston)\ **Replies:** 7\ **Last updated:** [3 November 2023 09:01 UTC](https://forum.mentalhealthlaw.co.uk/t/s2-detained-patient-now-awol/1980 "2023-11-03T09:01:35Z")
A patient who is detained under S2 has gone AWOL with the S2 expiring in a few days. Please could I have advice on any procedures I, as an MHAA would have to carry out if they do not return before the S2 --- ## [Injunction on hearsay for CTO person -to be heard Monday](https://forum.mentalhealthlaw.co.uk/t/injunction-on-hearsay-for-cto-person-to-be-heard-monday/1989)
**Author:** [@112233](https://forum.mentalhealthlaw.co.uk/u/112233)\ **Replies:** 2\ **Last updated:** [2 November 2023 18:48 UTC](https://forum.mentalhealthlaw.co.uk/t/injunction-on-hearsay-for-cto-person-to-be-heard-monday/1989 "2023-11-02T18:48:22Z")
CTO patient has been called to court for an injunction by the local authority housing department (County Court) with hearsay evidence of a serious nature ie alleged attack with knife as well as anti social issues alleged… --- ## [Section 37/41 data specifically regarding tribunal outcomes](https://forum.mentalhealthlaw.co.uk/t/section-37-41-data-specifically-regarding-tribunal-outcomes/1982)
**Author:** [@AnthonyP](https://forum.mentalhealthlaw.co.uk/u/AnthonyP)\ **Replies:** 4\ **Last updated:** [31 October 2023 23:01 UTC](https://forum.mentalhealthlaw.co.uk/t/section-37-41-data-specifically-regarding-tribunal-outcomes/1982 "2023-10-31T23:01:04Z")
Firstly apologies if this isn’t an apt forum to ask something like this. I’m looking for data regarding the outcomes of Mental Health Tribunals relating to s37/41 orders. Number of people held under the section (eithe… --- ## [Request from patient's solicitor for Tribunal](https://forum.mentalhealthlaw.co.uk/t/request-from-patients-solicitor-for-tribunal/1975)
**Author:** [@Maverick](https://forum.mentalhealthlaw.co.uk/u/Maverick)\ **Replies:** 6\ **Last updated:** [31 October 2023 08:52 UTC](https://forum.mentalhealthlaw.co.uk/t/request-from-patients-solicitor-for-tribunal/1975 "2023-10-31T08:52:47Z")
Hi, We have patient in secure service under section 37 ( notional). The solicitor representing patient in upcoming FTT has asked for reports like HCR-20,risk assessments and psychology reports for preparation for Tribu… --- ## [CTO Information Leaflets in Tigrinya](https://forum.mentalhealthlaw.co.uk/t/cto-information-leaflets-in-tigrinya/1687)
**Author:** [@helenlink](https://forum.mentalhealthlaw.co.uk/u/helenlink)\ **Replies:** 3\ **Last updated:** [26 October 2023 12:43 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-information-leaflets-in-tigrinya/1687 "2023-10-26T12:43:27Z")
I am hoping someone out there may have the CTO Patient information leaflet translated into Tigrinya that they would be willing to share. Many thanks Helen Link --- ## [Care home for brother](https://forum.mentalhealthlaw.co.uk/t/care-home-for-brother/1963)
**Author:** [@metallic](https://forum.mentalhealthlaw.co.uk/u/metallic)\ **Replies:** 3\ **Last updated:** [26 October 2023 10:02 UTC](https://forum.mentalhealthlaw.co.uk/t/care-home-for-brother/1963 "2023-10-26T10:02:07Z")
Apologies for the long message, I really hope somebody may be able to help advise me from their previous experience. My brother is in his late 20’s at the moment, he suffers from slight learning difficulties and mental … --- ## [S117 question - NOT linked to Worcestershire!](https://forum.mentalhealthlaw.co.uk/t/s117-question-not-linked-to-worcestershire/1961)
**Author:** [@SteveC](https://forum.mentalhealthlaw.co.uk/u/SteveC)\ **Replies:** 5\ **Last updated:** [26 October 2023 01:17 UTC](https://forum.mentalhealthlaw.co.uk/t/s117-question-not-linked-to-worcestershire/1961 "2023-10-26T01:17:31Z")
This is a s117 MHA Part III question. A person is ordinarily resident in Area A, and is convicted of a crime for which they receive a custodial sentence. The person is initially imprisoned in Area B, then transferred t… --- ## [Care Act and Section 117](https://forum.mentalhealthlaw.co.uk/t/care-act-and-section-117/1965)
**Author:** [@NewSocialWorker1](https://forum.mentalhealthlaw.co.uk/u/NewSocialWorker1)\ **Replies:** 2\ **Last updated:** [25 October 2023 20:55 UTC](https://forum.mentalhealthlaw.co.uk/t/care-act-and-section-117/1965 "2023-10-25T20:55:34Z")
Dear all I was wondering if you could kindly help with this. P was OR in area X. Previously detained under qualifying section, so subject to s117. P moved from area X to area Y by own volition. P was discharged by the … --- ## [Litigation friend removal](https://forum.mentalhealthlaw.co.uk/t/litigation-friend-removal/1870)
**Author:** [@Daw](https://forum.mentalhealthlaw.co.uk/u/Daw)\ **Replies:** 1\ **Last updated:** [25 October 2023 11:16 UTC](https://forum.mentalhealthlaw.co.uk/t/litigation-friend-removal/1870 "2023-10-25T11:16:04Z")
My sibling was involved in a RTA in 2018 and acquired a brain injury from bruising of the brain resulting in some memory lapses and some mental health issues such as anxiety. A year into proceedings he decided to change … --- ## [S17 leave for s37/41 patient](https://forum.mentalhealthlaw.co.uk/t/s17-leave-for-s37-41-patient/1524)
**Author:** [@Porolli](https://forum.mentalhealthlaw.co.uk/u/Porolli)\ **Replies:** 14\ **Last updated:** [25 October 2023 03:06 UTC](https://forum.mentalhealthlaw.co.uk/t/s17-leave-for-s37-41-patient/1524 "2023-10-25T03:06:04Z")
I have a client who is seeking Conditional Discharge. They have an offer of place in supported accommodation but overnight leave has not yet been approved by the MoJ (although it is expected to be shortly). I am trying … --- ## [Restricted Patients Panel](https://forum.mentalhealthlaw.co.uk/t/restricted-patients-panel/1080)
**Author:** [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\ **Replies:** 1\ **Last updated:** [23 October 2023 21:54 UTC](https://forum.mentalhealthlaw.co.uk/t/restricted-patients-panel/1080 "2023-10-23T21:54:07Z")
Does the ‘Restricted Patient Panel’ still exist? Any sources on this? --- ## [H5 renewal - the route of furnishing the report](https://forum.mentalhealthlaw.co.uk/t/h5-renewal-the-route-of-furnishing-the-report/1922)
**Author:** [@MichelleMatt](https://forum.mentalhealthlaw.co.uk/u/MichelleMatt)\ **Replies:** 1\ **Last updated:** [23 October 2023 21:38 UTC](https://forum.mentalhealthlaw.co.uk/t/h5-renewal-the-route-of-furnishing-the-report/1922 "2023-10-23T21:38:37Z")
I have a H5 renewal where in part 3 the options deleted show that the RC furnished the report using the managers internal mail system but part 4 is ‘received by me on behalf of the hospital managers’. Does it make a diff… --- ## [Common Law powers of detention?](https://forum.mentalhealthlaw.co.uk/t/common-law-powers-of-detention/1957)
**Author:** [@ZacSussex](https://forum.mentalhealthlaw.co.uk/u/ZacSussex)\ **Replies:** 6\ **Last updated:** [19 October 2023 16:41 UTC](https://forum.mentalhealthlaw.co.uk/t/common-law-powers-of-detention/1957 "2023-10-19T16:41:20Z")
Just browsed the recent judgment in Clark v Chief Constable of Merseyside Police \[2023\] EWHC 2565 (KB) and was a bit confused. It references “common law powers” for detaining people without specific lawful authority. I… --- ## [Can a Section 37 and 48/49 run concurrently?](https://forum.mentalhealthlaw.co.uk/t/can-a-section-37-and-48-49-run-concurrently/1955)
**Author:** [@Saralou50](https://forum.mentalhealthlaw.co.uk/u/Saralou50)\ **Replies:** 2\ **Last updated:** [18 October 2023 14:04 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-section-37-and-48-49-run-concurrently/1955 "2023-10-18T14:04:31Z")
We have a patient who was subject to S37 out of area and subsequently placed on remand on transferred to us under S48/49 for a separate offence. What happens to the S37 - does this automatically end or will it run concu… --- ## [Early release from Section 45A order](https://forum.mentalhealthlaw.co.uk/t/early-release-from-section-45a-order/1950)
**Author:** [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\ **Replies:** 3\ **Last updated:** [17 October 2023 15:17 UTC](https://forum.mentalhealthlaw.co.uk/t/early-release-from-section-45a-order/1950 "2023-10-17T15:17:22Z")
Does anyone know if an offender sentenced to a Section 45a order after a homicide is eligible for early release on completion of half his tariff? Are there any sources/guidelines on this? --- ## [Inadequate tribunal rooms](https://forum.mentalhealthlaw.co.uk/t/inadequate-tribunal-rooms/1945)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 1\ **Last updated:** [17 October 2023 12:46 UTC](https://forum.mentalhealthlaw.co.uk/t/inadequate-tribunal-rooms/1945 "2023-10-17T12:46:05Z")
I have a feeling that there was a dedicated email to complain about this. Does anyone know? --- ## [Conference on Suicide in Children and Young People at the Royal Society of Medicine on the 30th November 2023](https://forum.mentalhealthlaw.co.uk/t/conference-on-suicide-in-children-and-young-people-at-the-royal-society-of-medicine-on-the-30th-november-2023/1951)
**Author:** [@AlexRK](https://forum.mentalhealthlaw.co.uk/u/AlexRK)\ **Replies:** 0\ **Last updated:** [17 October 2023 11:46 UTC](https://forum.mentalhealthlaw.co.uk/t/conference-on-suicide-in-children-and-young-people-at-the-royal-society-of-medicine-on-the-30th-november-2023/1951 "2023-10-17T11:46:28Z")
This conference at the RSM on 30 November may well be of interest. The agenda covers school and university-aged youth and discusses the latest results from the National Confidential Enquiry, prevention, post-vention, imp… --- ## [Travel from Alternative Arrangements under the new contract](https://forum.mentalhealthlaw.co.uk/t/travel-from-alternative-arrangements-under-the-new-contract/1942)
**Author:** [@Lucy](https://forum.mentalhealthlaw.co.uk/u/Lucy)\ **Replies:** 3\ **Last updated:** [16 October 2023 13:15 UTC](https://forum.mentalhealthlaw.co.uk/t/travel-from-alternative-arrangements-under-the-new-contract/1942 "2023-10-16T13:15:09Z")
I am interested in peoples views about the change in the new contract, which means if you have a procurement area, with an “alternative arrangement”, all travel to the hospital, must be charged from that alternative arra… --- ## [Second professional for detention renewal (Form H5)](https://forum.mentalhealthlaw.co.uk/t/second-professional-for-detention-renewal-form-h5/1939)
**Author:** [@chrissi](https://forum.mentalhealthlaw.co.uk/u/chrissi)\ **Replies:** 3\ **Last updated:** [13 October 2023 13:45 UTC](https://forum.mentalhealthlaw.co.uk/t/second-professional-for-detention-renewal-form-h5/1939 "2023-10-13T13:45:19Z")
We are having a discussion regrading second professional and who the RC consults with and wondered if anyone has come across General Nurses acting as second professional in a medium secure hospital. --- ## [CTO & s117 responsibility](https://forum.mentalhealthlaw.co.uk/t/cto-s117-responsibility/1871)
**Author:** [@Ngema](https://forum.mentalhealthlaw.co.uk/u/Ngema)\ **Replies:** 15\ **Last updated:** [12 October 2023 21:15 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-s117-responsibility/1871 "2023-10-12T21:15:39Z")
Dear colleagues, With the new rulling information, what is the guidance regarding CTO. P is placed in a 24hr care provision in borough B by borough A on a CTO: within the first 6 months he relapses, recalled to hospit… --- ## [Nearest relative's right to information about patient](https://forum.mentalhealthlaw.co.uk/t/nearest-relatives-right-to-information-about-patient/1935)
**Author:** [@Beatrice](https://forum.mentalhealthlaw.co.uk/u/Beatrice)\ **Replies:** 4\ **Last updated:** [12 October 2023 11:49 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relatives-right-to-information-about-patient/1935 "2023-10-12T11:49:17Z")
I have a question maybe its a silly one :). A patient on Sec 2 was put on Section 3. Nearest relative(mom) did not object as it was felt treatment would be beneficial. Now patient has informed staff they do not want a… --- ## [Evidence of mental disorder required for s2 detention](https://forum.mentalhealthlaw.co.uk/t/evidence-of-mental-disorder-required-for-s2-detention/1321)
**Author:** [@Andrew](https://forum.mentalhealthlaw.co.uk/u/Andrew)\ **Replies:** 11\ **Last updated:** [11 October 2023 21:44 UTC](https://forum.mentalhealthlaw.co.uk/t/evidence-of-mental-disorder-required-for-s2-detention/1321 "2023-10-11T21:44:41Z")
Section 2 requires the presence of a mental disorder from which risk arises ( code of practice 14.4, 14.75 2.6). In my case the recommendation report documents that no mental disorder was found, but detention based on a … --- ## [CTO Paper Reviews - billing](https://forum.mentalhealthlaw.co.uk/t/cto-paper-reviews-billing/1930)
**Author:** [@Lmcadams13954](https://forum.mentalhealthlaw.co.uk/u/Lmcadams13954)\ **Replies:** 2\ **Last updated:** [11 October 2023 15:17 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-paper-reviews-billing/1930 "2023-10-11T15:17:43Z")
This may be a silly question with an obvious answer but I just cannot appear to find what I am looking for. If a CTO client opts for a paper review, is the file billed as a level 1 and 2 file due to no attendance at a h… --- ## [Disclosure of medical records/progress notes](https://forum.mentalhealthlaw.co.uk/t/disclosure-of-medical-records-progress-notes/1913)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 17\ **Last updated:** [11 October 2023 12:48 UTC](https://forum.mentalhealthlaw.co.uk/t/disclosure-of-medical-records-progress-notes/1913 "2023-10-11T12:48:58Z")
Information Governance for our local Trust have decided to stop complying with the Direction for Remote access (Mental Health Tribunal, ‘Direction for disclosure of medical records to legal representatives and to Medical… --- ## [Old Forms](https://forum.mentalhealthlaw.co.uk/t/old-forms/1927)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 3\ **Last updated:** [11 October 2023 12:40 UTC](https://forum.mentalhealthlaw.co.uk/t/old-forms/1927 "2023-10-11T12:40:54Z")
If an old version of an A8 & A6 is used, completed on the 11/12/2020, new forms should be used as from 01/12/2020, are the papers still valid. Thanks --- ## [Which of the three local authorities is responsible for this s3 assessment?](https://forum.mentalhealthlaw.co.uk/t/which-of-the-three-local-authorities-is-responsible-for-this-s3-assessment/1892)
**Author:** [@alikelly](https://forum.mentalhealthlaw.co.uk/u/alikelly)\ **Replies:** 4\ **Last updated:** [11 October 2023 10:19 UTC](https://forum.mentalhealthlaw.co.uk/t/which-of-the-three-local-authorities-is-responsible-for-this-s3-assessment/1892 "2023-10-11T10:19:24Z")
Continuing the discussion from Who is responsible for out-of-area MHA assessment?: Sorry can I just ask another question for this post, appreciate it was a while ago. P is living in Local Authority A, admitted to A&E i… --- ## [New CW1 Interpretation](https://forum.mentalhealthlaw.co.uk/t/new-cw1-interpretation/1905)
**Author:** [@RoniJ](https://forum.mentalhealthlaw.co.uk/u/RoniJ)\ **Replies:** 1\ **Last updated:** [9 October 2023 22:07 UTC](https://forum.mentalhealthlaw.co.uk/t/new-cw1-interpretation/1905 "2023-10-09T22:07:02Z")
On the new CW1 form, page 11, there are separate boxes for the type of matter you are opening - either means tested or non means tested. I wonder about 3rd box cases - (non means tested non MHT). If you sign up your cl… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=21) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=23)