# Law and practice **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=24 [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:** 25 --- ## [AMHP decision not to assess](https://forum.mentalhealthlaw.co.uk/t/amhp-decision-not-to-assess/1686)
**Author:** [@Tony2457](https://forum.mentalhealthlaw.co.uk/u/Tony2457)\ **Replies:** 6\ **Last updated:** [3 August 2023 13:54 UTC](https://forum.mentalhealthlaw.co.uk/t/amhp-decision-not-to-assess/1686 "2023-08-03T13:54:49Z")
If an AMHP screens out a MHA request, can a psychiatrist request an other MHA from an other AMHP --- ## [Can nearest relative choose the treating hospital for someone detained under MHA](https://forum.mentalhealthlaw.co.uk/t/can-nearest-relative-choose-the-treating-hospital-for-someone-detained-under-mha/1769)
**Author:** [@MentalHealthNurse](https://forum.mentalhealthlaw.co.uk/u/MentalHealthNurse)\ **Replies:** 3\ **Last updated:** [3 August 2023 13:01 UTC](https://forum.mentalhealthlaw.co.uk/t/can-nearest-relative-choose-the-treating-hospital-for-someone-detained-under-mha/1769 "2023-08-03T13:01:08Z")
A client’s NR has enquired whether their child can be treated in an NHS hospital under a different trust and locality to the client’s. My understanding is that the NHS constitution does not give people detained under th… --- ## [Independent personality disorder consultant](https://forum.mentalhealthlaw.co.uk/t/independent-personality-disorder-consultant/1775)
**Author:** [@wendy2](https://forum.mentalhealthlaw.co.uk/u/wendy2)\ **Replies:** 2\ **Last updated:** [1 August 2023 16:40 UTC](https://forum.mentalhealthlaw.co.uk/t/independent-personality-disorder-consultant/1775 "2023-08-01T16:40:29Z")
Hi All, can anyone recommend a consultant psychiatrist who specialises in PD who would prepare a report for a MHRT in the Essex area? Many thanks --- ## [Local authority failings](https://forum.mentalhealthlaw.co.uk/t/local-authority-failings/1774)
**Author:** [@Nicadh](https://forum.mentalhealthlaw.co.uk/u/Nicadh)\ **Replies:** 0\ **Last updated:** [1 August 2023 12:13 UTC](https://forum.mentalhealthlaw.co.uk/t/local-authority-failings/1774 "2023-08-01T12:13:26Z")
My child is now aged 17 with complex needs. 16 months ago after over 2 years in hospital it was decided they should be discharged with a 24/7 carer s117 aftercare package. They have an EHCP in place for education. Our L… --- ## [Representatives and seeking discretionary tribunal references](https://forum.mentalhealthlaw.co.uk/t/representatives-and-seeking-discretionary-tribunal-references/1293)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 5\ **Last updated:** [27 July 2023 22:21 UTC](https://forum.mentalhealthlaw.co.uk/t/representatives-and-seeking-discretionary-tribunal-references/1293 "2023-07-27T22:21:30Z")
Law Society, ‘Practice note: Representation before mental health tribunals’ (31/8/22) states (emphasis added): If you form the view that your client does not have capacity to make an application, but it is clear that t… --- ## [Conditional or Deferred conditional discharge](https://forum.mentalhealthlaw.co.uk/t/conditional-or-deferred-conditional-discharge/1754)
**Author:** [@anonymous25](https://forum.mentalhealthlaw.co.uk/u/anonymous25)\ **Replies:** 5\ **Last updated:** [26 July 2023 16:22 UTC](https://forum.mentalhealthlaw.co.uk/t/conditional-or-deferred-conditional-discharge/1754 "2023-07-26T16:22:00Z")
If a hospital would support a conditional discharge but there is no supported accommodation identified yet, can the tribunal grant a deferred conditional discharge or would they need to adjourn for further information as… --- ## [CTO and patient NFA](https://forum.mentalhealthlaw.co.uk/t/cto-and-patient-nfa/1758)
**Author:** [@Saralou50](https://forum.mentalhealthlaw.co.uk/u/Saralou50)\ **Replies:** 9\ **Last updated:** [25 July 2023 20:26 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-and-patient-nfa/1758 "2023-07-25T20:26:24Z")
Is it possible to discharge someone onto a CTO who is no fixed abode? --- ## [Error in FTT refusal of permission](https://forum.mentalhealthlaw.co.uk/t/error-in-ftt-refusal-of-permission/1739)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 5\ **Last updated:** [22 July 2023 12:53 UTC](https://forum.mentalhealthlaw.co.uk/t/error-in-ftt-refusal-of-permission/1739 "2023-07-22T12:53:54Z")
I appealed against a FTT decision as I felt that the tribunal had wrongly assessed the risk of P of O on the grounds that P of O would be engaged if the patient accidentally came across the victim. This was linked to my… --- ## [Renewal of CTO](https://forum.mentalhealthlaw.co.uk/t/renewal-of-cto/1726)
**Author:** [@Patsy](https://forum.mentalhealthlaw.co.uk/u/Patsy)\ **Replies:** 3\ **Last updated:** [20 July 2023 10:25 UTC](https://forum.mentalhealthlaw.co.uk/t/renewal-of-cto/1726 "2023-07-20T10:25:01Z")
A Manager’s hearing was arranged to consider the renewal of the CTO on 12 th July . The CTO had been renewed In February . The hearing did not take place until as stated above. At this time a new CTO7 dated 3rd July had… --- ## [Section 47 reference and renewal](https://forum.mentalhealthlaw.co.uk/t/section-47-reference-and-renewal/1733)
**Author:** [@GuyDavis](https://forum.mentalhealthlaw.co.uk/u/GuyDavis)\ **Replies:** 3\ **Last updated:** [19 July 2023 10:06 UTC](https://forum.mentalhealthlaw.co.uk/t/section-47-reference-and-renewal/1733 "2023-07-19T10:06:48Z")
Someone posted a couple of questions about s.47 but they seem to have disappeared, but to answer: The Hospital Managers must refer after 3 years as per section 68 (see Schedule 1, Part 1, Para 10). First renewal must o… --- ## [Copies of section papers on transfer](https://forum.mentalhealthlaw.co.uk/t/copies-of-section-papers-on-transfer/1736)
**Author:** [@Abbey](https://forum.mentalhealthlaw.co.uk/u/Abbey)\ **Replies:** 1\ **Last updated:** [19 July 2023 16:43 UTC](https://forum.mentalhealthlaw.co.uk/t/copies-of-section-papers-on-transfer/1736 "2023-07-19T16:43:10Z")
Apologies if this has been asked before. Now that everything is moving in the electronic direction, could you please advise on the below. A S2 patient is detained in Brighton and recalled to the other end of the Countr… --- ## [Application of Article 8 to withdrawal of complex needs service to individual](https://forum.mentalhealthlaw.co.uk/t/application-of-article-8-to-withdrawal-of-complex-needs-service-to-individual/726)
**Author:** [@C.wall](https://forum.mentalhealthlaw.co.uk/u/C.wall)\ **Replies:** 3\ **Last updated:** [17 July 2023 22:09 UTC](https://forum.mentalhealthlaw.co.uk/t/application-of-article-8-to-withdrawal-of-complex-needs-service-to-individual/726 "2023-07-17T22:09:33Z")
A complex needs supported living provider has issued 28 days notice based on relationship with "P"s family - not P themselves. I seem to remember a case, several years ago where this had happened in a residential care s… --- ## [S2 application person detained to home address](https://forum.mentalhealthlaw.co.uk/t/s2-application-person-detained-to-home-address/1712)
**Author:** [@BradfordL](https://forum.mentalhealthlaw.co.uk/u/BradfordL)\ **Replies:** 8\ **Last updated:** [16 July 2023 20:54 UTC](https://forum.mentalhealthlaw.co.uk/t/s2-application-person-detained-to-home-address/1712 "2023-07-16T20:54:28Z")
Hi, I had a client who was detained under s2 MHA to their house because there were no beds available. AMHP etc were supposed to return but no contact made by mh services over weekend. Individual was then contacted by ph… --- ## [Two restriction orders](https://forum.mentalhealthlaw.co.uk/t/two-restriction-orders/1328)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 7\ **Last updated:** [15 July 2023 18:59 UTC](https://forum.mentalhealthlaw.co.uk/t/two-restriction-orders/1328 "2023-07-15T18:59:25Z")
My client was recalled from a conditional discharge and placed on a second restriction order 6 months later. The MoJ declined to discharge one of the orders on the basis that they wanted the seriousness of his offending … --- ## [Deputy report for property and financial decisions (section 2 of form OPG102)](https://forum.mentalhealthlaw.co.uk/t/deputy-report-for-property-and-financial-decisions-section-2-of-form-opg102/1367)
**Author:** [@JamesCodling](https://forum.mentalhealthlaw.co.uk/u/JamesCodling)\ **Replies:** 1\ **Last updated:** [15 July 2023 11:35 UTC](https://forum.mentalhealthlaw.co.uk/t/deputy-report-for-property-and-financial-decisions-section-2-of-form-opg102/1367 "2023-07-15T11:35:43Z")
Goodmorning All, I have been speaking to my local authority Deputy Team for Property and Financial decisions, and they asked a question about the OPG102 - Deputy report form - Property and financial decisions (publishing… --- ## [Displacement of NR course](https://forum.mentalhealthlaw.co.uk/t/displacement-of-nr-course/1673)
**Author:** [@Cheryl](https://forum.mentalhealthlaw.co.uk/u/Cheryl)\ **Replies:** 1\ **Last updated:** [14 July 2023 21:25 UTC](https://forum.mentalhealthlaw.co.uk/t/displacement-of-nr-course/1673 "2023-07-14T21:25:50Z")
Is anyone aware of any courses regarding the displacement of NR? --- ## [Wrong section on renewal papers](https://forum.mentalhealthlaw.co.uk/t/wrong-section-on-renewal-papers/1699)
**Author:** [@Cheryl](https://forum.mentalhealthlaw.co.uk/u/Cheryl)\ **Replies:** 8\ **Last updated:** [14 July 2023 13:01 UTC](https://forum.mentalhealthlaw.co.uk/t/wrong-section-on-renewal-papers/1699 "2023-07-14T13:01:04Z")
Client is on a S37 since 2015. In the form H5, dated August 2022, the RC has stated that they are renewing the S3. The hospitals view is that this is merely a typo and is of no consequence. Our view is that this is a fu… --- ## [Impact of failure to adhere to MCA requirements in relation to end-of-life treatment and detention](https://forum.mentalhealthlaw.co.uk/t/impact-of-failure-to-adhere-to-mca-requirements-in-relation-to-end-of-life-treatment-and-detention/1696)
**Author:** [@Rogerz](https://forum.mentalhealthlaw.co.uk/u/Rogerz)\ **Replies:** 3\ **Last updated:** [10 July 2023 22:07 UTC](https://forum.mentalhealthlaw.co.uk/t/impact-of-failure-to-adhere-to-mca-requirements-in-relation-to-end-of-life-treatment-and-detention/1696 "2023-07-10T22:07:03Z")
A vulnerable, elderly, patient, found to lack mental capacity, was subjected to multiple life-limiting decisions. Restrictions in care and treatment were imposed, and a palliative/passive/end of life approach was taken. … --- ## [Tribunal appeal out of time](https://forum.mentalhealthlaw.co.uk/t/tribunal-appeal-out-of-time/1705)
**Author:** [@anonymous24](https://forum.mentalhealthlaw.co.uk/u/anonymous24)\ **Replies:** 3\ **Last updated:** [10 July 2023 21:28 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-appeal-out-of-time/1705 "2023-07-10T21:28:20Z")
Due to an administrative oversight we sent in a tribunal application late. The client is subject to a restriction order dated 16/1 and he instructed us to apply on 14/1. Although the application is dated 14/1/23 it was n… --- ## [S135(1) or s135(2) warrant](https://forum.mentalhealthlaw.co.uk/t/s135-1-or-s135-2-warrant/1708)
**Author:** [@Anthony11](https://forum.mentalhealthlaw.co.uk/u/Anthony11)\ **Replies:** 2\ **Last updated:** [10 July 2023 05:38 UTC](https://forum.mentalhealthlaw.co.uk/t/s135-1-or-s135-2-warrant/1708 "2023-07-10T05:38:48Z")
Mental Health Act assessment completed but no bed available at the time of the assessment. Bed becomes available a day or two later and an application for s2 or 3 is completed by the AMHP who did the assessment. Patien… --- ## [Section 46 patient](https://forum.mentalhealthlaw.co.uk/t/section-46-patient/1701)
**Author:** [@Ali](https://forum.mentalhealthlaw.co.uk/u/Ali)\ **Replies:** 7\ **Last updated:** [6 July 2023 20:18 UTC](https://forum.mentalhealthlaw.co.uk/t/section-46-patient/1701 "2023-07-06T20:18:23Z")
Can anyone tell me how to appeal or gain access to Section 46 information? Section 46 is believed to be from the Home Secretary. Mental Health Act 1983 --- ## [Absconder from s136 - does the clock stop?!](https://forum.mentalhealthlaw.co.uk/t/absconder-from-s136-does-the-clock-stop/1700)
**Author:** [@MentalHealthCop](https://forum.mentalhealthlaw.co.uk/u/MentalHealthCop)\ **Replies:** 3\ **Last updated:** [5 July 2023 18:28 UTC](https://forum.mentalhealthlaw.co.uk/t/absconder-from-s136-does-the-clock-stop/1700 "2023-07-05T18:28:07Z")
Question about someone who absconds from detention under s136 MHA (or s135(1) MHA, for that matter) whilst at a Place of Safety. If someone is retaken within the 24hrs permitted period of detention, did the clock stop w… --- ## [Court of Protection and surgery for s3 patient](https://forum.mentalhealthlaw.co.uk/t/court-of-protection-and-surgery-for-s3-patient/1620)
**Author:** [@Paul1](https://forum.mentalhealthlaw.co.uk/u/Paul1)\ **Replies:** 8\ **Last updated:** [21 June 2023 09:15 UTC](https://forum.mentalhealthlaw.co.uk/t/court-of-protection-and-surgery-for-s3-patient/1620 "2023-06-21T09:15:08Z")
Hello. Can anyone please give me advice? I have a patient detained on Section 3 MHA. She is in desperate need of laser ablation for the treatment of a severe vascular ulcer. We thought under the MCA she could have the tr… --- ## [What is the procedure when the NR delegates role after making request to discharge has been Barred by the RC](https://forum.mentalhealthlaw.co.uk/t/what-is-the-procedure-when-the-nr-delegates-role-after-making-request-to-discharge-has-been-barred-by-the-rc/1653)
**Author:** [@RKM](https://forum.mentalhealthlaw.co.uk/u/RKM)\ **Replies:** 4\ **Last updated:** [21 June 2023 08:40 UTC](https://forum.mentalhealthlaw.co.uk/t/what-is-the-procedure-when-the-nr-delegates-role-after-making-request-to-discharge-has-been-barred-by-the-rc/1653 "2023-06-21T08:40:32Z")
I have a situation where the NR has used their powers to request that P is discharged. This has been Barred by the RC (who has now left) and there is a Managers Review shortly. In the meantime, the NR has formally deleg… --- ## [Councils cannot allow multiple care home contracts to run in tandem](https://forum.mentalhealthlaw.co.uk/t/councils-cannot-allow-multiple-care-home-contracts-to-run-in-tandem/1641)
**Author:** [@AJM](https://forum.mentalhealthlaw.co.uk/u/AJM)\ **Replies:** 8\ **Last updated:** [14 June 2023 10:43 UTC](https://forum.mentalhealthlaw.co.uk/t/councils-cannot-allow-multiple-care-home-contracts-to-run-in-tandem/1641 "2023-06-14T10:43:05Z")
Ever come across this problem? https://www.lgo.org.uk/information-centre/news/2022/sep/councils-cannot-allow-multiple-care-home-contracts-to-run-in-tandem --- ## [Patient’s name omitted on the Form A2- S15 rectifiable error?](https://forum.mentalhealthlaw.co.uk/t/patient-s-name-omitted-on-the-form-a2-s15-rectifiable-error/1645)
**Author:** [@MariaO](https://forum.mentalhealthlaw.co.uk/u/MariaO)\ **Replies:** 4\ **Last updated:** [13 June 2023 10:23 UTC](https://forum.mentalhealthlaw.co.uk/t/patient-s-name-omitted-on-the-form-a2-s15-rectifiable-error/1645 "2023-06-13T10:23:26Z")
Dear All, I am writing to seek your expert opinion regarding a specific scenario. In the given situation, the patient’s name has been omitted from the application for section 2. However, it is worth noting that the pati… --- ## [Attorney Security Bonds](https://forum.mentalhealthlaw.co.uk/t/attorney-security-bonds/1605)
**Author:** [@AJM](https://forum.mentalhealthlaw.co.uk/u/AJM)\ **Replies:** 5\ **Last updated:** [10 June 2023 21:31 UTC](https://forum.mentalhealthlaw.co.uk/t/attorney-security-bonds/1605 "2023-06-10T21:31:47Z")
I understand these are similar to Deputy Security Bonds which are insurance type policies to protect a person from mistakes made by either. Any information? --- ## [Mental Health Act Commission Biennial Reports](https://forum.mentalhealthlaw.co.uk/t/mental-health-act-commission-biennial-reports/1501)
**Author:** [@Chioma](https://forum.mentalhealthlaw.co.uk/u/Chioma)\ **Replies:** 10\ **Last updated:** [9 June 2023 05:58 UTC](https://forum.mentalhealthlaw.co.uk/t/mental-health-act-commission-biennial-reports/1501 "2023-06-09T05:58:39Z")
Hi everyone!:slightly\_smiling\_face: I was wondering if anyone had copies of the biennial reports of the Mental Health Act Commission. I am a research student and these reports would be super valuable for my research. Unf… --- ## [Urgent medical treatment for s3 patient, potentially involving restraint](https://forum.mentalhealthlaw.co.uk/t/urgent-medical-treatment-for-s3-patient-potentially-involving-restraint/1636)
**Author:** [@Paul1](https://forum.mentalhealthlaw.co.uk/u/Paul1)\ **Replies:** 7\ **Last updated:** [8 June 2023 16:40 UTC](https://forum.mentalhealthlaw.co.uk/t/urgent-medical-treatment-for-s3-patient-potentially-involving-restraint/1636 "2023-06-08T16:40:03Z")
Hello everyone. I need advice. We have a section 3 patient who is in desperate need of a procedure to heal a long vascular ulcer. We held best interest meeting as she does not have capacity. If she does not have this pro… --- ## [Can a doctor appeal a Mental Health Tribunal decision?](https://forum.mentalhealthlaw.co.uk/t/can-a-doctor-appeal-a-mental-health-tribunal-decision/1607)
**Author:** [@Doctorcuratola](https://forum.mentalhealthlaw.co.uk/u/Doctorcuratola)\ **Replies:** 3\ **Last updated:** [6 June 2023 12:57 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-doctor-appeal-a-mental-health-tribunal-decision/1607 "2023-06-06T12:57:03Z")
As far as I know the MHA Tribunal is a small court with a Judge, a doctor and a lay person. They listen to a case where two parties clashes, where one is imposing a MHA Section of compulsory detention and the other disag… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=23) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=25)