# Law and practice **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=25 [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:** 26 --- ## [What is the correct s47/49 section date?](https://forum.mentalhealthlaw.co.uk/t/what-is-the-correct-s47-49-section-date/1616)
**Author:** [@anonymous20](https://forum.mentalhealthlaw.co.uk/u/anonymous20)\ **Replies:** 2\ **Last updated:** [5 June 2023 14:47 UTC](https://forum.mentalhealthlaw.co.uk/t/what-is-the-correct-s47-49-section-date/1616 "2023-06-05T14:47:28Z")
If a transfer direction for a section 47/49 is dated for example 16th September 2020, but the patient was not admitted to hospital until a week later, does the section date begin on the date of the transfer direction or … --- ## [Least restrictive may be restrictive but more enabling of liberty](https://forum.mentalhealthlaw.co.uk/t/least-restrictive-may-be-restrictive-but-more-enabling-of-liberty/1600)
**Author:** [@Lorraine](https://forum.mentalhealthlaw.co.uk/u/Lorraine)\ **Replies:** 4\ **Last updated:** [5 June 2023 13:50 UTC](https://forum.mentalhealthlaw.co.uk/t/least-restrictive-may-be-restrictive-but-more-enabling-of-liberty/1600 "2023-06-05T13:50:02Z")
Does anyone have information on the least restrictive principle where ordinarily it would be viewed as restrictive but is not the case as it enables more liberty? If so where does this case law/legislation come from so… --- ## [Unsafe prescribing cases](https://forum.mentalhealthlaw.co.uk/t/unsafe-prescribing-cases/1610)
**Author:** [@Ashman](https://forum.mentalhealthlaw.co.uk/u/Ashman)\ **Replies:** 3\ **Last updated:** [3 June 2023 19:59 UTC](https://forum.mentalhealthlaw.co.uk/t/unsafe-prescribing-cases/1610 "2023-06-03T19:59:03Z")
Hello, I’m a psychiatry trainee interested in deprescribing psychiatric medication. Something that prevents many clinicians from wanting to deprescribe a medication, is the threat that a subsequent bad outcome (ie suic… --- ## [Does s117 explicitly state that a social worker must be assigned](https://forum.mentalhealthlaw.co.uk/t/does-s117-explicitly-state-that-a-social-worker-must-be-assigned/1609)
**Author:** [@Mark](https://forum.mentalhealthlaw.co.uk/u/Mark)\ **Replies:** 2\ **Last updated:** [26 May 2023 11:48 UTC](https://forum.mentalhealthlaw.co.uk/t/does-s117-explicitly-state-that-a-social-worker-must-be-assigned/1609 "2023-05-26T11:48:32Z")
My daughter is about to be discharged under S117. We have been told that she will be referred to EIP team who will be her lead practitioner. However, I thought in addition that a social worker was also assigned. Is this … --- ## [Are there any grounds on which a Tribunal can be considered on the papers for a patient detained under s3?](https://forum.mentalhealthlaw.co.uk/t/are-there-any-grounds-on-which-a-tribunal-can-be-considered-on-the-papers-for-a-patient-detained-under-s3/1598)
**Author:** [@RKM](https://forum.mentalhealthlaw.co.uk/u/RKM)\ **Replies:** 4\ **Last updated:** [17 May 2023 21:51 UTC](https://forum.mentalhealthlaw.co.uk/t/are-there-any-grounds-on-which-a-tribunal-can-be-considered-on-the-papers-for-a-patient-detained-under-s3/1598 "2023-05-17T21:51:31Z")
My client is detained in hospital under section 3. Following renewal of his section the Hospital Managers have made a referral for a Tribunal as client has not challenged previously. My client is not wanting to contest … --- ## [How/who amends s135(1) warrant](https://forum.mentalhealthlaw.co.uk/t/how-who-amends-s135-1-warrant/1592)
**Author:** [@Ngema](https://forum.mentalhealthlaw.co.uk/u/Ngema)\ **Replies:** 3\ **Last updated:** [27 April 2023 21:48 UTC](https://forum.mentalhealthlaw.co.uk/t/how-who-amends-s135-1-warrant/1592 "2023-04-27T21:48:15Z")
Dear Colleagues, AMHP service has been issued a s135 warrant however on receiving it was identified that there was a typo on the address- road name “Pinata insteat of Pinnata”: hse no and post code is correct Is this a… --- ## [Electronic Signature](https://forum.mentalhealthlaw.co.uk/t/electronic-signature/1596)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 4\ **Last updated:** [27 April 2023 13:40 UTC](https://forum.mentalhealthlaw.co.uk/t/electronic-signature/1596 "2023-04-27T13:40:17Z")
On an A6 S3 Application, it has been sent / typed electronically, the signature of the AMHP is also typed but isn’t an actual electronic signature, is this acceptable Thanks --- ## [What could be done to improve DoLS and Community DoL practice if LPS does not happen?](https://forum.mentalhealthlaw.co.uk/t/what-could-be-done-to-improve-dols-and-community-dol-practice-if-lps-does-not-happen/1529)
**Author:** [@JamesCodling](https://forum.mentalhealthlaw.co.uk/u/JamesCodling)\ **Replies:** 4\ **Last updated:** [21 April 2023 10:22 UTC](https://forum.mentalhealthlaw.co.uk/t/what-could-be-done-to-improve-dols-and-community-dol-practice-if-lps-does-not-happen/1529 "2023-04-21T10:22:32Z")
Although there has been no confirmation from the DHSC, with each passing day it appears to be clear that either LPS will be significantly delayed or LPS will not happen. In the recent Hill Dickinson webinar ‘Annual Menta… --- ## [CTO in residential home](https://forum.mentalhealthlaw.co.uk/t/cto-in-residential-home/1589)
**Author:** [@drnusair](https://forum.mentalhealthlaw.co.uk/u/drnusair)\ **Replies:** 6\ **Last updated:** [21 April 2023 08:38 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-in-residential-home/1589 "2023-04-21T08:38:32Z")
what are the views of using CTO to to demands patient to reside at a particular residential home, the patient has capacity and diagnosed with EUPD --- ## [Court of Protection - transfer from Southern Ireland](https://forum.mentalhealthlaw.co.uk/t/court-of-protection-transfer-from-southern-ireland/1588)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 1\ **Last updated:** [19 April 2023 07:41 UTC](https://forum.mentalhealthlaw.co.uk/t/court-of-protection-transfer-from-southern-ireland/1588 "2023-04-19T07:41:45Z")
We have a patient due to be transferred from outside the UK (Southern Ireland) he is under Schedule 3 of the MCA. It is going to the court of Protection England, if the order goes through, can anyone advise, if a T2 or … --- ## [MHA or Care Act?](https://forum.mentalhealthlaw.co.uk/t/mha-or-care-act/1587)
**Author:** [@Ngema](https://forum.mentalhealthlaw.co.uk/u/Ngema)\ **Replies:** 8\ **Last updated:** [18 April 2023 20:29 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-or-care-act/1587 "2023-04-18T20:29:01Z")
Dear colleagues, I am kindly seeking for guidance within the Care Act 2014 if possible please give me the evidence within the act. P is known to Mental health (MH) services, larger part of his life he has lived in resi… --- ## [Change in RC](https://forum.mentalhealthlaw.co.uk/t/change-in-rc/1584)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 6\ **Last updated:** [14 April 2023 14:50 UTC](https://forum.mentalhealthlaw.co.uk/t/change-in-rc/1584 "2023-04-14T14:50:49Z")
Have a patient on a S37/41, we have a new consultant starting, what is the procedure with the MOJ for changing Consultants (same Hospital) --- ## [Clients detained under Section 37/41 who are stuck in hospital indefinitely?](https://forum.mentalhealthlaw.co.uk/t/clients-detained-under-section-37-41-who-are-stuck-in-hospital-indefinitely/1578)
**Author:** [@Wayne](https://forum.mentalhealthlaw.co.uk/u/Wayne)\ **Replies:** 8\ **Last updated:** [11 April 2023 09:30 UTC](https://forum.mentalhealthlaw.co.uk/t/clients-detained-under-section-37-41-who-are-stuck-in-hospital-indefinitely/1578 "2023-04-11T09:30:10Z")
Is there any case law on challenging the MOJ for clients detained under Section 37/41 who are stuck in hospital? I have a client who has been in hospital for 30 years, their RC/MDT are saying that they no longer need to … --- ## [One medical recommendation not naming hospital](https://forum.mentalhealthlaw.co.uk/t/one-medical-recommendation-not-naming-hospital/1443)
**Author:** [@lkerosevic](https://forum.mentalhealthlaw.co.uk/u/lkerosevic)\ **Replies:** 4\ **Last updated:** [11 April 2023 08:57 UTC](https://forum.mentalhealthlaw.co.uk/t/one-medical-recommendation-not-naming-hospital/1443 "2023-04-11T08:57:01Z")
Re A8: Could it be considered that, taken together, two med recs (one not stating a hospital name) are insufficient? --- ## [Concurrent (previously Part 3) CTO and (Part 2) Guardianship](https://forum.mentalhealthlaw.co.uk/t/concurrent-previously-part-3-cto-and-part-2-guardianship/1571)
**Author:** [@Andy\_Howarth\_2](https://forum.mentalhealthlaw.co.uk/u/Andy_Howarth_2)\ **Replies:** 5\ **Last updated:** [27 March 2023 13:15 UTC](https://forum.mentalhealthlaw.co.uk/t/concurrent-previously-part-3-cto-and-part-2-guardianship/1571 "2023-03-27T13:15:07Z")
I’ve been trying to find out if a person can be on a CTO based on a s37(n) and simultaneously a guardianship under Part 2 of the Act. S8(5) says guardianship extinguishes any previous Part 2 order, and the Reference gui… --- ## [Discharge of s47/49 prisoners from hospital by Parole Board](https://forum.mentalhealthlaw.co.uk/t/discharge-of-s47-49-prisoners-from-hospital-by-parole-board/1549)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 3\ **Last updated:** [27 March 2023 09:00 UTC](https://forum.mentalhealthlaw.co.uk/t/discharge-of-s47-49-prisoners-from-hospital-by-parole-board/1549 "2023-03-27T09:00:20Z")
I’m writing the next Legal Action article about mental health law, and am considering being slightly critical of the Court of Appeal Criminal Division. It seems that various Court of Appeal judges think that a s47/49 pri… --- ## [Does 117 aftercare and paid nursing care from CCG have to be paid back on death if there are any savings?](https://forum.mentalhealthlaw.co.uk/t/does-117-aftercare-and-paid-nursing-care-from-ccg-have-to-be-paid-back-on-death-if-there-are-any-savings/1558)
**Author:** [@Joanne](https://forum.mentalhealthlaw.co.uk/u/Joanne)\ **Replies:** 6\ **Last updated:** [26 March 2023 12:06 UTC](https://forum.mentalhealthlaw.co.uk/t/does-117-aftercare-and-paid-nursing-care-from-ccg-have-to-be-paid-back-on-death-if-there-are-any-savings/1558 "2023-03-26T12:06:47Z")
If loved one who receives 117 aftercare and ccg nursing care funding have to pay back monies after death out of any savings they have accumulated? --- ## [Test for permission to appeal a First-tier Tribunal decision](https://forum.mentalhealthlaw.co.uk/t/test-for-permission-to-appeal-a-first-tier-tribunal-decision/1550)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 1\ **Last updated:** [23 March 2023 12:47 UTC](https://forum.mentalhealthlaw.co.uk/t/test-for-permission-to-appeal-a-first-tier-tribunal-decision/1550 "2023-03-23T12:47:20Z")
Which of the following correctly states the test for permission to appeal a First-tier Tribunal decision? I don’t think it can be both. In the recent Upper Tribunal judgement in AC v Cornwall Partnership NHS Foundation … --- ## [Holding powers and re-detention after tribunal discharge](https://forum.mentalhealthlaw.co.uk/t/holding-powers-and-re-detention-after-tribunal-discharge/1546)
**Author:** [@AbbeyWeston](https://forum.mentalhealthlaw.co.uk/u/AbbeyWeston)\ **Replies:** 4\ **Last updated:** [21 March 2023 17:47 UTC](https://forum.mentalhealthlaw.co.uk/t/holding-powers-and-re-detention-after-tribunal-discharge/1546 "2023-03-21T17:47:12Z")
This is now a hypothetical situation however would like to know for future reference. S2 Patient applied for a tribunal and the outcome was that they were discharged with immediate effect. The team and patient were told… --- ## [Two family members on same Associate Hospital Managers Panel](https://forum.mentalhealthlaw.co.uk/t/two-family-members-on-same-associate-hospital-managers-panel/1510)
**Author:** [@Samjo87](https://forum.mentalhealthlaw.co.uk/u/Samjo87)\ **Replies:** 6\ **Last updated:** [15 March 2023 14:10 UTC](https://forum.mentalhealthlaw.co.uk/t/two-family-members-on-same-associate-hospital-managers-panel/1510 "2023-03-15T14:10:51Z")
Hi, a query on whether or not members of the same family are allowed to sit on the same panel when reviewing the renewal of a patient, or is that a conflict of interest? --- ## ["Dangerousness" in tribunal reports](https://forum.mentalhealthlaw.co.uk/t/dangerousness-in-tribunal-reports/1512)
**Author:** [@Stephen\_Ward](https://forum.mentalhealthlaw.co.uk/u/Stephen_Ward)\ **Replies:** 3\ **Last updated:** [8 March 2023 23:26 UTC](https://forum.mentalhealthlaw.co.uk/t/dangerousness-in-tribunal-reports/1512 "2023-03-08T23:26:58Z")
When writing a social circumstances report I did once write in response to the question about dangerousness that it was irrelevant, as the appeal was not against a barring order. The Tribunal Judge commented that he had … --- ## [MHA Reform detention criteria](https://forum.mentalhealthlaw.co.uk/t/mha-reform-detention-criteria/1333)
**Author:** [@martcol](https://forum.mentalhealthlaw.co.uk/u/martcol)\ **Replies:** 1\ **Last updated:** [3 November 2022 22:09 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-reform-detention-criteria/1333 "2022-11-03T22:09:35Z")
If the admission criteria is changed and Service Users have more opportunities to challenge, will services find that there will be a huge number of inpatients that will have to be discharged and some of them requiring hi… --- ## [S136 Detention - restraint at health-based place of safety](https://forum.mentalhealthlaw.co.uk/t/s136-detention-restraint-at-health-based-place-of-safety/1509)
**Author:** [@NW2521](https://forum.mentalhealthlaw.co.uk/u/NW2521)\ **Replies:** 3\ **Last updated:** [8 March 2023 09:07 UTC](https://forum.mentalhealthlaw.co.uk/t/s136-detention-restraint-at-health-based-place-of-safety/1509 "2023-03-08T09:07:34Z")
Please can I ask for some advice? I have dealt with a S136 case where the patient was assessed as volatile. The advice given by colleagues was that health staff are unable to restrain or sedate at the person on the S13… --- ## [Foetal Alcohol Spectrum Disorder (FASD) and capacity](https://forum.mentalhealthlaw.co.uk/t/foetal-alcohol-spectrum-disorder-fasd-and-capacity/1497)
**Author:** [@GoddardTania](https://forum.mentalhealthlaw.co.uk/u/GoddardTania)\ **Replies:** 4\ **Last updated:** [7 March 2023 10:22 UTC](https://forum.mentalhealthlaw.co.uk/t/foetal-alcohol-spectrum-disorder-fasd-and-capacity/1497 "2023-03-07T10:22:06Z")
Can a person with FASD have capacity? It is not an issue being discussed within the UK courts. --- ## [Responsibility for finding care coordinator for detained patients](https://forum.mentalhealthlaw.co.uk/t/responsibility-for-finding-care-coordinator-for-detained-patients/1476)
**Author:** [@Julieh41](https://forum.mentalhealthlaw.co.uk/u/Julieh41)\ **Replies:** 2\ **Last updated:** [1 March 2023 15:16 UTC](https://forum.mentalhealthlaw.co.uk/t/responsibility-for-finding-care-coordinator-for-detained-patients/1476 "2023-03-01T15:16:17Z")
Hi, We would like conformation who;s responsibility it is to chase & find a care co-ordinator for detained patients, as we as MHA Administrators end up doing it, but I am sure it shouldn’t be our responsibility - anyone… --- ## [Waiting times for MHA in community secondary care services](https://forum.mentalhealthlaw.co.uk/t/waiting-times-for-mha-in-community-secondary-care-services/1488)
**Author:** [@Sploums](https://forum.mentalhealthlaw.co.uk/u/Sploums)\ **Replies:** 4\ **Last updated:** [26 February 2023 10:56 UTC](https://forum.mentalhealthlaw.co.uk/t/waiting-times-for-mha-in-community-secondary-care-services/1488 "2023-02-26T10:56:21Z")
Hello all, I am interested to find out what are the acceptable time frames for MHA in community settings please. In addition, if any of you know of any national guidance papers on this matter that you are aware of and c… --- ## ['Medically qualified' Approved Clinician in charge](https://forum.mentalhealthlaw.co.uk/t/medically-qualified-approved-clinician-in-charge/1484)
**Author:** [@HelenR](https://forum.mentalhealthlaw.co.uk/u/HelenR)\ **Replies:** 3\ **Last updated:** [24 February 2023 10:49 UTC](https://forum.mentalhealthlaw.co.uk/t/medically-qualified-approved-clinician-in-charge/1484 "2023-02-24T10:49:49Z")
Hi all, Is a non-doctor AC, who is an RMN and a qualified ‘Independent Prescriber’ with a mental health competence considered to be ‘medically qualified’ for the purposes of the MHA? My confusion comes from references … --- ## [Alledgedly assualted patient-compensation?](https://forum.mentalhealthlaw.co.uk/t/alledgedly-assualted-patient-compensation/1478)
**Author:** [@112233](https://forum.mentalhealthlaw.co.uk/u/112233)\ **Replies:** 6\ **Last updated:** [13 February 2023 16:50 UTC](https://forum.mentalhealthlaw.co.uk/t/alledgedly-assualted-patient-compensation/1478 "2023-02-13T16:50:34Z")
Assistance request: Section 3 client has been alledgedly assualted by a bank staff mental health trust staff. Senior professional shared that CCTV semingly supports his claim (although I have not been permitted to view).… --- ## [Understanding abuse of/by LPAs/Powers of Attorney](https://forum.mentalhealthlaw.co.uk/t/understanding-abuse-of-by-lpas-powers-of-attorney/1440)
**Author:** [@RobAnderson](https://forum.mentalhealthlaw.co.uk/u/RobAnderson)\ **Replies:** 2\ **Last updated:** [2 February 2023 20:29 UTC](https://forum.mentalhealthlaw.co.uk/t/understanding-abuse-of-by-lpas-powers-of-attorney/1440 "2023-02-02T20:29:12Z")
I am an applied health researcher trying to understand the nature and scale of abuse by LPAs/attorneys. I would like to study and synthesise evidence from the cases where the Public Guardian OPG has sought to revoke LPAs… --- ## [LPS Responsible Body for someone 'in' a virtual ward](https://forum.mentalhealthlaw.co.uk/t/lps-responsible-body-for-someone-in-a-virtual-ward/1464)
**Author:** [@Nickwoo](https://forum.mentalhealthlaw.co.uk/u/Nickwoo)\ **Replies:** 4\ **Last updated:** [2 February 2023 09:38 UTC](https://forum.mentalhealthlaw.co.uk/t/lps-responsible-body-for-someone-in-a-virtual-ward/1464 "2023-02-02T09:38:27Z")
Hi, with the big push on for ‘virtual wards’ has anyone caught wind of any discussions happening about which organisation would be the Responsible Body should someone be ‘in’ a virtual ward and be in need of an LPS autho… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=24) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=26)