# Law and practice **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=26 [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:** 27 --- ## [Ending S117 aftercare for conditionally discharged patient](https://forum.mentalhealthlaw.co.uk/t/ending-s117-aftercare-for-conditionally-discharged-patient/1430)
**Author:** [@JadieH](https://forum.mentalhealthlaw.co.uk/u/JadieH)\ **Replies:** 3\ **Last updated:** [30 January 2023 14:43 UTC](https://forum.mentalhealthlaw.co.uk/t/ending-s117-aftercare-for-conditionally-discharged-patient/1430 "2023-01-30T14:43:53Z")
Looking for people’s views on whether you would end someone’s S117 eligibility if you felt that they no longer had MH needs, but they were still a conditionally discharged patient with the potential to recall by the MoJ? … --- ## [Joint Medical recommendations - Amending](https://forum.mentalhealthlaw.co.uk/t/joint-medical-recommendations-amending/1418)
**Author:** [@Jade1](https://forum.mentalhealthlaw.co.uk/u/Jade1)\ **Replies:** 5\ **Last updated:** [6 January 2023 22:15 UTC](https://forum.mentalhealthlaw.co.uk/t/joint-medical-recommendations-amending/1418 "2023-01-06T22:15:09Z")
Hi All I have ready everywhere that a joint medical recommendation can not be amended ( obviously if the errors are amendable) however it does not give a reason as to why, which I am intrigued to know and if there are a… --- ## [Homelessness and fluctuating capacity](https://forum.mentalhealthlaw.co.uk/t/homelessness-and-fluctuating-capacity/1438)
**Author:** [@Lazzabarnet](https://forum.mentalhealthlaw.co.uk/u/Lazzabarnet)\ **Replies:** 3\ **Last updated:** [20 January 2023 11:31 UTC](https://forum.mentalhealthlaw.co.uk/t/homelessness-and-fluctuating-capacity/1438 "2023-01-20T11:31:41Z")
Apologies if this is not a clear question. Regarding assessment of capacity/decisions on accommodation and street homelessness. I am trying to find out if there have been any cases that have been adjudicated regarding f… --- ## [Covert Medication - Section 61](https://forum.mentalhealthlaw.co.uk/t/covert-medication-section-61/1436)
**Author:** [@samiegd27](https://forum.mentalhealthlaw.co.uk/u/samiegd27)\ **Replies:** 1\ **Last updated:** [17 January 2023 10:38 UTC](https://forum.mentalhealthlaw.co.uk/t/covert-medication-section-61/1436 "2023-01-17T10:38:01Z")
When a Section 61 is processed for a patient, a copy of that report is then sent to the patient as per the Code of Practice. If the patient is being covertly medicated, how can the report then be sent to the patient? --- ## [Ending a S49 Restriction Order](https://forum.mentalhealthlaw.co.uk/t/ending-a-s49-restriction-order/1423)
**Author:** [@JadieH](https://forum.mentalhealthlaw.co.uk/u/JadieH)\ **Replies:** 5\ **Last updated:** [10 January 2023 12:29 UTC](https://forum.mentalhealthlaw.co.uk/t/ending-a-s49-restriction-order/1423 "2023-01-10T12:29:34Z")
Just want to ensure that I’ve understood correctly what happens to prisoners who receives a transfer direction with a restriction order (section 47/49) If the original fixed term sentence ends whilst they still in hospi… --- ## [Change in status from s48/49 to s37/41](https://forum.mentalhealthlaw.co.uk/t/change-in-status-from-s48-49-to-s37-41/1385)
**Author:** [@Porolli](https://forum.mentalhealthlaw.co.uk/u/Porolli)\ **Replies:** 6\ **Last updated:** [6 January 2023 22:17 UTC](https://forum.mentalhealthlaw.co.uk/t/change-in-status-from-s48-49-to-s37-41/1385 "2023-01-06T22:17:24Z")
I have a client who applied for a tribunal when on s48/49 and who has now been put on s37/41. Apologies for the simple question but I cannot find a definitive answer as to whether the date which has been set can be retai… --- ## [Nearest Relative - attendance at Tribunal](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-attendance-at-tribunal/1422)
**Author:** [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\ **Replies:** 1\ **Last updated:** [5 January 2023 11:34 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-attendance-at-tribunal/1422 "2023-01-05T11:34:34Z")
Client applies for Tribunal and ticks the box on the application ‘object to N/R being informed’ N/R attendance request is received which client says he is not happy with and obviously a response is sent saying he doesn’… --- ## [Personal data breach](https://forum.mentalhealthlaw.co.uk/t/personal-data-breach/1421)
**Author:** [@NWJ](https://forum.mentalhealthlaw.co.uk/u/NWJ)\ **Replies:** 1\ **Last updated:** [2 January 2023 01:32 UTC](https://forum.mentalhealthlaw.co.uk/t/personal-data-breach/1421 "2023-01-02T01:32:54Z")
Hi. I found out that my treating Consultant Psychiatrist who works for an NHS Mental Health Trust breached my confidentiality in 2018 and I made a written complain to the Consultant and asked for copies of the communica… --- ## [Obtaining medical and other records](https://forum.mentalhealthlaw.co.uk/t/obtaining-medical-and-other-records/1416)
**Author:** [@autolycos](https://forum.mentalhealthlaw.co.uk/u/autolycos)\ **Replies:** 4\ **Last updated:** [19 December 2022 23:51 UTC](https://forum.mentalhealthlaw.co.uk/t/obtaining-medical-and-other-records/1416 "2022-12-19T23:51:06Z")
If you want to understand what is really going on: your mother, or you with your mother’s permission, can make subject access requests to the council, trust and CCG. Ask for all emails, records and reports relevant to yo… --- ## [Repeated pressuring of elderly vulnerable woman of 90 yrs old by NHS practitioner/SW in care home](https://forum.mentalhealthlaw.co.uk/t/repeated-pressuring-of-elderly-vulnerable-woman-of-90-yrs-old-by-nhs-practitioner-sw-in-care-home/1400)
**Author:** [@AJM](https://forum.mentalhealthlaw.co.uk/u/AJM)\ **Replies:** 10\ **Last updated:** [6 December 2022 16:38 UTC](https://forum.mentalhealthlaw.co.uk/t/repeated-pressuring-of-elderly-vulnerable-woman-of-90-yrs-old-by-nhs-practitioner-sw-in-care-home/1400 "2022-12-06T16:38:02Z")
My mother is now in care home temporarily for past 6 months. NHS health practitioner/SW from same local mental health office (they have featured in the TV news lately) going in to see her in bedroom and pressuring her to… --- ## [Where (location) can a police officer search (using s136C) a person detained under s136 MHA 1983](https://forum.mentalhealthlaw.co.uk/t/where-location-can-a-police-officer-search-using-s136c-a-person-detained-under-s136-mha-1983/993)
**Author:** [@PaulineGerrard](https://forum.mentalhealthlaw.co.uk/u/PaulineGerrard)\ **Replies:** 2\ **Last updated:** [15 December 2022 18:33 UTC](https://forum.mentalhealthlaw.co.uk/t/where-location-can-a-police-officer-search-using-s136c-a-person-detained-under-s136-mha-1983/993 "2022-12-15T18:33:12Z")
There seems to be a difference of opinion here. If the subject is not under arrest ( as defined by law/gov.uk) for any offence and has been detained correctly and appropriately under sect 136 - then isn’t 136 (C) more ap… --- ## [Can the police use s136 again?](https://forum.mentalhealthlaw.co.uk/t/can-the-police-use-s136-again/1409)
**Author:** [@lkerosevic](https://forum.mentalhealthlaw.co.uk/u/lkerosevic)\ **Replies:** 1\ **Last updated:** [15 December 2022 12:38 UTC](https://forum.mentalhealthlaw.co.uk/t/can-the-police-use-s136-again/1409 "2022-12-15T12:38:58Z")
Can the police use s136 again following a persons escape from legal custody if they have escaped from a HBPoS? s138 provides for the person to be retaken before the end of the relevant period, however, what happens when … --- ## [Health Based Place Of Safety - Responsibilities (Health and Policing)](https://forum.mentalhealthlaw.co.uk/t/health-based-place-of-safety-responsibilities-health-and-policing/1407)
**Author:** [@NW2521](https://forum.mentalhealthlaw.co.uk/u/NW2521)\ **Replies:** 5\ **Last updated:** [13 December 2022 18:47 UTC](https://forum.mentalhealthlaw.co.uk/t/health-based-place-of-safety-responsibilities-health-and-policing/1407 "2022-12-13T18:47:04Z")
I am trying to establish at what point after arrival at a HBPOS the police responsibility effectively ends and when the officers can lawfully withdraw leaving the patient in the care of health professionals. what protoc… --- ## [S47 without restriction - expiry?](https://forum.mentalhealthlaw.co.uk/t/s47-without-restriction-expiry/1389)
**Author:** [@Natalie](https://forum.mentalhealthlaw.co.uk/u/Natalie)\ **Replies:** 4\ **Last updated:** [4 December 2022 19:15 UTC](https://forum.mentalhealthlaw.co.uk/t/s47-without-restriction-expiry/1389 "2022-12-04T19:15:13Z")
Hello, I’ve been referred a client who is on a S47 - their sentence ended a year ago and they did not have a restriction. The hospital are renewing as S47 with a hospital managers meeting. Is this correct? I can’t hel… --- ## [Re AA \[2021\] EWCOP 70 & Re AA \[2020\] EWCOP 66](https://forum.mentalhealthlaw.co.uk/t/re-aa-2021-ewcop-70-re-aa-2020-ewcop-66/1151)
**Author:** [@JamesCodling](https://forum.mentalhealthlaw.co.uk/u/JamesCodling)\ **Replies:** 2\ **Last updated:** [2 December 2022 07:11 UTC](https://forum.mentalhealthlaw.co.uk/t/re-aa-2021-ewcop-70-re-aa-2020-ewcop-66/1151 "2022-12-02T07:11:20Z")
Can I ask the MHLO hive mind if anyone knows if the recent \[name deleted\] case is the follow up to Re AA (Capacity to consent to sexual practices) \[2020\] EWCOP 66? It reads like it is (the judge doesn’t give a reference … --- ## [Inappropriate comments in PHE](https://forum.mentalhealthlaw.co.uk/t/inappropriate-comments-in-phe/1381)
**Author:** [@anonymous19](https://forum.mentalhealthlaw.co.uk/u/anonymous19)\ **Replies:** 1\ **Last updated:** [1 December 2022 14:21 UTC](https://forum.mentalhealthlaw.co.uk/t/inappropriate-comments-in-phe/1381 "2022-12-01T14:21:54Z")
My restricted client informs me that the MM advised her not to seek CD but instead to seek a recc for US leave. They also apparently suggested she ask MHT to discharge the s41 leaving her on a s37. Of course I don’t know… --- ## [Section 63](https://forum.mentalhealthlaw.co.uk/t/section-63/1384)
**Author:** [@Jade1](https://forum.mentalhealthlaw.co.uk/u/Jade1)\ **Replies:** 1\ **Last updated:** [1 December 2022 14:16 UTC](https://forum.mentalhealthlaw.co.uk/t/section-63/1384 "2022-12-01T14:16:35Z")
If a section 63 is required for an in-patient, does this need to be followed by and application to the Court of Protection. After reading the case studies around S63 majority of them have gone to the Court of Protection.… --- ## [Legal Help signed prior to instructions](https://forum.mentalhealthlaw.co.uk/t/legal-help-signed-prior-to-instructions/1364)
**Author:** [@LaurenT](https://forum.mentalhealthlaw.co.uk/u/LaurenT)\ **Replies:** 1\ **Last updated:** [30 November 2022 06:27 UTC](https://forum.mentalhealthlaw.co.uk/t/legal-help-signed-prior-to-instructions/1364 "2022-11-30T06:27:42Z")
I went to see a new client with a prearranged appointment but when I attended the client was on leave so the appointment could not go ahead. I left the legal help form with the ward for client to sign and they signed and… --- ## [Is an Autonomous Decision Making Test fundamentally the same as a Capacity Test?](https://forum.mentalhealthlaw.co.uk/t/is-an-autonomous-decision-making-test-fundamentally-the-same-as-a-capacity-test/1382)
**Author:** [@Barry](https://forum.mentalhealthlaw.co.uk/u/Barry)\ **Replies:** 1\ **Last updated:** [29 November 2022 11:00 UTC](https://forum.mentalhealthlaw.co.uk/t/is-an-autonomous-decision-making-test-fundamentally-the-same-as-a-capacity-test/1382 "2022-11-29T11:00:03Z")
The Scottish Mental Health & Incapacity Law Review published the Final Report of its recommendations on 30 September 2022 : Consultation (mentalhealthlawreview.scot) One of the recommendations is an Autonomous Decision… --- ## [Certification of meeting criteria 10 days prior to tribunal (new Bill proposal)](https://forum.mentalhealthlaw.co.uk/t/certification-of-meeting-criteria-10-days-prior-to-tribunal-new-bill-proposal/1368)
**Author:** [@ClaireB](https://forum.mentalhealthlaw.co.uk/u/ClaireB)\ **Replies:** 3\ **Last updated:** [25 November 2022 10:00 UTC](https://forum.mentalhealthlaw.co.uk/t/certification-of-meeting-criteria-10-days-prior-to-tribunal-new-bill-proposal/1368 "2022-11-25T10:00:27Z")
With the proposals in the new MH Bill, there is a suggestion that certification would be needed 10 days ahead of tribunals that people still meet the criteria - but who is doing the certification? Is it proposed to be ju… --- ## [Interpretation of MHA Code of Practice 32.18](https://forum.mentalhealthlaw.co.uk/t/interpretation-of-mha-code-of-practice-32-18/1358)
**Author:** [@Andrew](https://forum.mentalhealthlaw.co.uk/u/Andrew)\ **Replies:** 10\ **Last updated:** [24 November 2022 17:45 UTC](https://forum.mentalhealthlaw.co.uk/t/interpretation-of-mha-code-of-practice-32-18/1358 "2022-11-24T17:45:00Z")
32.18 As responsible clinicians have the power to discharge patients, they must keep under review the appropriateness of using that power. If, at any time, responsible clinicians conclude that the criteria which would j… --- ## [CTO Conditions and Reason for recall (alcohol and drugs)](https://forum.mentalhealthlaw.co.uk/t/cto-conditions-and-reason-for-recall-alcohol-and-drugs/1379)
**Author:** [@GarethAMHP](https://forum.mentalhealthlaw.co.uk/u/GarethAMHP)\ **Replies:** 5\ **Last updated:** [24 November 2022 11:44 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-conditions-and-reason-for-recall-alcohol-and-drugs/1379 "2022-11-24T11:44:21Z")
Hi This comment is not so much to do with the legality of the conditions attached to a CTO, but more relating to the benefit and proportionality of attaching conditions which should then possibly lead to grounds for rec… --- ## [Legal opinion](https://forum.mentalhealthlaw.co.uk/t/legal-opinion/1340)
**Author:** [@Andrew](https://forum.mentalhealthlaw.co.uk/u/Andrew)\ **Replies:** 1\ **Last updated:** [21 November 2022 14:54 UTC](https://forum.mentalhealthlaw.co.uk/t/legal-opinion/1340 "2022-11-21T14:54:33Z")
I am seeking a legal opinion about a mental health issue are there any appropriately legally qualified people that provide this service? --- ## [Vietnamese-speaking solicitor](https://forum.mentalhealthlaw.co.uk/t/vietnamese-speaking-solicitor/1370)
**Author:** [@catherine](https://forum.mentalhealthlaw.co.uk/u/catherine)\ **Replies:** 0\ **Last updated:** [21 November 2022 13:10 UTC](https://forum.mentalhealthlaw.co.uk/t/vietnamese-speaking-solicitor/1370 "2022-11-21T13:10:45Z")
Hi all, does anyone happen to know a Vietnamese-speaking mental health solicitor? If so I’d be really grateful for their details. Thanks, Catherine --- ## [Challenge to IPP](https://forum.mentalhealthlaw.co.uk/t/challenge-to-ipp/1344)
**Author:** [@anonymous17](https://forum.mentalhealthlaw.co.uk/u/anonymous17)\ **Replies:** 1\ **Last updated:** [20 November 2022 18:57 UTC](https://forum.mentalhealthlaw.co.uk/t/challenge-to-ipp/1344 "2022-11-20T18:57:44Z")
Hi, if a patient wishes to challenge his IPP sentence, and to hopefully substitute it for a hospital order, what is the process to follow? --- ## [Joint Medical Recommendations](https://forum.mentalhealthlaw.co.uk/t/joint-medical-recommendations/1352)
**Author:** [@metoo](https://forum.mentalhealthlaw.co.uk/u/metoo)\ **Replies:** 7\ **Last updated:** [16 November 2022 10:01 UTC](https://forum.mentalhealthlaw.co.uk/t/joint-medical-recommendations/1352 "2022-11-16T10:01:51Z")
Can someone let me know what the situation is if: AMHP completes application for s.3 Joint med rec for s.2 Jones states: “One of the two recommendations: As Eldergill has pointed out, it seems that neither this subsec… --- ## [Independent Psychiatrist - Sexual Offending](https://forum.mentalhealthlaw.co.uk/t/independent-psychiatrist-sexual-offending/1191)
**Author:** [@AdamB](https://forum.mentalhealthlaw.co.uk/u/AdamB)\ **Replies:** 1\ **Last updated:** [15 November 2022 08:44 UTC](https://forum.mentalhealthlaw.co.uk/t/independent-psychiatrist-sexual-offending/1191 "2022-11-15T08:44:44Z")
Hi All, Does anyone recommend a consultant psychiatrist who specialises in producing reports for forensic patients with a history of sexual offending at legal aid rates? Thanks in advance. --- ## [Identification of the s. 26 Nearest Relative](https://forum.mentalhealthlaw.co.uk/t/identification-of-the-s-26-nearest-relative/1278)
**Author:** [@storeb](https://forum.mentalhealthlaw.co.uk/u/storeb)\ **Replies:** 3\ **Last updated:** [15 November 2022 08:43 UTC](https://forum.mentalhealthlaw.co.uk/t/identification-of-the-s-26-nearest-relative/1278 "2022-11-15T08:43:00Z")
The nearest relative for a detained patient was their mum, who has recently died. In identifying the new NR under section 26, there is a father who was married to the mum, but they have been estranged from the patient s… --- ## [Sectioning 'just in case'](https://forum.mentalhealthlaw.co.uk/t/sectioning-just-in-case/1351)
**Author:** [@Andrew](https://forum.mentalhealthlaw.co.uk/u/Andrew)\ **Replies:** 4\ **Last updated:** [15 November 2022 08:33 UTC](https://forum.mentalhealthlaw.co.uk/t/sectioning-just-in-case/1351 "2022-11-15T08:33:16Z")
I have come across two independent comments concerning section 2 discussions, both said that doctors and AMHPs were concerned about criticism in the case of suicide shortly after contact with them. An article in the Mai… --- ## [MHA Code of Practice interpretation of para 14.75](https://forum.mentalhealthlaw.co.uk/t/mha-code-of-practice-interpretation-of-para-14-75/1345)
**Author:** [@Andrew](https://forum.mentalhealthlaw.co.uk/u/Andrew)\ **Replies:** 11\ **Last updated:** [14 November 2022 13:29 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-code-of-practice-interpretation-of-para-14-75/1345 "2022-11-14T13:29:32Z")
Cut and copy from MHA Code of Practice. 14.75 Doctors must give reasons for the opinions stated in their recommendations. When giving a clinical description of the patient’s mental disorder as part of these reasons, do… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=25) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=27)