# Law and practice **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=29 [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:** 30 --- ## [Change in status during tribunal proceedings](https://forum.mentalhealthlaw.co.uk/t/change-in-status-during-tribunal-proceedings/46)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 4\ **Last updated:** [13 July 2022 17:23 UTC](https://forum.mentalhealthlaw.co.uk/t/change-in-status-during-tribunal-proceedings/46 "2022-07-13T17:23:41Z")
I’ve added some recent information on the website here: Change in status during tribunal proceedings. It covers the following changes: s2–s3–CTO, s3–s7, s47/49–s47 and s3–s37. Is anyone aware of other circumstances tha… --- ## [Ss37/41 Patient C-D Prior to Tribunal - Application Close?](https://forum.mentalhealthlaw.co.uk/t/ss37-41-patient-c-d-prior-to-tribunal-application-close/695)
**Author:** [@AdamMarley](https://forum.mentalhealthlaw.co.uk/u/AdamMarley)\ **Replies:** 12\ **Last updated:** [11 July 2022 15:49 UTC](https://forum.mentalhealthlaw.co.uk/t/ss37-41-patient-c-d-prior-to-tribunal-application-close/695 "2022-07-11T15:49:00Z")
Hi I have a client who is currently detained in prison on a recall warrant. He was also subject to a 37/41 hospital order and made an application to the Tribunal to appeal that. He was discharged from the s37 and now r… --- ## [Three month rule and T2](https://forum.mentalhealthlaw.co.uk/t/three-month-rule-and-t2/1063)
**Author:** [@MHAA](https://forum.mentalhealthlaw.co.uk/u/MHAA)\ **Replies:** 1\ **Last updated:** [8 July 2022 14:21 UTC](https://forum.mentalhealthlaw.co.uk/t/three-month-rule-and-t2/1063 "2022-07-08T14:21:17Z")
When a T2 has been completed within the three month rule period. Does the 3 month rule end? or can three month rule still be used if capacity changes again? --- ## [Locating details of manslaughter case](https://forum.mentalhealthlaw.co.uk/t/locating-details-of-manslaughter-case/774)
**Author:** [@Vojvodina](https://forum.mentalhealthlaw.co.uk/u/Vojvodina)\ **Replies:** 2\ **Last updated:** [7 July 2022 22:00 UTC](https://forum.mentalhealthlaw.co.uk/t/locating-details-of-manslaughter-case/774 "2022-07-07T22:00:55Z")
Hi can anyone help with allocating /referencing a case of Andreas Milakovic profoundly deaf father who drowned his severely disabled son in 2007 resided by Mr Justice Holland. Case was reported in several national papers… --- ## [A waste of Judicial time?](https://forum.mentalhealthlaw.co.uk/t/a-waste-of-judicial-time/368)
**Author:** [@jonesrm](https://forum.mentalhealthlaw.co.uk/u/jonesrm)\ **Replies:** 1\ **Last updated:** [7 July 2022 19:50 UTC](https://forum.mentalhealthlaw.co.uk/t/a-waste-of-judicial-time/368 "2022-07-07T19:50:10Z")
In R (AK) v London Borough of Hillingdon and North Central London CGG \[2021\] EWHC 301 (Admin), the Judge, in a 27 page judgment, held that a s.117 aftercare plan was unlawful and that a new assessment had to be conducted… --- ## [Completion of H3](https://forum.mentalhealthlaw.co.uk/t/completion-of-h3/1049)
**Author:** [@Saralou50](https://forum.mentalhealthlaw.co.uk/u/Saralou50)\ **Replies:** 1\ **Last updated:** [7 July 2022 18:46 UTC](https://forum.mentalhealthlaw.co.uk/t/completion-of-h3/1049 "2022-07-07T18:46:28Z")
We currently have an SLA with our local acute hospital. It has come to light that a patient was detained on a section 2 in 2018 - only now has the mental health legislation team been informed. A H3 was never completed … --- ## [Displacement of the Nearest Relative before detention](https://forum.mentalhealthlaw.co.uk/t/displacement-of-the-nearest-relative-before-detention/1045)
**Author:** [@RKM](https://forum.mentalhealthlaw.co.uk/u/RKM)\ **Replies:** 2\ **Last updated:** [7 July 2022 08:56 UTC](https://forum.mentalhealthlaw.co.uk/t/displacement-of-the-nearest-relative-before-detention/1045 "2022-07-07T08:56:34Z")
We have been consulted by a client who is pre-empting a future detention under section and wants to apply now to displace her current NR so that they are not involved at all. She does not think that they will agree to d… --- ## [Should a Magistrate issue a s135(1)(b) MHA 1983 warrant solely on the basis the subject has a mental disorder and is refusing to take his/her medication?](https://forum.mentalhealthlaw.co.uk/t/should-a-magistrate-issue-a-s135-1-b-mha-1983-warrant-solely-on-the-basis-the-subject-has-a-mental-disorder-and-is-refusing-to-take-his-her-medication/1043)
**Author:** [@AnetKalu](https://forum.mentalhealthlaw.co.uk/u/AnetKalu)\ **Replies:** 0\ **Last updated:** [3 July 2022 10:19 UTC](https://forum.mentalhealthlaw.co.uk/t/should-a-magistrate-issue-a-s135-1-b-mha-1983-warrant-solely-on-the-basis-the-subject-has-a-mental-disorder-and-is-refusing-to-take-his-her-medication/1043 "2022-07-03T10:19:01Z")
The dilemma I was once asked by a frustrated healthcare professional how a mental health practitioner is expected to evidence to the court that a schizophrenic is unable to care for himself so that a warrant can be obta… --- ## [CCGs and ICBs](https://forum.mentalhealthlaw.co.uk/t/ccgs-and-icbs/1041)
**Author:** [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\ **Replies:** 2\ **Last updated:** [2 July 2022 22:44 UTC](https://forum.mentalhealthlaw.co.uk/t/ccgs-and-icbs/1041 "2022-07-02T22:44:07Z")
I understand that from today NHS Cimical Commissioning Groups (CCGs) have been abolished and replaced by Integrated Care Boards (ICBs) under the new Heath and Social Care Act 2022. CCGs had particular responsibility to … --- ## [What would MHA 1983 look like if amended by draft Mental Health Bill 2022](https://forum.mentalhealthlaw.co.uk/t/what-would-mha-1983-look-like-if-amended-by-draft-mental-health-bill-2022/1038)
**Author:** [@AlexRK](https://forum.mentalhealthlaw.co.uk/u/AlexRK)\ **Replies:** 3\ **Last updated:** [30 June 2022 21:40 UTC](https://forum.mentalhealthlaw.co.uk/t/what-would-mha-1983-look-like-if-amended-by-draft-mental-health-bill-2022/1038 "2022-06-30T21:40:31Z")
The draft Mental Health Bill published on 27 June 2022 is accompanied by helpful explanatory notes, but as it is amending legislation, it is not altogether easy to read it across to the Mental Health Act 1983 as it curr… --- ## [What is the current version of "Guidance for social supervisors" and "Guidance for clinical supervisors"?](https://forum.mentalhealthlaw.co.uk/t/what-is-the-current-version-of-guidance-for-social-supervisors-and-guidance-for-clinical-supervisors/1036)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 1\ **Last updated:** [29 June 2022 20:23 UTC](https://forum.mentalhealthlaw.co.uk/t/what-is-the-current-version-of-guidance-for-social-supervisors-and-guidance-for-clinical-supervisors/1036 "2022-06-29T20:23:46Z")
I made a resolution that instead of emailing people I’d ask questions here. I only remembered it after I’d already emailed a psychiatrist, but here goes… The most recent version of the guidance for clinical supervisors … --- ## [Diverted from hospital A to Hospital B](https://forum.mentalhealthlaw.co.uk/t/diverted-from-hospital-a-to-hospital-b/1018)
**Author:** [@AS1975](https://forum.mentalhealthlaw.co.uk/u/AS1975)\ **Replies:** 3\ **Last updated:** [28 June 2022 09:46 UTC](https://forum.mentalhealthlaw.co.uk/t/diverted-from-hospital-a-to-hospital-b/1018 "2022-06-28T09:46:30Z")
Dear All, a patient has 2 med recs and an application for admission to hospital under s2 of the MHA. Hospital A has a bed on a general adult ward. The patient is frail and diverted to hospital B which has an older adul… --- ## [National DOL Court for under 18s](https://forum.mentalhealthlaw.co.uk/t/national-dol-court-for-under-18s/1032)
**Author:** [@HFS](https://forum.mentalhealthlaw.co.uk/u/HFS)\ **Replies:** 2\ **Last updated:** [28 June 2022 06:50 UTC](https://forum.mentalhealthlaw.co.uk/t/national-dol-court-for-under-18s/1032 "2022-06-28T06:50:54Z")
very concerning how the MHA/DOLS can be used to authorise completely inappropriate placements for young people especially. you may find interesting Launch of National Deprivation of Liberty (DoLs) Court at the Royal Cour… --- ## [Challenging s2 MHT decision](https://forum.mentalhealthlaw.co.uk/t/challenging-s2-mht-decision/930)
**Author:** [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\ **Replies:** 5\ **Last updated:** [27 June 2022 18:20 UTC](https://forum.mentalhealthlaw.co.uk/t/challenging-s2-mht-decision/930 "2022-06-27T18:20:21Z")
I have received an appallingly reasoned decision from a s2 hearing last week. Patient was however discharged from the s2 yesterday and deprived of her liberty under the inherent jurisdiction. Thoughts on whether it’s w… --- ## [Discharge condition preventing me from spending any night at my girlfriend's](https://forum.mentalhealthlaw.co.uk/t/discharge-condition-preventing-me-from-spending-any-night-at-my-girlfriends/1026)
**Author:** [@Andy\_Howarth\_2](https://forum.mentalhealthlaw.co.uk/u/Andy_Howarth_2)\ **Replies:** 6\ **Last updated:** [27 June 2022 20:15 UTC](https://forum.mentalhealthlaw.co.uk/t/discharge-condition-preventing-me-from-spending-any-night-at-my-girlfriends/1026 "2022-06-27T20:15:51Z")
My client has been conditionally discharged with a condition that he must sleep every night at his staffed placement and can only sleep elsewhere for even one night with the prior permission of his RC. He has a girlfrie… --- ## [DoLS Rights leaflets in other languages](https://forum.mentalhealthlaw.co.uk/t/dols-rights-leaflets-in-other-languages/862)
**Author:** [@hjb](https://forum.mentalhealthlaw.co.uk/u/hjb)\ **Replies:** 1\ **Last updated:** [25 June 2022 07:49 UTC](https://forum.mentalhealthlaw.co.uk/t/dols-rights-leaflets-in-other-languages/862 "2022-06-25T07:49:17Z")
Hi, Does anyone know where we could find DoLS rights leaflets in other languages? At the moment we are trying to locate one in Farsi. Any help gratefully received- I’ve completed a search DoH ADASS etc and drawn a bla… --- ## [Unplanned discharge](https://forum.mentalhealthlaw.co.uk/t/unplanned-discharge/874)
**Author:** [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\ **Replies:** 1\ **Last updated:** [25 June 2022 07:46 UTC](https://forum.mentalhealthlaw.co.uk/t/unplanned-discharge/874 "2022-06-25T07:46:33Z")
S3 patient without capacity in a brain injury unit has physical illness requiring admission to the general hospital. Physical state is now such that returning to the hospital is not appropriate and a nursing placement n… --- ## [Deferred RC Discharge - Can this be revoked?](https://forum.mentalhealthlaw.co.uk/t/deferred-rc-discharge-can-this-be-revoked/1016)
**Author:** [@helenlink](https://forum.mentalhealthlaw.co.uk/u/helenlink)\ **Replies:** 3\ **Last updated:** [24 June 2022 10:17 UTC](https://forum.mentalhealthlaw.co.uk/t/deferred-rc-discharge-can-this-be-revoked/1016 "2022-06-24T10:17:18Z")
We have a situation regarding the discharge of a S37 patient. The RC completed a S23(2)(A) Form on 21/06/22 to discarge the patient from section, however they deferred the discharge to 24/06/22. Pt on S17 leave until t… --- ## [Capacity assessment changing over time](https://forum.mentalhealthlaw.co.uk/t/capacity-assessment-changing-over-time/1020)
**Author:** [@Dandyman](https://forum.mentalhealthlaw.co.uk/u/Dandyman)\ **Replies:** 1\ **Last updated:** [24 June 2022 09:57 UTC](https://forum.mentalhealthlaw.co.uk/t/capacity-assessment-changing-over-time/1020 "2022-06-24T09:57:40Z")
What can happen when a judge makes an order stating that P’s got capacity in all areas and a few years later another judge in an order states" P lacks capacity in all areas" ! What are the Legal ramifications here? --- ## [15 year old who has capacity - contact with parents](https://forum.mentalhealthlaw.co.uk/t/15-year-old-who-has-capacity-contact-with-parents/982)
**Author:** [@ASA](https://forum.mentalhealthlaw.co.uk/u/ASA)\ **Replies:** 3\ **Last updated:** [23 June 2022 15:06 UTC](https://forum.mentalhealthlaw.co.uk/t/15-year-old-who-has-capacity-contact-with-parents/982 "2022-06-23T15:06:26Z")
A 15 yr old with autism has expressed to varying professionals including his advocate, that he does not want any contact with his father, only his mother. The CaFCASS worker has made recommendations that the lad should k… --- ## [Is there a limitation for mental / vulnerable people to apply to tbe courts in civil / appeal cases against an authority to have their case heard or are they exempt of limitations due to their condition](https://forum.mentalhealthlaw.co.uk/t/is-there-a-limitation-for-mental-vulnerable-people-to-apply-to-tbe-courts-in-civil-appeal-cases-against-an-authority-to-have-their-case-heard-or-are-they-exempt-of-limitations-due-to-their-condition/1006)
**Author:** [@Tony](https://forum.mentalhealthlaw.co.uk/u/Tony)\ **Replies:** 1\ **Last updated:** [22 June 2022 22:06 UTC](https://forum.mentalhealthlaw.co.uk/t/is-there-a-limitation-for-mental-vulnerable-people-to-apply-to-tbe-courts-in-civil-appeal-cases-against-an-authority-to-have-their-case-heard-or-are-they-exempt-of-limitations-due-to-their-condition/1006 "2022-06-22T22:06:02Z")
This issue is regarding mental health and vulnerable people in court in civil cases and court of appeal ( hmcts ) time limits for mental / vulnerablr adults appealing against a decision by a authority . Case scenario… --- ## [Vulnerable adult can travel to paedophile partner in Brazil](https://forum.mentalhealthlaw.co.uk/t/vulnerable-adult-can-travel-to-paedophile-partner-in-brazil/885)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 5\ **Last updated:** [22 June 2022 13:24 UTC](https://forum.mentalhealthlaw.co.uk/t/vulnerable-adult-can-travel-to-paedophile-partner-in-brazil/885 "2022-06-22T13:24:54Z")
A lot of capacity/COP judgments are disturbing in one way or another, but this one stood out from the crowd: London Borough of Islington v EF \[2022\] EWHC 803 (Fam). I’m genuinely not sure whether the judge was right abo… --- ## [Responsibility of agencies for families](https://forum.mentalhealthlaw.co.uk/t/responsibility-of-agencies-for-families/999)
**Author:** [@JTL](https://forum.mentalhealthlaw.co.uk/u/JTL)\ **Replies:** 0\ **Last updated:** [19 June 2022 08:57 UTC](https://forum.mentalhealthlaw.co.uk/t/responsibility-of-agencies-for-families/999 "2022-06-19T08:57:25Z")
Can anyone advise what recourse a family has in the following circumstances and does the mental health team caring for the man have a duty of care for the family? He is suffering from a manic relapse of a bilpolar illnes… --- ## [Adjourned hearing fee](https://forum.mentalhealthlaw.co.uk/t/adjourned-hearing-fee/975)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 12\ **Last updated:** [18 June 2022 14:29 UTC](https://forum.mentalhealthlaw.co.uk/t/adjourned-hearing-fee/975 "2022-06-18T14:29:59Z")
How many units do the LAA require before an adjournment fee can be claimed for an online MHT? This seems to have slipped my mind and I can’t find the info anywhere. --- ## [Administration of Covert Medication for people detained under the Mental Health Act](https://forum.mentalhealthlaw.co.uk/t/administration-of-covert-medication-for-people-detained-under-the-mental-health-act/991)
**Author:** [@JamesCodling](https://forum.mentalhealthlaw.co.uk/u/JamesCodling)\ **Replies:** 6\ **Last updated:** [18 June 2022 13:51 UTC](https://forum.mentalhealthlaw.co.uk/t/administration-of-covert-medication-for-people-detained-under-the-mental-health-act/991 "2022-06-18T13:51:19Z")
I was asked a question about the administration of Covert Medication when the person is currently detained in a psychiatric hospital under the provisions of the Mental Health Act. This is not an area I am personally conf… --- ## [DOLS and contact with family](https://forum.mentalhealthlaw.co.uk/t/dols-and-contact-with-family/966)
**Author:** [@Dandyman](https://forum.mentalhealthlaw.co.uk/u/Dandyman)\ **Replies:** 7\ **Last updated:** [10 June 2022 13:58 UTC](https://forum.mentalhealthlaw.co.uk/t/dols-and-contact-with-family/966 "2022-06-10T13:58:08Z")
Do you think it is right to leave a family out from DOLS for my incapacititious adult son renewals and prevent contact with Family who has done no wrong while, they lie and sya “P has full Capacity” but, P is being Depri… --- ## [MHA Free Form Project](https://forum.mentalhealthlaw.co.uk/t/mha-free-form-project/895)
**Author:** [@m-ffp](https://forum.mentalhealthlaw.co.uk/u/m-ffp)\ **Replies:** 4\ **Last updated:** [10 June 2022 13:40 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-free-form-project/895 "2022-06-10T13:40:47Z")
Hi All Mike here from the MHA Free Form Project. I hope the forms are proving useful. If you have any feedback, questions or suggestions for future releases please leave them here. The more interest there is in the form… --- ## [Capacity v Best Interest](https://forum.mentalhealthlaw.co.uk/t/capacity-v-best-interest/972)
**Author:** [@KHR](https://forum.mentalhealthlaw.co.uk/u/KHR)\ **Replies:** 6\ **Last updated:** [5 June 2022 09:36 UTC](https://forum.mentalhealthlaw.co.uk/t/capacity-v-best-interest/972 "2022-06-05T09:36:53Z")
A patient with dementia currently has capacity, and thus able to make unwise decisions. If that patient is fully aware of their condition and for example now experiencing swallowing difficulties and the consequences of a… --- ## [Can DOLS sit together with section 2 MHA](https://forum.mentalhealthlaw.co.uk/t/can-dols-sit-together-with-section-2-mha/961)
**Author:** [@HFS](https://forum.mentalhealthlaw.co.uk/u/HFS)\ **Replies:** 1\ **Last updated:** [30 May 2022 08:09 UTC](https://forum.mentalhealthlaw.co.uk/t/can-dols-sit-together-with-section-2-mha/961 "2022-05-30T08:09:39Z")
A family court order DOLS to continue at a review hearing in circumstances where the patient has since been detained under s2? The original DOLS was made in APRIL to last till July. Review hearing set up May. This conce… --- ## [Repeated use of s5(2)](https://forum.mentalhealthlaw.co.uk/t/repeated-use-of-s5-2/957)
**Author:** [@desiwilliams](https://forum.mentalhealthlaw.co.uk/u/desiwilliams)\ **Replies:** 5\ **Last updated:** [30 May 2022 08:54 UTC](https://forum.mentalhealthlaw.co.uk/t/repeated-use-of-s5-2/957 "2022-05-30T08:54:38Z")
Got a situation where a patient has been placed on s5(2) and in the last hour of the 72, was told there was no AMHP but they would be putting another 5(2) in place. The notes reflect this. In the MHA manual it states ‘a… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=28) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=30)