# Law and practice **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=3 [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:** 4 --- ## [CTO Patient in Prison - MH Deteriorating - Recall on CTO or Forensic Order?](https://forum.mentalhealthlaw.co.uk/t/cto-patient-in-prison-mh-deteriorating-recall-on-cto-or-forensic-order/5289)
**Author:** [@A.Ramsden](https://forum.mentalhealthlaw.co.uk/u/A.Ramsden)\ **Replies:** 3\ **Last updated:** [16 March 2026 17:35 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-patient-in-prison-mh-deteriorating-recall-on-cto-or-forensic-order/5289 "2026-03-16T17:35:58Z")
I am a MHAO, we have a patient serving a 14 week sentence in prison. He is subject to a CTO. The Prison have contacted the RC as the patient is refusing his medication and his mental health has deteriorated. They believe… --- ## [Why distribution of minutes from CPA requires proof of address](https://forum.mentalhealthlaw.co.uk/t/why-distribution-of-minutes-from-cpa-requires-proof-of-address/5356)
**Author:** [@JoDee](https://forum.mentalhealthlaw.co.uk/u/JoDee)\ **Replies:** 0\ **Last updated:** [20 March 2026 08:28 UTC](https://forum.mentalhealthlaw.co.uk/t/why-distribution-of-minutes-from-cpa-requires-proof-of-address/5356 "2026-03-20T08:28:33Z")
Is anyone able to point me to legislation that explains why my son’s hospital wants me to send them ID over email (which I did) and are now asking for proof of address (over email) before sending me minutes from a CPA m… --- ## [Secretary of State's reports on use of force](https://forum.mentalhealthlaw.co.uk/t/secretary-of-states-reports-on-use-of-force/5295)
**Author:** [@Nickwoo](https://forum.mentalhealthlaw.co.uk/u/Nickwoo)\ **Replies:** 2\ **Last updated:** [19 March 2026 16:48 UTC](https://forum.mentalhealthlaw.co.uk/t/secretary-of-states-reports-on-use-of-force/5295 "2026-03-19T16:48:24Z")
Hello, The Mental Health Units (Use of Force) Act 2018 has a couple of ‘prospective’ sections about the Secretary of State publishing annual statistics about the use of force in MH units, and of carrying out reviews and… --- ## [How long a patient can be detained in a medical hospital until there is space available in a psychiatric unit?](https://forum.mentalhealthlaw.co.uk/t/how-long-a-patient-can-be-detained-in-a-medical-hospital-until-there-is-space-available-in-a-psychiatric-unit/5096)
**Author:** [@Luna](https://forum.mentalhealthlaw.co.uk/u/Luna)\ **Replies:** 11\ **Last updated:** [18 March 2026 21:22 UTC](https://forum.mentalhealthlaw.co.uk/t/how-long-a-patient-can-be-detained-in-a-medical-hospital-until-there-is-space-available-in-a-psychiatric-unit/5096 "2026-03-18T21:22:40Z")
Hi I would appreciate any legal knowledge as to how long a patient can be detained in a medical hospital if there is no space available in a psychiatric unit? My daughter (adult) has been placed on a section 2 and has be… --- ## [CTO Patient in ED - Recalled elsewhere](https://forum.mentalhealthlaw.co.uk/t/cto-patient-in-ed-recalled-elsewhere/5302)
**Author:** [@lkerosevic](https://forum.mentalhealthlaw.co.uk/u/lkerosevic)\ **Replies:** 3\ **Last updated:** [18 March 2026 18:45 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-patient-in-ed-recalled-elsewhere/5302 "2026-03-18T18:45:46Z")
What do we think about this hypothetical situation where a person is recalled to Hospital A but turns up/brought by police/LAS/self presents at A&E in Hospital B (with or without a physical health issue). Can we reissue… --- ## [When is someone considered detained under Section 2?](https://forum.mentalhealthlaw.co.uk/t/when-is-someone-considered-detained-under-section-2/4345)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 5\ **Last updated:** [11 March 2026 16:52 UTC](https://forum.mentalhealthlaw.co.uk/t/when-is-someone-considered-detained-under-section-2/4345 "2026-03-11T16:52:32Z")
When is someone considered detained under Section 2 of the Mental Health Act 1983? Is it when the AMHP signs the application, or when the H3 form is completed? --- ## [Displacing Nearest relative](https://forum.mentalhealthlaw.co.uk/t/displacing-nearest-relative/5274)
**Author:** [@ECl](https://forum.mentalhealthlaw.co.uk/u/ECl)\ **Replies:** 3\ **Last updated:** [5 March 2026 09:06 UTC](https://forum.mentalhealthlaw.co.uk/t/displacing-nearest-relative/5274 "2026-03-05T09:06:37Z")
When displacing Nearest Relative would the patients usual solicitor help with this or a different one with a specialism? --- ## [Concerned member of the public: Section 37/41 duration and conditions](https://forum.mentalhealthlaw.co.uk/t/concerned-member-of-the-public-section-37-41-duration-and-conditions/5259)
**Author:** [@Zanzibar](https://forum.mentalhealthlaw.co.uk/u/Zanzibar)\ **Replies:** 8\ **Last updated:** [4 March 2026 11:41 UTC](https://forum.mentalhealthlaw.co.uk/t/concerned-member-of-the-public-section-37-41-duration-and-conditions/5259 "2026-03-04T11:41:28Z")
Hello there, I have a query about the likely length of a hospital order. Someone nearby is currently on a section 37/41 hospital order after pleading guilty to manslaughter. Given their age the court did not give a cust… --- ## [Lawyer Advice](https://forum.mentalhealthlaw.co.uk/t/lawyer-advice/5223)
**Author:** [@anonymous60](https://forum.mentalhealthlaw.co.uk/u/anonymous60)\ **Replies:** 3\ **Last updated:** [3 March 2026 21:34 UTC](https://forum.mentalhealthlaw.co.uk/t/lawyer-advice/5223 "2026-03-03T21:34:36Z")
Hello. I am seeking advice on potential Human Rights Act claims following prolonged detention after a successful Mental Health Tribunal discharge and significant Parole Board delays. I have now been released on licence.… --- ## [Prison sentence concurrent with s37/41](https://forum.mentalhealthlaw.co.uk/t/prison-sentence-concurrent-with-s37-41/4522)
**Author:** [@anonymous](https://forum.mentalhealthlaw.co.uk/u/anonymous)\ **Replies:** 30\ **Last updated:** [2 March 2026 10:11 UTC](https://forum.mentalhealthlaw.co.uk/t/prison-sentence-concurrent-with-s37-41/4522 "2026-03-02T10:11:16Z")
We have a s37/41 who has committed a criminal offence whilst detained . The Dr wants the matter dealt with by criminal courts . Is it possible for the criminal courts to give a prison sentence of custody that is concurr… --- ## [Nottingham Inquiry -- evidence about CTO and s117](https://forum.mentalhealthlaw.co.uk/t/nottingham-inquiry-evidence-about-cto-and-s117/5225)
**Author:** [@jonesrm](https://forum.mentalhealthlaw.co.uk/u/jonesrm)\ **Replies:** 3\ **Last updated:** [28 February 2026 15:11 UTC](https://forum.mentalhealthlaw.co.uk/t/nottingham-inquiry-evidence-about-cto-and-s117/5225 "2026-02-28T15:11:51Z")
Can anyone explain how this statement came to be made in the evidence submitted to the enquiry by Nottingham City Council: “44.At no stage prior to 13 June 2023 was a CTO effected at the point of VC’s discharge from psy… --- ## [MHA 2025, S.117 and the deeming provision: have they gone and (not) done it again?](https://forum.mentalhealthlaw.co.uk/t/mha-2025-s-117-and-the-deeming-provision-have-they-gone-and-not-done-it-again/5208)
**Author:** [@TimGorvett](https://forum.mentalhealthlaw.co.uk/u/TimGorvett)\ **Replies:** 13\ **Last updated:** [28 February 2026 12:12 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-2025-s-117-and-the-deeming-provision-have-they-gone-and-not-done-it-again/5208 "2026-02-28T12:12:51Z")
Looking at the new 2025 MH Act which popped out by surprise just before Xmas-only 25 years in the making-but baffled by what I am seeing in s.46(3A) about the re-definition of ordinary residence and therefore the determi… --- ## [CTO statutory criteria](https://forum.mentalhealthlaw.co.uk/t/cto-statutory-criteria/100)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 3\ **Last updated:** [26 February 2026 23:00 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-statutory-criteria/100 "2026-02-26T23:00:37Z")
Does anyone know whether there has been a challenge to the CTO statutory criteria on the basis that the patient only needs to have a Mental disorder of a nature and degree making it appropriate for him to need medical tr… --- ## [Patient on S3 goes AWOL and travels abroad for longer than a year - what happens?](https://forum.mentalhealthlaw.co.uk/t/patient-on-s3-goes-awol-and-travels-abroad-for-longer-than-a-year-what-happens/5221)
**Author:** [@Christoph](https://forum.mentalhealthlaw.co.uk/u/Christoph)\ **Replies:** 12\ **Last updated:** [24 February 2026 17:12 UTC](https://forum.mentalhealthlaw.co.uk/t/patient-on-s3-goes-awol-and-travels-abroad-for-longer-than-a-year-what-happens/5221 "2026-02-24T17:12:13Z")
Scenario: Inpatient on S3 of the MHA has gone abroad for over a year now and is living abroad without any idea if he/she will be coming back. What would happen and what a consultant have to decide based on this and kno… --- ## [Nottingham Public Inquiry](https://forum.mentalhealthlaw.co.uk/t/nottingham-public-inquiry/5217)
**Author:** [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\ **Replies:** 1\ **Last updated:** [24 February 2026 12:03 UTC](https://forum.mentalhealthlaw.co.uk/t/nottingham-public-inquiry/5217 "2026-02-24T12:03:23Z")
The Nottingham Public Inquiry started yesterday Proceedings are being live-streamed on the Inquiry’s Youtube channel - https://www.youtube.com/@thenottinghaminquiry Transcripts of testimony are being made available at … --- ## [Information suddenly withdrawn — nearest relative/advocate question](https://forum.mentalhealthlaw.co.uk/t/information-suddenly-withdrawn-nearest-relative-advocate-question/5193)
**Author:** [@MetaphorMuse](https://forum.mentalhealthlaw.co.uk/u/MetaphorMuse)\ **Replies:** 5\ **Last updated:** [19 February 2026 09:14 UTC](https://forum.mentalhealthlaw.co.uk/t/information-suddenly-withdrawn-nearest-relative-advocate-question/5193 "2026-02-19T09:14:52Z")
I used to receive information as an adult’s advocate/nearest relative, but recently multiple services have stopped sharing anything and say they ‘don’t have permission’. They also claim they haven’t been told about my ro… --- ## [Compensation Payment Tariff in Secure Hospitals](https://forum.mentalhealthlaw.co.uk/t/compensation-payment-tariff-in-secure-hospitals/5189)
**Author:** [@ZacSussex](https://forum.mentalhealthlaw.co.uk/u/ZacSussex)\ **Replies:** 1\ **Last updated:** [17 February 2026 11:24 UTC](https://forum.mentalhealthlaw.co.uk/t/compensation-payment-tariff-in-secure-hospitals/5189 "2026-02-17T11:24:43Z")
Recently had a colleague conduct a police interview for a previous client in a high secure hospital who lacks capacity in all domains. This client admitted to a low level assault on staff. I was advised that the hospita… --- ## [Patient detained on S3 gone AWOL abroad - S3 expires and still not returned - what happens?](https://forum.mentalhealthlaw.co.uk/t/patient-detained-on-s3-gone-awol-abroad-s3-expires-and-still-not-returned-what-happens/5136)
**Author:** [@Christoph](https://forum.mentalhealthlaw.co.uk/u/Christoph)\ **Replies:** 10\ **Last updated:** [15 February 2026 20:46 UTC](https://forum.mentalhealthlaw.co.uk/t/patient-detained-on-s3-gone-awol-abroad-s3-expires-and-still-not-returned-what-happens/5136 "2026-02-15T20:46:36Z")
Hi everyone, I have case whereby a patient who is detained under S3 has gone AWOL from an inpatient ward in the UK. The patient at hand has gone abroad but nobody knows where to. It has been 6 weeks now and the patient… --- ## [What percentage of people who are sectioned have nothing wrong with them?](https://forum.mentalhealthlaw.co.uk/t/what-percentage-of-people-who-are-sectioned-have-nothing-wrong-with-them/5186)
**Author:** [@Andrew](https://forum.mentalhealthlaw.co.uk/u/Andrew)\ **Replies:** 0\ **Last updated:** [15 February 2026 17:22 UTC](https://forum.mentalhealthlaw.co.uk/t/what-percentage-of-people-who-are-sectioned-have-nothing-wrong-with-them/5186 "2026-02-15T17:22:54Z")
Arising from your comment I wonder what percentage of people who are sectioned have nothing wrong with them. Anyone got any stats? --- ## [Health & Welfare attorneys and Mental Capacity Assessment](https://forum.mentalhealthlaw.co.uk/t/health-welfare-attorneys-and-mental-capacity-assessment/5084)
**Author:** [@Moojie](https://forum.mentalhealthlaw.co.uk/u/Moojie)\ **Replies:** 6\ **Last updated:** [3 February 2026 19:32 UTC](https://forum.mentalhealthlaw.co.uk/t/health-welfare-attorneys-and-mental-capacity-assessment/5084 "2026-02-03T19:32:47Z")
A mental capacity assessment is being carried out for the court under a s21A appeal for my partner by a LA social worker. He has said he wants to do it over 2 sessions on a one-to-one basis, and has asked the 3 appointed… --- ## [CTO renewal papers (part 4 pre-dates parts 1,2 and 3)](https://forum.mentalhealthlaw.co.uk/t/cto-renewal-papers-part-4-pre-dates-parts-1-2-and-3/5077)
**Author:** [@JoeRobinson](https://forum.mentalhealthlaw.co.uk/u/JoeRobinson)\ **Replies:** 4\ **Last updated:** [3 February 2026 09:54 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-renewal-papers-part-4-pre-dates-parts-1-2-and-3/5077 "2026-02-03T09:54:40Z")
Good morning, if there are CTO renewal where part 4 pre-dates parts 1,2 and 3 what does that mean for the CTO if it has since been renewed on a number of occasions since then? Would it make the CTO invalid? And does the … --- ## [FOIA request to NHS England: Section 135/136 Mental Health Act Detentions, subsequent Common Law Detentions and other actions](https://forum.mentalhealthlaw.co.uk/t/foia-request-to-nhs-england-section-135-136-mental-health-act-detentions-subsequent-common-law-detentions-and-other-actions/3416)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 12\ **Last updated:** [3 February 2026 00:13 UTC](https://forum.mentalhealthlaw.co.uk/t/foia-request-to-nhs-england-section-135-136-mental-health-act-detentions-subsequent-common-law-detentions-and-other-actions/3416 "2026-02-03T00:13:53Z")
Following on from this National Nightmares: s136(2A) and s136B time limits - Law and practice / Mental Health Act - MHLO Forum, suggestions from 7 people to act outside the law (aka ultra vires) and my knowledge of a nat… --- ## [S135 actioned without warrant](https://forum.mentalhealthlaw.co.uk/t/s135-actioned-without-warrant/5069)
**Author:** [@BTapper1221](https://forum.mentalhealthlaw.co.uk/u/BTapper1221)\ **Replies:** 4\ **Last updated:** [31 January 2026 22:05 UTC](https://forum.mentalhealthlaw.co.uk/t/s135-actioned-without-warrant/5069 "2026-01-31T22:05:19Z")
Hi all, I’m after a bit of advice if possible. Last September I had a forced entry by police to action a S135. I’ve got confirmation from the trust, the police and the council they do not have copies of the warrant and… --- ## [DOH Referral - withdrawing](https://forum.mentalhealthlaw.co.uk/t/doh-referral-withdrawing/576)
**Author:** [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\ **Replies:** 21\ **Last updated:** [30 January 2026 16:08 UTC](https://forum.mentalhealthlaw.co.uk/t/doh-referral-withdrawing/576 "2026-01-30T16:08:31Z")
DOH referred my client as her application was not processed by the MHAA in time. Client now wishes to withdraw but the Tribunal are insisting that the patient cannot withdraw her application and it must be done by the D… --- ## [Is the quality of Tribunal decisions declining?](https://forum.mentalhealthlaw.co.uk/t/is-the-quality-of-tribunal-decisions-declining/5028)
**Author:** [@DeborahR](https://forum.mentalhealthlaw.co.uk/u/DeborahR)\ **Replies:** 9\ **Last updated:** [30 January 2026 10:09 UTC](https://forum.mentalhealthlaw.co.uk/t/is-the-quality-of-tribunal-decisions-declining/5028 "2026-01-30T10:09:28Z")
I am a bit delayed in posting this, but I recently represented a client in a successful appeal to the Upper Tribunal based on the adequacy of the First-tier Tribunal (Mental Health)'s written reasons. It’s not a particul… --- ## [Ongoing lack of S117](https://forum.mentalhealthlaw.co.uk/t/ongoing-lack-of-s117/4944)
**Author:** [@afterwhatcare](https://forum.mentalhealthlaw.co.uk/u/afterwhatcare)\ **Replies:** 14\ **Last updated:** [30 January 2026 10:00 UTC](https://forum.mentalhealthlaw.co.uk/t/ongoing-lack-of-s117/4944 "2026-01-30T10:00:47Z")
Hello, I am seeking advice on my current situation. I was detained for 3 years as an adolescent under numerous Section 3s between 2013-2017. Despite this invasive and extensive input, I have had no Section 117 aftercar… --- ## [Independent reports](https://forum.mentalhealthlaw.co.uk/t/independent-reports/5052)
**Author:** [@Cheryl](https://forum.mentalhealthlaw.co.uk/u/Cheryl)\ **Replies:** 2\ **Last updated:** [29 January 2026 14:34 UTC](https://forum.mentalhealthlaw.co.uk/t/independent-reports/5052 "2026-01-29T14:34:26Z")
Is anyone else finding it difficult to obtain an independent Psychiatric report for MHT’s? I have been told by some Dr’s it is because of the low rates paid under LA, they are not prepared to do them. I used an agency l… --- ## [Refusing treatment and wanting treatment on another ward because of past trauma and complaints](https://forum.mentalhealthlaw.co.uk/t/refusing-treatment-and-wanting-treatment-on-another-ward-because-of-past-trauma-and-complaints/5051)
**Author:** [@Christoph](https://forum.mentalhealthlaw.co.uk/u/Christoph)\ **Replies:** 5\ **Last updated:** [29 January 2026 08:54 UTC](https://forum.mentalhealthlaw.co.uk/t/refusing-treatment-and-wanting-treatment-on-another-ward-because-of-past-trauma-and-complaints/5051 "2026-01-29T08:54:56Z")
Hi, I have a case whereby a patient is saying due to previous trauma and serious complaints that they have had in the past on the ward that they are being admitted to. There is another ward which they have been on befor… --- ## [Scope of tribunal's power under s72 to recommend leave](https://forum.mentalhealthlaw.co.uk/t/scope-of-tribunals-power-under-s72-to-recommend-leave/3292)
**Author:** [@Lyndall](https://forum.mentalhealthlaw.co.uk/u/Lyndall)\ **Replies:** 4\ **Last updated:** [26 January 2026 20:32 UTC](https://forum.mentalhealthlaw.co.uk/t/scope-of-tribunals-power-under-s72-to-recommend-leave/3292 "2026-01-26T20:32:59Z")
On a recent case I made an application for a statutory recommendation for unescorted leave and was informed that this can only be made where a patient has no leave whatsoever. I have always interpreted this provision as … --- ## [Two medical recommendations for s2 which are 99.9% identical](https://forum.mentalhealthlaw.co.uk/t/two-medical-recommendations-for-s2-which-are-99-9-identical/4885)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 12\ **Last updated:** [26 January 2026 09:46 UTC](https://forum.mentalhealthlaw.co.uk/t/two-medical-recommendations-for-s2-which-are-99-9-identical/4885 "2026-01-26T09:46:51Z")
Hi Following medical scrutiny of two electronic s2 medical recommendations the doctor has queried the legality of the detention after it had become apparent that the medical opinion given on the two separate forms were … [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=2) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=4)