# Law and practice **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=30 [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:** 31 --- ## [Can a NR delegate to the local authority](https://forum.mentalhealthlaw.co.uk/t/can-a-nr-delegate-to-the-local-authority/946)
**Author:** [@Sturner](https://forum.mentalhealthlaw.co.uk/u/Sturner)\ **Replies:** 11\ **Last updated:** [25 May 2022 14:46 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-nr-delegate-to-the-local-authority/946 "2022-05-25T14:46:35Z")
Hello I have a case where NR lacks capacity with regards to NR powers but is accessed to have capacity to delegate his powers. He is clear he wants to delegate to the local authority not any of the family members. The… --- ## [Care home top up fees and bank details](https://forum.mentalhealthlaw.co.uk/t/care-home-top-up-fees-and-bank-details/926)
**Author:** [@AJM](https://forum.mentalhealthlaw.co.uk/u/AJM)\ **Replies:** 4\ **Last updated:** [20 May 2022 16:51 UTC](https://forum.mentalhealthlaw.co.uk/t/care-home-top-up-fees-and-bank-details/926 "2022-05-20T16:51:16Z")
Is it usual to request a patients bank account details (incl account number, sort code) when arranging S117 care home discharge? Has anybody come accross this practice? Thanks AJM --- ## [What is the offence if someone assists a forensic inpatient abscond?](https://forum.mentalhealthlaw.co.uk/t/what-is-the-offence-if-someone-assists-a-forensic-inpatient-abscond/934)
**Author:** [@Beelawtutor](https://forum.mentalhealthlaw.co.uk/u/Beelawtutor)\ **Replies:** 5\ **Last updated:** [18 May 2022 17:17 UTC](https://forum.mentalhealthlaw.co.uk/t/what-is-the-offence-if-someone-assists-a-forensic-inpatient-abscond/934 "2022-05-18T17:17:43Z")
S128 applies to those under Part II. what about those under forensic section e.g. 35,36,38, etc . (S37 and S37/41 come under Part II for AWOL/absconding). this is just an academic question. thank you --- ## [Discharge from care home](https://forum.mentalhealthlaw.co.uk/t/discharge-from-care-home/909)
**Author:** [@Andred](https://forum.mentalhealthlaw.co.uk/u/Andred)\ **Replies:** 2\ **Last updated:** [17 May 2022 12:07 UTC](https://forum.mentalhealthlaw.co.uk/t/discharge-from-care-home/909 "2022-05-17T12:07:25Z")
Who can discharge from a care home, --- ## [Bail in criminal proceedings to a hospital](https://forum.mentalhealthlaw.co.uk/t/bail-in-criminal-proceedings-to-a-hospital/928)
**Author:** [@JamesMcAulay2022](https://forum.mentalhealthlaw.co.uk/u/JamesMcAulay2022)\ **Replies:** 6\ **Last updated:** [16 May 2022 17:52 UTC](https://forum.mentalhealthlaw.co.uk/t/bail-in-criminal-proceedings-to-a-hospital/928 "2022-05-16T17:52:47Z")
Hello everyone In a murder case can a person be bailed with a condition of residence (not for psychiatric reports) to a mental health hospital where they are detained under Section 3? Not going to be a Section 35,36 or… --- ## [Guide for CD Patient](https://forum.mentalhealthlaw.co.uk/t/guide-for-cd-patient/921)
**Author:** [@RitaPKenny](https://forum.mentalhealthlaw.co.uk/u/RitaPKenny)\ **Replies:** 2\ **Last updated:** [13 May 2022 14:05 UTC](https://forum.mentalhealthlaw.co.uk/t/guide-for-cd-patient/921 "2022-05-13T14:05:26Z")
Hi I’m trying to locate a leaflet for patient who has been conditionally discharged and wants to apply for absolute discharge. Thanks Rita --- ## [Timeframe for Subject Access Request](https://forum.mentalhealthlaw.co.uk/t/timeframe-for-subject-access-request/925)
**Author:** [@AJM](https://forum.mentalhealthlaw.co.uk/u/AJM)\ **Replies:** 2\ **Last updated:** [10 May 2022 10:37 UTC](https://forum.mentalhealthlaw.co.uk/t/timeframe-for-subject-access-request/925 "2022-05-10T10:37:09Z")
How long will it take for SAR request? I know it can be up to 1 month but is this usual? Any info on SAR welcome. Thanks --- ## [Historical misidentification of nearest relative](https://forum.mentalhealthlaw.co.uk/t/historical-misidentification-of-nearest-relative/906)
**Author:** [@anonymous8](https://forum.mentalhealthlaw.co.uk/u/anonymous8)\ **Replies:** 11\ **Last updated:** [9 May 2022 16:22 UTC](https://forum.mentalhealthlaw.co.uk/t/historical-misidentification-of-nearest-relative/906 "2022-05-09T16:22:59Z")
Hi, if an incorrect Nearest Relative was consulted on a section 3 application ten years ago and the section 3 remains in place, in what circumstances could the section be unlawful? The application by the AMHP states that… --- ## [Striking out due to incapacity to apply](https://forum.mentalhealthlaw.co.uk/t/striking-out-due-to-incapacity-to-apply/908)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 7\ **Last updated:** [4 May 2022 13:14 UTC](https://forum.mentalhealthlaw.co.uk/t/striking-out-due-to-incapacity-to-apply/908 "2022-05-04T13:14:15Z")
We represented a patient at a s2 Tribunal appointed under Rule 11(b). A member of the ward staff had made the application to the tribunal on behalf of the patient. They were not available to give evidence about this but… --- ## [When is a P "admitted" under s.2 MHA?](https://forum.mentalhealthlaw.co.uk/t/when-is-a-p-admitted-under-s-2-mha/668)
**Author:** [@IANCAMPBELL](https://forum.mentalhealthlaw.co.uk/u/IANCAMPBELL)\ **Replies:** 15\ **Last updated:** [28 April 2022 11:08 UTC](https://forum.mentalhealthlaw.co.uk/t/when-is-a-p-admitted-under-s-2-mha/668 "2022-04-28T11:08:05Z")
When is a P “admitted” under s.2 MHA? H3 records that P admitted 1 am on 5.10.21 Care notes record that P came to the hospital on the evening of the 4.10.21 and was in bed before midnight. s.2(4) says section 2 starts… --- ## [S38 Mental Health Act](https://forum.mentalhealthlaw.co.uk/t/s38-mental-health-act/867)
**Author:** [@Mini100](https://forum.mentalhealthlaw.co.uk/u/Mini100)\ **Replies:** 2\ **Last updated:** [27 April 2022 10:54 UTC](https://forum.mentalhealthlaw.co.uk/t/s38-mental-health-act/867 "2022-04-27T10:54:53Z")
Hi All, can you assist with this query related to Pt 3 (forensic) of MHA? S38 (3) states “at least one of the registered medical practitioners whose evidence is taken into account…shall be employed at the hospital whi… --- ## [Conditional discharge, deportation, immigration advice](https://forum.mentalhealthlaw.co.uk/t/conditional-discharge-deportation-immigration-advice/891)
**Author:** [@Neil](https://forum.mentalhealthlaw.co.uk/u/Neil)\ **Replies:** 3\ **Last updated:** [25 April 2022 09:43 UTC](https://forum.mentalhealthlaw.co.uk/t/conditional-discharge-deportation-immigration-advice/891 "2022-04-25T09:43:43Z")
Hello Folks, a client has received a deportation liability notice 2 weeks after securing a conditional discharge from the Tribunal (this seems to be happening more and more, I’m not sure what’s afoot at the Home Office).… --- ## [Rectifiable error - Section 15](https://forum.mentalhealthlaw.co.uk/t/rectifiable-error-section-15/888)
**Author:** [@Saralou50](https://forum.mentalhealthlaw.co.uk/u/Saralou50)\ **Replies:** 1\ **Last updated:** [21 April 2022 15:54 UTC](https://forum.mentalhealthlaw.co.uk/t/rectifiable-error-section-15/888 "2022-04-21T15:54:40Z")
Quick question If an applicant has omitted to putthe date of assessment on the application but has dated the form would this be rectifiable under Section 15? --- ## [Judicial Review](https://forum.mentalhealthlaw.co.uk/t/judicial-review/887)
**Author:** [@catherine](https://forum.mentalhealthlaw.co.uk/u/catherine)\ **Replies:** 0\ **Last updated:** [21 April 2022 09:49 UTC](https://forum.mentalhealthlaw.co.uk/t/judicial-review/887 "2022-04-21T09:49:31Z")
Hi. I have a client who I’ve been assisting in relation to his FTT. There’s a potential JR re him being transferred and thereafter discharged to an area to which he has no links, but which has 117 responsibility. I need … --- ## [Dangerousness - Residual Discretion](https://forum.mentalhealthlaw.co.uk/t/dangerousness-residual-discretion/873)
**Author:** [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\ **Replies:** 3\ **Last updated:** [14 April 2022 09:25 UTC](https://forum.mentalhealthlaw.co.uk/t/dangerousness-residual-discretion/873 "2022-04-14T09:25:24Z")
I have long been aware of the Managers residual discretion not to discharge even where the dangerousness criteria are not met but I had never actually come across it in practicality. Unfortunately the N/R who made the a… --- ## [Managers Hearings and the decision](https://forum.mentalhealthlaw.co.uk/t/managers-hearings-and-the-decision/858)
**Author:** [@Mari](https://forum.mentalhealthlaw.co.uk/u/Mari)\ **Replies:** 11\ **Last updated:** [12 April 2022 16:59 UTC](https://forum.mentalhealthlaw.co.uk/t/managers-hearings-and-the-decision/858 "2022-04-12T16:59:30Z")
It is common practice at one establishement where I sit for there to be recommendations follwoing the written decison with the instruction that the recommendations are not be shared with the patient . I was infor… --- ## [S3 leaflets in Thai](https://forum.mentalhealthlaw.co.uk/t/s3-leaflets-in-thai/854)
**Author:** [@HelenR](https://forum.mentalhealthlaw.co.uk/u/HelenR)\ **Replies:** 1\ **Last updated:** [11 April 2022 17:59 UTC](https://forum.mentalhealthlaw.co.uk/t/s3-leaflets-in-thai/854 "2022-04-11T17:59:06Z")
Hiya, Does anyone have s3 leaflets in Thai that they could share? I’ve tried the usual suspects! Thanks, Helen --- ## [CTO Renewal Invalid?](https://forum.mentalhealthlaw.co.uk/t/cto-renewal-invalid/863)
**Author:** [@JoeRobinson](https://forum.mentalhealthlaw.co.uk/u/JoeRobinson)\ **Replies:** 3\ **Last updated:** [11 April 2022 17:44 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-renewal-invalid/863 "2022-04-11T17:44:21Z")
I understand that a CTO renewal requires the patient to be examined within the 2 month period preceding the date for renewal. What happens if the patient was examined 2 months and 2 weeks before, and the papers show this… --- ## [Advance decision](https://forum.mentalhealthlaw.co.uk/t/advance-decision/864)
**Author:** [@Cayman](https://forum.mentalhealthlaw.co.uk/u/Cayman)\ **Replies:** 2\ **Last updated:** [11 April 2022 08:44 UTC](https://forum.mentalhealthlaw.co.uk/t/advance-decision/864 "2022-04-11T08:44:06Z")
Advance decision and mental health If a person who had a lot of suicide attempts were to put in an advance decision not to be seen at the hospital (following stabilisation) by phychiatric liaison team, would this be lik… --- ## [Independent Neuropsychiatrist](https://forum.mentalhealthlaw.co.uk/t/independent-neuropsychiatrist/690)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 3\ **Last updated:** [5 April 2022 10:20 UTC](https://forum.mentalhealthlaw.co.uk/t/independent-neuropsychiatrist/690 "2022-04-05T10:20:43Z")
Does anyone know of an independent neuropsychiatrist who will work for LA rates? --- ## [Incapacitated clients and litigation](https://forum.mentalhealthlaw.co.uk/t/incapacitated-clients-and-litigation/540)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 4\ **Last updated:** [5 April 2022 10:12 UTC](https://forum.mentalhealthlaw.co.uk/t/incapacitated-clients-and-litigation/540 "2022-04-05T10:12:37Z")
I am appointed to represent a patient who was made subject to a year long injunction excluding him from his rented flat (before I became involved with the case). It has emerged that he had no legal advice and did not att… --- ## [Confidential information](https://forum.mentalhealthlaw.co.uk/t/confidential-information/778)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 6\ **Last updated:** [2 April 2022 15:42 UTC](https://forum.mentalhealthlaw.co.uk/t/confidential-information/778 "2022-04-02T15:42:19Z")
I have received an unsolicited email from somebody providing highly prejudicial and credible information about a client. The email has also been sent to the hospital and to an MP. The writer has not requested that the in… --- ## [Is anyone aware of very young children being sectioned or informal patient under S131?](https://forum.mentalhealthlaw.co.uk/t/is-anyone-aware-of-very-young-children-being-sectioned-or-informal-patient-under-s131/803)
**Author:** [@Beelawtutor](https://forum.mentalhealthlaw.co.uk/u/Beelawtutor)\ **Replies:** 3\ **Last updated:** [30 March 2022 16:10 UTC](https://forum.mentalhealthlaw.co.uk/t/is-anyone-aware-of-very-young-children-being-sectioned-or-informal-patient-under-s131/803 "2022-03-30T16:10:05Z")
I teach Mental Health Law to final year LLB students and this week we studied Formal Admissions under MHA. We considered the position of minors having looked at the statistics in report by Charity Article 39 Children… --- ## [What's the start date of a hospital order given by the Court of Appeal?](https://forum.mentalhealthlaw.co.uk/t/whats-the-start-date-of-a-hospital-order-given-by-the-court-of-appeal/845)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 7\ **Last updated:** [29 March 2022 12:35 UTC](https://forum.mentalhealthlaw.co.uk/t/whats-the-start-date-of-a-hospital-order-given-by-the-court-of-appeal/845 "2022-03-29T12:35:18Z")
If a restricted transfer prisoner is successful at the Court of Appeal and ends up with a restricted hospital order, when you think the hospital order began? On the same date as the original sentence, or on the date of t… --- ## [How did the dust settle after the Devon (remote assessment) judgment?](https://forum.mentalhealthlaw.co.uk/t/how-did-the-dust-settle-after-the-devon-remote-assessment-judgment/817)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 4\ **Last updated:** [21 March 2022 02:50 UTC](https://forum.mentalhealthlaw.co.uk/t/how-did-the-dust-settle-after-the-devon-remote-assessment-judgment/817 "2022-03-21T02:50:44Z")
I’m starting to write the next mental health law legal update for Legal Action magazine, and wonder what to say about the Devon judgment. For instance, is anyone aware of any subsequent court decisions/settlements about … --- ## [Qualifying for Legal Aid](https://forum.mentalhealthlaw.co.uk/t/qualifying-for-legal-aid/830)
**Author:** [@anonymous3](https://forum.mentalhealthlaw.co.uk/u/anonymous3)\ **Replies:** 3\ **Last updated:** [20 March 2022 14:54 UTC](https://forum.mentalhealthlaw.co.uk/t/qualifying-for-legal-aid/830 "2022-03-20T14:54:29Z")
Do all mental health patients get free legal advice or can you have too much money to qualify? --- ## [Looking for a Solicitor to act for patient with physical health needs detained under Section 3](https://forum.mentalhealthlaw.co.uk/t/looking-for-a-solicitor-to-act-for-patient-with-physical-health-needs-detained-under-section-3/822)
**Author:** [@Rosemaryherb](https://forum.mentalhealthlaw.co.uk/u/Rosemaryherb)\ **Replies:** 2\ **Last updated:** [16 March 2022 10:59 UTC](https://forum.mentalhealthlaw.co.uk/t/looking-for-a-solicitor-to-act-for-patient-with-physical-health-needs-detained-under-section-3/822 "2022-03-16T10:59:45Z")
I am looking for a solicitor to act under my instruction as litigant friend for a patient detained under Section2/3 since 1 November 2017. Legal aid is available both for Tribunals and as an NHS patient. Rosemary Moore … --- ## [Getting Lasting Power of Attorney whilst in psychiatric hospital](https://forum.mentalhealthlaw.co.uk/t/getting-lasting-power-of-attorney-whilst-in-psychiatric-hospital/768)
**Author:** [@AJM](https://forum.mentalhealthlaw.co.uk/u/AJM)\ **Replies:** 10\ **Last updated:** [13 March 2022 13:46 UTC](https://forum.mentalhealthlaw.co.uk/t/getting-lasting-power-of-attorney-whilst-in-psychiatric-hospital/768 "2022-03-13T13:46:02Z")
My mother has just come off Section 3 and a provisional discharge date has been set again. I already have an old EPA from 2007 for financial and property but not for health and welfare. Can I now apply for a health and w… --- ## [Dementia independent expert](https://forum.mentalhealthlaw.co.uk/t/dementia-independent-expert/820)
**Author:** [@H.ali](https://forum.mentalhealthlaw.co.uk/u/H.ali)\ **Replies:** 1\ **Last updated:** [9 March 2022 17:59 UTC](https://forum.mentalhealthlaw.co.uk/t/dementia-independent-expert/820 "2022-03-09T17:59:01Z")
Hi All, Does anyone know of a consultant psychiatrist who specialises in Dementia? A colleague requires an independent expert assessment in preparation for a MHRT. any suggestion would be helpful! Thanks in advance. --- ## [Force feeding a patient on section 2 MHA](https://forum.mentalhealthlaw.co.uk/t/force-feeding-a-patient-on-section-2-mha/802)
**Author:** [@ROBZI](https://forum.mentalhealthlaw.co.uk/u/ROBZI)\ **Replies:** 9\ **Last updated:** [23 February 2022 16:23 UTC](https://forum.mentalhealthlaw.co.uk/t/force-feeding-a-patient-on-section-2-mha/802 "2022-02-23T16:23:22Z")
Under what circumstances can a patient detained under section 2 be force fed. A patient has withdrawn consent to be fed via NG feed. Is it legal to force feed. [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=29) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=31)