# Law and practice **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=32 [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:** 33 --- ## [Taking up a legal case against local mhs](https://forum.mentalhealthlaw.co.uk/t/taking-up-a-legal-case-against-local-mhs/615)
**Author:** [@Anab](https://forum.mentalhealthlaw.co.uk/u/Anab)\ **Replies:** 2\ **Last updated:** [16 September 2021 10:27 UTC](https://forum.mentalhealthlaw.co.uk/t/taking-up-a-legal-case-against-local-mhs/615 "2021-09-16T10:27:46Z")
Any guidance how to go about taking legal case against local mhs where they were issued with r28 prevention of deaths the year prior to my late son also ended his life due to missed opportunities etc. --- ## [LPS - is s12 Dr required to assess capacity?](https://forum.mentalhealthlaw.co.uk/t/lps-is-s12-dr-required-to-assess-capacity/594)
**Author:** [@Jayne](https://forum.mentalhealthlaw.co.uk/u/Jayne)\ **Replies:** 1\ **Last updated:** [25 August 2021 10:07 UTC](https://forum.mentalhealthlaw.co.uk/t/lps-is-s12-dr-required-to-assess-capacity/594 "2021-08-25T10:07:07Z")
Can anyone advise if the medical assessor for LPS will need to be s12 approved? Our local approval panel has stopped collecting information as to whether they have completed the DoLS annual training requirement & their e… --- ## [Section 29 displacement - reinterview/reassessment needed?](https://forum.mentalhealthlaw.co.uk/t/section-29-displacement-reinterview-reassessment-needed/583)
**Author:** [@Leebee](https://forum.mentalhealthlaw.co.uk/u/Leebee)\ **Replies:** 2\ **Last updated:** [2 September 2021 10:26 UTC](https://forum.mentalhealthlaw.co.uk/t/section-29-displacement-reinterview-reassessment-needed/583 "2021-09-02T10:26:09Z")
wonder if you could give me some advice. person’s legal status is section 2 requiring section 3 admission patient’s nearest relative objects. Amhp makes application to Court under S29 and the once the Court has heard b… --- ## [Applicability of s72 to restricted patients](https://forum.mentalhealthlaw.co.uk/t/applicability-of-s72-to-restricted-patients/587)
**Author:** [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\ **Replies:** 3\ **Last updated:** [4 August 2021 19:21 UTC](https://forum.mentalhealthlaw.co.uk/t/applicability-of-s72-to-restricted-patients/587 "2021-08-04T19:21:20Z")
Sorry I am not a lawyer but just trying to understand if Section 72 1 b ii - MHA “that it is necessary for the health of safety of the patient or for the protection of other persons that he should receive such treatment… --- ## [Powers of Tribunal to discharge to lower security](https://forum.mentalhealthlaw.co.uk/t/powers-of-tribunal-to-discharge-to-lower-security/582)
**Author:** [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\ **Replies:** 5\ **Last updated:** [27 July 2021 21:03 UTC](https://forum.mentalhealthlaw.co.uk/t/powers-of-tribunal-to-discharge-to-lower-security/582 "2021-07-27T21:03:04Z")
Can a FTT(MH) discharge a patient from a high secure hospital to a medium secure unit for treatment? I’d understood they could only determine if treatment in hospital was still necessary. I’ve been told there’s case law… --- ## [Client under S37/41 physically unwell and immobile - conditional discharge or long term leave?](https://forum.mentalhealthlaw.co.uk/t/client-under-s37-41-physically-unwell-and-immobile-conditional-discharge-or-long-term-leave/560)
**Author:** [@RH7224](https://forum.mentalhealthlaw.co.uk/u/RH7224)\ **Replies:** 5\ **Last updated:** [24 July 2021 21:33 UTC](https://forum.mentalhealthlaw.co.uk/t/client-under-s37-41-physically-unwell-and-immobile-conditional-discharge-or-long-term-leave/560 "2021-07-24T21:33:18Z")
I have a client who is detained under a S37/41 and was detained on a medium secure ward however, he has been very unwell and was transferred to a general hospital a number of months ago. He has a tracheostomy in situ and… --- ## [Location of the offence in R v Weekes \[1999\] EWCA Crim 1225](https://forum.mentalhealthlaw.co.uk/t/location-of-the-offence-in-r-v-weekes-1999-ewca-crim-1225/551)
**Author:** [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\ **Replies:** 4\ **Last updated:** [24 July 2021 14:38 UTC](https://forum.mentalhealthlaw.co.uk/t/location-of-the-offence-in-r-v-weekes-1999-ewca-crim-1225/551 "2021-07-24T14:38:56Z")
Does anyone where the original offence in this case took place? In the early hours of Sunday 7th December 1997, following an earlier encounter between them, an hour or two before, the appellant used violence to a man ca… --- ## [Looking for older Court of Appeal judgments](https://forum.mentalhealthlaw.co.uk/t/looking-for-older-court-of-appeal-judgments/553)
**Author:** [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\ **Replies:** 8\ **Last updated:** [4 July 2021 21:30 UTC](https://forum.mentalhealthlaw.co.uk/t/looking-for-older-court-of-appeal-judgments/553 "2021-07-04T21:30:23Z")
I’m not a lawyer but am looking to find the Court of Appeal judgments in the following cases: R v Fleming (1993) 14 Cr App R (S) 151 and R v Mitchell (1997) 1 CAR (S) 90 I can’t find them anywhere online or on BALII … --- ## [Tribunal Member - Complaints](https://forum.mentalhealthlaw.co.uk/t/tribunal-member-complaints/543)
**Author:** [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\ **Replies:** 6\ **Last updated:** [4 July 2021 19:17 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-member-complaints/543 "2021-07-04T19:17:30Z")
Does anyone have any recent experience of complaining about Tribunal members? I have come across the same Judge two weeks on the run who is not only thoroughly incompetent but also downright unpleasant. The Tribunal we… --- ## [Forensic patients - cross border transfers - EU to UK](https://forum.mentalhealthlaw.co.uk/t/forensic-patients-cross-border-transfers-eu-to-uk/555)
**Author:** [@john](https://forum.mentalhealthlaw.co.uk/u/john)\ **Replies:** 1\ **Last updated:** [25 June 2021 16:58 UTC](https://forum.mentalhealthlaw.co.uk/t/forensic-patients-cross-border-transfers-eu-to-uk/555 "2021-06-25T16:58:17Z")
Can you tell me the process and the correct forms and department to apply for the transfer via cross borders from a hospital facility in Austria to one in the UK? A disabled mentally ill friend - at a hospital in Austri… --- ## [Statutory information to patients](https://forum.mentalhealthlaw.co.uk/t/statutory-information-to-patients/552)
**Author:** [@Rosemaryherb](https://forum.mentalhealthlaw.co.uk/u/Rosemaryherb)\ **Replies:** 3\ **Last updated:** [17 June 2021 12:49 UTC](https://forum.mentalhealthlaw.co.uk/t/statutory-information-to-patients/552 "2021-06-17T12:49:36Z")
As Nearest Relative of an non-restricted male patient detained in a private forensic hospital for elderly me, I am aware of the statutory information authorities are required to give to patients and their NR’s. I do not … --- ## [Experience of being a nearest relative](https://forum.mentalhealthlaw.co.uk/t/experience-of-being-a-nearest-relative/544)
**Author:** [@Rosemaryherb](https://forum.mentalhealthlaw.co.uk/u/Rosemaryherb)\ **Replies:** 4\ **Last updated:** [16 June 2021 08:59 UTC](https://forum.mentalhealthlaw.co.uk/t/experience-of-being-a-nearest-relative/544 "2021-06-16T08:59:50Z")
I have been meaning to reply to messages sent in by Karen Walton, including one about unlawful practice but I think this message today from Rob Beech about incompetent Panel Members identifies the nub of the problem - th… --- ## [Section 136 and "de-arrest"](https://forum.mentalhealthlaw.co.uk/t/section-136-and-de-arrest/530)
**Author:** [@arpsych](https://forum.mentalhealthlaw.co.uk/u/arpsych)\ **Replies:** 2\ **Last updated:** [9 June 2021 19:10 UTC](https://forum.mentalhealthlaw.co.uk/t/section-136-and-de-arrest/530 "2021-06-09T19:10:10Z")
Thanks a lot, Simon. Also, I am looking for guidance in following scenarios: Someone is arrested by the police; then showing symptoms mental disorder (either in public place or in police station)- then the police de-… --- ## [Criminal Procedure (Insanity) Act - Supervision orders](https://forum.mentalhealthlaw.co.uk/t/criminal-procedure-insanity-act-supervision-orders/545)
**Author:** [@JamieMiddleton](https://forum.mentalhealthlaw.co.uk/u/JamieMiddleton)\ **Replies:** 2\ **Last updated:** [7 June 2021 18:27 UTC](https://forum.mentalhealthlaw.co.uk/t/criminal-procedure-insanity-act-supervision-orders/545 "2021-06-07T18:27:53Z")
Apologies if you have seen this elsewhere on other forums but I’m having to cast the net, so to speak… A local Crown Court is to make a Supervision Order under the Criminal Procedure (Insanity) Act but I cannot find any… --- ## [Training requirements for Mental Health Units (Use of Force) Act 2018](https://forum.mentalhealthlaw.co.uk/t/training-requirements-for-mental-health-units-use-of-force-act-2018/532)
**Author:** [@jonesrm](https://forum.mentalhealthlaw.co.uk/u/jonesrm)\ **Replies:** 1\ **Last updated:** [31 May 2021 20:35 UTC](https://forum.mentalhealthlaw.co.uk/t/training-requirements-for-mental-health-units-use-of-force-act-2018/532 "2021-05-31T20:35:33Z")
The introduction to the long awaited draft statutory guidance to this Act states: "Organisations should ensure that all staff are aware of and understand their duties under the Human Rights Act 1998 and other relevant U… --- ## [Police power to disclose offences](https://forum.mentalhealthlaw.co.uk/t/police-power-to-disclose-offences/531)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 7\ **Last updated:** [26 May 2021 19:25 UTC](https://forum.mentalhealthlaw.co.uk/t/police-power-to-disclose-offences/531 "2021-05-26T19:25:23Z")
Does anyone know whether the police have the power to disclose the convictions of an offender to neighbours etc. where the offender was convicted prior to 1996 and is ,therefore, not subject to the Sex Offender’s registe… --- ## [Continuing s136 after decision to admit patient](https://forum.mentalhealthlaw.co.uk/t/continuing-s136-after-decision-to-admit-patient/529)
**Author:** [@arpsych](https://forum.mentalhealthlaw.co.uk/u/arpsych)\ **Replies:** 1\ **Last updated:** [24 May 2021 17:48 UTC](https://forum.mentalhealthlaw.co.uk/t/continuing-s136-after-decision-to-admit-patient/529 "2021-05-24T17:48:48Z")
Hello, thought to use this platform to get clarification on a query. When we conduct a mental health act assessment and patient agrees to come to hospital (informally or under MHA); in many places, the nursing team sugg… --- ## [Covid Vaccination Restraint](https://forum.mentalhealthlaw.co.uk/t/covid-vaccination-restraint/403)
**Author:** [@C.wall](https://forum.mentalhealthlaw.co.uk/u/C.wall)\ **Replies:** 3\ **Last updated:** [23 May 2021 14:23 UTC](https://forum.mentalhealthlaw.co.uk/t/covid-vaccination-restraint/403 "2021-05-23T14:23:52Z")
Has anyone else had to consider that a service user, client, resident or even a person that they support might need restraint, even minor restraint, to be given a vaccination? I’m fully aware of MCA and also most recent… --- ## [Unlawful treatment](https://forum.mentalhealthlaw.co.uk/t/unlawful-treatment/515)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 9\ **Last updated:** [17 May 2021 20:48 UTC](https://forum.mentalhealthlaw.co.uk/t/unlawful-treatment/515 "2021-05-17T20:48:48Z")
My client informs me that she has just been given her depot without her consent. She was on a CTO until yesterday when the MHT discharged it. She says the nurse arrived from the depot clinic and she firmly declined but t… --- ## [Sexual Harm Prevention Order](https://forum.mentalhealthlaw.co.uk/t/sexual-harm-prevention-order/467)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 9\ **Last updated:** [13 May 2021 11:54 UTC](https://forum.mentalhealthlaw.co.uk/t/sexual-harm-prevention-order/467 "2021-05-13T11:54:05Z")
On the point of conditional discharge my client has been served with a SHPO application. It is very poorly drafted and shows no evidence of current risk. My client is apparently ineligble for Legal Aid as this is a stand… --- ## [Withdrawals](https://forum.mentalhealthlaw.co.uk/t/withdrawals/463)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 14\ **Last updated:** [5 May 2021 12:29 UTC](https://forum.mentalhealthlaw.co.uk/t/withdrawals/463 "2021-05-05T12:29:50Z")
My client has told me that she wishes to withdraw her application purely because of pressure from her family. In addition I have just received an abusive call from her brother demanding that I withdraw her application. I… --- ## [Right to healthcare when sectioned](https://forum.mentalhealthlaw.co.uk/t/right-to-healthcare-when-sectioned/465)
**Author:** [@Angel320](https://forum.mentalhealthlaw.co.uk/u/Angel320)\ **Replies:** 1\ **Last updated:** [3 May 2021 15:54 UTC](https://forum.mentalhealthlaw.co.uk/t/right-to-healthcare-when-sectioned/465 "2021-05-03T15:54:01Z")
Is there anything in law that provides protection to someone sectioned under section 3 of the mental health act so that the person can receive general healthcare that someone who isn’t sectioned can get access to? Aspec… --- ## [MAPPA / PPO attendance at tribunal](https://forum.mentalhealthlaw.co.uk/t/mappa-ppo-attendance-at-tribunal/466)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 0\ **Last updated:** [3 May 2021 14:42 UTC](https://forum.mentalhealthlaw.co.uk/t/mappa-ppo-attendance-at-tribunal/466 "2021-05-03T14:42:32Z")
Has anyone recently managed to get a PPO or anyone else representing MAPPA directed to attend a MHT? --- ## [Section 136 - nearest relative](https://forum.mentalhealthlaw.co.uk/t/section-136-nearest-relative/461)
**Author:** [@Cayman](https://forum.mentalhealthlaw.co.uk/u/Cayman)\ **Replies:** 5\ **Last updated:** [27 April 2021 20:07 UTC](https://forum.mentalhealthlaw.co.uk/t/section-136-nearest-relative/461 "2021-04-27T20:07:35Z")
Hi, can a nearest relative be contacted under section 136 when there is no continued detention and px is discharged? --- ## [Medical Members - Registration Status](https://forum.mentalhealthlaw.co.uk/t/medical-members-registration-status/395)
**Author:** [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\ **Replies:** 10\ **Last updated:** [9 April 2021 08:04 UTC](https://forum.mentalhealthlaw.co.uk/t/medical-members-registration-status/395 "2021-04-09T08:04:44Z")
Is a medical member still permitted to sit on the Tribunal if they are on the GMC register but not licensed to practice medicine in the UK? --- ## [Adults Family Care v Paid Care](https://forum.mentalhealthlaw.co.uk/t/adults-family-care-v-paid-care/417)
**Author:** [@C.wall](https://forum.mentalhealthlaw.co.uk/u/C.wall)\ **Replies:** 5\ **Last updated:** [8 April 2021 12:14 UTC](https://forum.mentalhealthlaw.co.uk/t/adults-family-care-v-paid-care/417 "2021-04-08T12:14:35Z")
Sometime ago now Sir James Munby made a statement about the arguments pertaining to whether an adult should be better supported by paid or residential care versus the support of their family. As I recall it went somethin… --- ## [Validity of wording on MHA Forms](https://forum.mentalhealthlaw.co.uk/t/validity-of-wording-on-mha-forms/405)
**Author:** [@Thalamos\_Arden](https://forum.mentalhealthlaw.co.uk/u/Thalamos_Arden)\ **Replies:** 2\ **Last updated:** [1 April 2021 13:55 UTC](https://forum.mentalhealthlaw.co.uk/t/validity-of-wording-on-mha-forms/405 "2021-04-01T13:55:33Z")
Hello Everyone, I hope you’re all well. I wanted to put a note out to pick up on the topic of wording on the new MHA Forms. We’ve recently been made aware of a number of incidents of Forms not being accepted due to som… --- ## [What legal framework?](https://forum.mentalhealthlaw.co.uk/t/what-legal-framework/401)
**Author:** [@Claire](https://forum.mentalhealthlaw.co.uk/u/Claire)\ **Replies:** 4\ **Last updated:** [29 March 2021 15:53 UTC](https://forum.mentalhealthlaw.co.uk/t/what-legal-framework/401 "2021-03-29T15:53:58Z")
I am an AMHP and wanted a view on a situation I encountered yesterday. 15 year old in general children’s hospital for 2 weeks. Has become more and more withdrawn over past 14 months. Has become mute for past 6 months. S… --- ## [AMHP power to convey](https://forum.mentalhealthlaw.co.uk/t/amhp-power-to-convey/366)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 8\ **Last updated:** [11 March 2021 09:37 UTC](https://forum.mentalhealthlaw.co.uk/t/amhp-power-to-convey/366 "2021-03-11T09:37:48Z")
My client’s care coordinator is adamant that she was unlawfully restrained on admission as the police were not in attendance and there was no s135 warrant. My client had let the AMHP and s12 doctors into her property and… --- ## [S47/49 patients and "pocket money"](https://forum.mentalhealthlaw.co.uk/t/s47-49-patients-and-pocket-money/383)
**Author:** [@youngc](https://forum.mentalhealthlaw.co.uk/u/youngc)\ **Replies:** 2\ **Last updated:** [11 March 2021 00:21 UTC](https://forum.mentalhealthlaw.co.uk/t/s47-49-patients-and-pocket-money/383 "2021-03-11T00:21:37Z")
Does anyone have an update in relation to the ongoing Judicial Review by transferred prisoners who are no longer entitled to any welfare payments and paid pocket money under s122? [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=31) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=33)