# Law and practice **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=4 [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:** 5 --- ## [Definition of independent decision making?](https://forum.mentalhealthlaw.co.uk/t/definition-of-independent-decision-making/5039)
**Author:** [@Andrew](https://forum.mentalhealthlaw.co.uk/u/Andrew)\ **Replies:** 0\ **Last updated:** [25 January 2026 20:29 UTC](https://forum.mentalhealthlaw.co.uk/t/definition-of-independent-decision-making/5039 "2026-01-25T20:29:27Z")
Is there some definition of independent decision making? Kahneman with others in Fast and Slow Thinking and Noise point to studies where in a committee setting people are influenced by things like seniority, alpha person… --- ## [CTO concurrent with guardianship?](https://forum.mentalhealthlaw.co.uk/t/cto-concurrent-with-guardianship/5037)
**Author:** [@amod](https://forum.mentalhealthlaw.co.uk/u/amod)\ **Replies:** 1\ **Last updated:** [24 January 2026 12:45 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-concurrent-with-guardianship/5037 "2026-01-24T12:45:27Z")
A patient with long standing psychosis who although has a council flat can sleep rough and can go to various locations in Uk. Putting P’s own health at risk . P has psychosis and does this under the influence of this.… --- ## [Least Restrictive Alternative as a reason not to do a MHA assessment](https://forum.mentalhealthlaw.co.uk/t/least-restrictive-alternative-as-a-reason-not-to-do-a-mha-assessment/3243)
**Author:** [@wellsj](https://forum.mentalhealthlaw.co.uk/u/wellsj)\ **Replies:** 11\ **Last updated:** [22 January 2026 00:53 UTC](https://forum.mentalhealthlaw.co.uk/t/least-restrictive-alternative-as-a-reason-not-to-do-a-mha-assessment/3243 "2026-01-22T00:53:45Z")
I have a role supporting the families of people with mental illness. In our area the AMHP service is known to be under great pressure because of staffing problems etc. For the past year or so they have got into the habit… --- ## [S117, Accommodation and Housing Benefit](https://forum.mentalhealthlaw.co.uk/t/s117-accommodation-and-housing-benefit/4994)
**Author:** [@JadieH](https://forum.mentalhealthlaw.co.uk/u/JadieH)\ **Replies:** 2\ **Last updated:** [21 January 2026 12:18 UTC](https://forum.mentalhealthlaw.co.uk/t/s117-accommodation-and-housing-benefit/4994 "2026-01-21T12:18:27Z")
In several cases over the last few years, the LGO has said in their judgements that for individuals who have accommodation included within their s117 aftercare plans, they should not be asked to claim housing benefit to … --- ## [When to expect a Supreme Court decision in Lewis-Ranwell vs G4S](https://forum.mentalhealthlaw.co.uk/t/when-to-expect-a-supreme-court-decision-in-lewis-ranwell-vs-g4s/4933)
**Author:** [@Nickwoo](https://forum.mentalhealthlaw.co.uk/u/Nickwoo)\ **Replies:** 1\ **Last updated:** [21 January 2026 12:10 UTC](https://forum.mentalhealthlaw.co.uk/t/when-to-expect-a-supreme-court-decision-in-lewis-ranwell-vs-g4s/4933 "2026-01-21T12:10:14Z")
Does anyone know when to expect the decision in https://www.supremecourt.uk/cases/uksc-2024-0039 ? (Lewis-Ranwell vs G4S and others). At the end of the hearing in July last year, they said the decision (on the ‘difficult… --- ## [Advance decision refusing ECT and s62](https://forum.mentalhealthlaw.co.uk/t/advance-decision-refusing-ect-and-s62/5015)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 5\ **Last updated:** [20 January 2026 19:40 UTC](https://forum.mentalhealthlaw.co.uk/t/advance-decision-refusing-ect-and-s62/5015 "2026-01-20T19:40:20Z")
Hi Patient subject to detention under s2, appears to have a perfectly written, valid/applicable, signed, witnessed advance decision refusing ECT under all circumstances even if life is at risk whilst detained under the … --- ## [Paper review for patient recalled then discharged back onto CTO?](https://forum.mentalhealthlaw.co.uk/t/paper-review-for-patient-recalled-then-discharged-back-onto-cto/4932)
**Author:** [@Carolyn1](https://forum.mentalhealthlaw.co.uk/u/Carolyn1)\ **Replies:** 4\ **Last updated:** [19 January 2026 10:39 UTC](https://forum.mentalhealthlaw.co.uk/t/paper-review-for-patient-recalled-then-discharged-back-onto-cto/4932 "2026-01-19T10:39:22Z")
Can you help - P was recalled/revoked on his CTO and referred for a MHT. His hearing is tomorrow and yesterday he was discharged back on the CTO. Am I correct in assuming that we cannot now ask for a paper hearing as alt… --- ## [Notification to hospital and MOJ that s48/49 has ended](https://forum.mentalhealthlaw.co.uk/t/notification-to-hospital-and-moj-that-s48-49-has-ended/4996)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 2\ **Last updated:** [15 January 2026 16:35 UTC](https://forum.mentalhealthlaw.co.uk/t/notification-to-hospital-and-moj-that-s48-49-has-ended/4996 "2026-01-15T16:35:53Z")
Hi Who is responsible for notifying the detaining hospital and the MOJ of a patients s48/49 criminal court proceedings taking place/coming to an end and what documentation can we expect to receive including any timescal… --- ## [S37/41 restricted patient and choice of accommodation](https://forum.mentalhealthlaw.co.uk/t/s37-41-restricted-patient-and-choice-of-accommodation/3927)
**Author:** [@judith.naylor](https://forum.mentalhealthlaw.co.uk/u/judith.naylor)\ **Replies:** 16\ **Last updated:** [14 January 2026 23:16 UTC](https://forum.mentalhealthlaw.co.uk/t/s37-41-restricted-patient-and-choice-of-accommodation/3927 "2026-01-14T23:16:04Z")
The MOJ are insisting that P is discharged to a supported living placement. P has a house of his own and pays council tax and mortgage. If he moves to supported living he will have an added housing burden as he wouldn’… --- ## [DoLS and mental health](https://forum.mentalhealthlaw.co.uk/t/dols-and-mental-health/4934)
**Author:** [@Moojie](https://forum.mentalhealthlaw.co.uk/u/Moojie)\ **Replies:** 10\ **Last updated:** [11 January 2026 16:14 UTC](https://forum.mentalhealthlaw.co.uk/t/dols-and-mental-health/4934 "2026-01-11T16:14:47Z")
A person living with Alzheimer’s is under a DoLS in a dementia care home and a recent DOLs mental‑health assessor describes behaviour that is challenging — banging his head against the wall, kicking furniture, and verba… --- ## [Meanings of deferred and delayed discharge](https://forum.mentalhealthlaw.co.uk/t/meanings-of-deferred-and-delayed-discharge/4925)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 4\ **Last updated:** [10 January 2026 14:38 UTC](https://forum.mentalhealthlaw.co.uk/t/meanings-of-deferred-and-delayed-discharge/4925 "2026-01-10T14:38:25Z")
What is the difference between deferred discharge and delayed discharge? --- ## [Conditional discharge expiry date](https://forum.mentalhealthlaw.co.uk/t/conditional-discharge-expiry-date/4918)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 3\ **Last updated:** [10 January 2026 14:16 UTC](https://forum.mentalhealthlaw.co.uk/t/conditional-discharge-expiry-date/4918 "2026-01-10T14:16:31Z")
Does a conditionally discharged patient have an expiry date on their section? --- ## [Urgency and the right to share personal data](https://forum.mentalhealthlaw.co.uk/t/urgency-and-the-right-to-share-personal-data/4938)
**Author:** [@Rql65t](https://forum.mentalhealthlaw.co.uk/u/Rql65t)\ **Replies:** 1\ **Last updated:** [10 January 2026 05:52 UTC](https://forum.mentalhealthlaw.co.uk/t/urgency-and-the-right-to-share-personal-data/4938 "2026-01-10T05:52:17Z")
A Surrey AMHP recorded that personal data about a subject was shared due to urgency. The data subject had removed consent to share data, dissented to referrals for MH support, was not known to services, was rightly asse… --- ## [Potential reduction in paper reviews for CTO patients](https://forum.mentalhealthlaw.co.uk/t/potential-reduction-in-paper-reviews-for-cto-patients/3628)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 10\ **Last updated:** [28 June 2025 09:05 UTC](https://forum.mentalhealthlaw.co.uk/t/potential-reduction-in-paper-reviews-for-cto-patients/3628 "2025-06-28T09:05:21Z")
The tribunal has been able since 2012 to hold CTO mandatory reference hearings on the papers when the patient does not wish to attend or be represented at a hearing. In 2024 a similar power to hold detention mandatory re… --- ## [Procedure for requesting pre-hearing examination](https://forum.mentalhealthlaw.co.uk/t/procedure-for-requesting-pre-hearing-examination/4924)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 1\ **Last updated:** [8 January 2026 11:31 UTC](https://forum.mentalhealthlaw.co.uk/t/procedure-for-requesting-pre-hearing-examination/4924 "2026-01-08T11:31:56Z")
If we request a PHE within two weeks prior to the hearing, do we require Tribunal permission for the PHE, or is it automatic? --- ## [Maternity leave and KIT days as mental health lawyer](https://forum.mentalhealthlaw.co.uk/t/maternity-leave-and-kit-days-as-mental-health-lawyer/4909)
**Author:** [@BeaWebster](https://forum.mentalhealthlaw.co.uk/u/BeaWebster)\ **Replies:** 4\ **Last updated:** [7 January 2026 15:03 UTC](https://forum.mentalhealthlaw.co.uk/t/maternity-leave-and-kit-days-as-mental-health-lawyer/4909 "2026-01-07T15:03:01Z")
I’m currently on maternity leave due to return to work in March. I’d like to do at least a couple of KIT days to ease myself back into work but can’t quite envisage how it would work in mental health law practice. If any… --- ## [Consequences of wrong person possibly consulted as nearest relative](https://forum.mentalhealthlaw.co.uk/t/consequences-of-wrong-person-possibly-consulted-as-nearest-relative/4429)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 2\ **Last updated:** [7 January 2026 12:18 UTC](https://forum.mentalhealthlaw.co.uk/t/consequences-of-wrong-person-possibly-consulted-as-nearest-relative/4429 "2026-01-07T12:18:02Z")
client is detained under section 3. The AMHP consulted the client’s mother and identified her as the nearest relative. However, when I spoke to the client, he stated that his father is the older of the two parents and sh… --- ## [Client does not wish to attend](https://forum.mentalhealthlaw.co.uk/t/client-does-not-wish-to-attend/4892)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 2\ **Last updated:** [6 January 2026 00:16 UTC](https://forum.mentalhealthlaw.co.uk/t/client-does-not-wish-to-attend/4892 "2026-01-06T00:16:18Z")
The Tribunal would wish for the patient to attend and engage in the hearing. Rule 2(2), which addresses the manner of dealing with cases fairly and justly, emphasises the importance of flexibility and of ensuring, so far… --- ## [Submitting fresh independent evidence to adjourned hearing](https://forum.mentalhealthlaw.co.uk/t/submitting-fresh-independent-evidence-to-adjourned-hearing/4882)
**Author:** [@anonymous78](https://forum.mentalhealthlaw.co.uk/u/anonymous78)\ **Replies:** 8\ **Last updated:** [5 January 2026 20:50 UTC](https://forum.mentalhealthlaw.co.uk/t/submitting-fresh-independent-evidence-to-adjourned-hearing/4882 "2026-01-05T20:50:57Z")
I was representing at a tribunal which adjourned because we ran out of time to take the patient’s evidence. All other witnesses had given evidence and we agreed that most would not attend the reconvened hearing. However,… --- ## [PAP letter and/or judicial review](https://forum.mentalhealthlaw.co.uk/t/pap-letter-and-or-judicial-review/4902)
**Author:** [@osands](https://forum.mentalhealthlaw.co.uk/u/osands)\ **Replies:** 2\ **Last updated:** [5 January 2026 17:38 UTC](https://forum.mentalhealthlaw.co.uk/t/pap-letter-and-or-judicial-review/4902 "2026-01-05T17:38:48Z")
I am currently detained under section 3 of the MHA on a PICU. I have been detained since September 2024. Since March 2025 I have been classified as a delayed discharge and just waiting for a placement so I can be dischar… --- ## [JWT or Judicial Review?](https://forum.mentalhealthlaw.co.uk/t/jwt-or-judicial-review/4878)
**Author:** [@DorisDay](https://forum.mentalhealthlaw.co.uk/u/DorisDay)\ **Replies:** 13\ **Last updated:** [31 December 2025 17:25 UTC](https://forum.mentalhealthlaw.co.uk/t/jwt-or-judicial-review/4878 "2025-12-31T17:25:55Z")
F was detained under section 3. Schizoaffective disorder. Two weeks before the end of section she was downgraded to section 2 and according to PALS final letter made an involuntary patient. No records have been releas… --- ## [Zopiclone in care home under DoLS- review duties/MCA/DoLS safeguards](https://forum.mentalhealthlaw.co.uk/t/zopiclone-in-care-home-under-dols-review-duties-mca-dols-safeguards/4880)
**Author:** [@Moojie](https://forum.mentalhealthlaw.co.uk/u/Moojie)\ **Replies:** 8\ **Last updated:** [30 December 2025 20:32 UTC](https://forum.mentalhealthlaw.co.uk/t/zopiclone-in-care-home-under-dols-review-duties-mca-dols-safeguards/4880 "2025-12-30T20:32:49Z")
i would be grateful for views on the legal framework governing the continued use of zopiclone in a care‑home setting for a person with Alzheimer’s disease who lacks capacity and is subject to a DoLS authorisation. Backg… --- ## [Advising client of appeal rights ](https://forum.mentalhealthlaw.co.uk/t/advising-client-of-appeal-rights/4871)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 4\ **Last updated:** [30 December 2025 12:36 UTC](https://forum.mentalhealthlaw.co.uk/t/advising-client-of-appeal-rights/4871 "2025-12-30T12:36:44Z")
If the client is discharged by the tribunal with immediate effect, when we receive the decision, do we need to advise the client about appeal rights, or is this not necessary because the client has been discharged? --- ## [Paper review for detained patient](https://forum.mentalhealthlaw.co.uk/t/paper-review-for-detained-patient/4836)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 6\ **Last updated:** [22 December 2025 12:53 UTC](https://forum.mentalhealthlaw.co.uk/t/paper-review-for-detained-patient/4836 "2025-12-22T12:53:31Z")
The rules say that a detained patient can only have a paper review if his previous case was considered with a hearing. If the patient had a full hearing in August and was subsequently discharged on a CTO which was then r… --- ## [CAMHS leaflet for tribunal in Somalian](https://forum.mentalhealthlaw.co.uk/t/camhs-leaflet-for-tribunal-in-somalian/4856)
**Author:** [@RitaPKenny](https://forum.mentalhealthlaw.co.uk/u/RitaPKenny)\ **Replies:** 2\ **Last updated:** [22 December 2025 11:19 UTC](https://forum.mentalhealthlaw.co.uk/t/camhs-leaflet-for-tribunal-in-somalian/4856 "2025-12-22T11:19:30Z")
Hi Does anyone know where I can locate a translated copy please. Thanks Rita --- ## [When a S37 order becomes spent as understood in Rehabilitation of Offenders act](https://forum.mentalhealthlaw.co.uk/t/when-a-s37-order-becomes-spent-as-understood-in-rehabilitation-of-offenders-act/4857)
**Author:** [@Spentconviction](https://forum.mentalhealthlaw.co.uk/u/Spentconviction)\ **Replies:** 12\ **Last updated:** [20 December 2025 20:06 UTC](https://forum.mentalhealthlaw.co.uk/t/when-a-s37-order-becomes-spent-as-understood-in-rehabilitation-of-offenders-act/4857 "2025-12-20T20:06:53Z")
Dear all, When does a hospital order becomes spent? (ie: when does a patient with a S37 sentence no longer have to disclose their offence to employers if asked) From the rehabilitation of offenders act S5 (8), I can se… --- ## [Why are mental health professionals and doctors held in some way responsible for a person's suicide soon after contact?](https://forum.mentalhealthlaw.co.uk/t/why-are-mental-health-professionals-and-doctors-held-in-some-way-responsible-for-a-persons-suicide-soon-after-contact/4478)
**Author:** [@Andrew](https://forum.mentalhealthlaw.co.uk/u/Andrew)\ **Replies:** 12\ **Last updated:** [20 December 2025 18:21 UTC](https://forum.mentalhealthlaw.co.uk/t/why-are-mental-health-professionals-and-doctors-held-in-some-way-responsible-for-a-persons-suicide-soon-after-contact/4478 "2025-12-20T18:21:13Z")
I thought the idea of medical involvement was to help people with serious mental disorder manage their lives as well as possible. They can’t control the person in all respects. --- ## [Patient recommended for s2 absconds without legal paperwork completed](https://forum.mentalhealthlaw.co.uk/t/patient-recommended-for-s2-absconds-without-legal-paperwork-completed/3145)
**Author:** [@Daisy2019](https://forum.mentalhealthlaw.co.uk/u/Daisy2019)\ **Replies:** 5\ **Last updated:** [19 December 2025 17:41 UTC](https://forum.mentalhealthlaw.co.uk/t/patient-recommended-for-s2-absconds-without-legal-paperwork-completed/3145 "2025-12-19T17:41:44Z")
If a patient is told they are recommended for section 2 but paperwork is not completed, the patient absconds while waiting for bed. Is it putting the patient at risk to self and risk to others if left to stay in communit… --- ## [Section 117 accommodation for home-owning patient separated from spouse who used to provide care](https://forum.mentalhealthlaw.co.uk/t/section-117-accommodation-for-home-owning-patient-separated-from-spouse-who-used-to-provide-care/4837)
**Author:** [@anonymous83](https://forum.mentalhealthlaw.co.uk/u/anonymous83)\ **Replies:** 7\ **Last updated:** [19 December 2025 17:24 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-accommodation-for-home-owning-patient-separated-from-spouse-who-used-to-provide-care/4837 "2025-12-19T17:24:19Z")
\[This post has been removed on request, but involved a patient “X” who used to be cared for by his spouse but who recently separated and cannot return home. The questions involved how to argue that supported living accom… --- ## [Should psychologists lead the mental health services instead of psychiatrists?](https://forum.mentalhealthlaw.co.uk/t/should-psychologists-lead-the-mental-health-services-instead-of-psychiatrists/4845)
**Author:** [@SadrinaC](https://forum.mentalhealthlaw.co.uk/u/SadrinaC)\ **Replies:** 9\ **Last updated:** [18 December 2025 10:50 UTC](https://forum.mentalhealthlaw.co.uk/t/should-psychologists-lead-the-mental-health-services-instead-of-psychiatrists/4845 "2025-12-18T10:50:58Z")
Psychologists are the ones with all the psychological knowledge, psychiatrists just have a diagnostic tool for medication. [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=3) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=5)