# Law and practice **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=8 [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:** 9 --- ## [Court Common Platform](https://forum.mentalhealthlaw.co.uk/t/court-common-platform/4242)
**Author:** [@Rona](https://forum.mentalhealthlaw.co.uk/u/Rona)\ **Replies:** 1\ **Last updated:** [10 September 2025 13:46 UTC](https://forum.mentalhealthlaw.co.uk/t/court-common-platform/4242 "2025-09-10T13:46:06Z")
I was just wondering if anyone else is experiencing problems with the Common Platform the Courts now use for Hospital Orders. My latest experience is that a patient has been to court for two different charges and has no… --- ## [Tribunal on the last day of s2, can the panel consider criteria for s3?](https://forum.mentalhealthlaw.co.uk/t/tribunal-on-the-last-day-of-s2-can-the-panel-consider-criteria-for-s3/4229)
**Author:** [@anonymous47](https://forum.mentalhealthlaw.co.uk/u/anonymous47)\ **Replies:** 5\ **Last updated:** [10 September 2025 10:37 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-on-the-last-day-of-s2-can-the-panel-consider-criteria-for-s3/4229 "2025-09-10T10:37:23Z")
Where a tribunal is listed on the last day of a s2 - can the panel consider the s3 criteria if the RC indicates in evidence that his intention is to regrade to the s3 or not? Given the s2 is at the end, surely the quest… --- ## [Would the Court of Appeal ever make a hospital order when the patient no longer meets the detention criteria?](https://forum.mentalhealthlaw.co.uk/t/would-the-court-of-appeal-ever-make-a-hospital-order-when-the-patient-no-longer-meets-the-detention-criteria/4231)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 0\ **Last updated:** [9 September 2025 10:30 UTC](https://forum.mentalhealthlaw.co.uk/t/would-the-court-of-appeal-ever-make-a-hospital-order-when-the-patient-no-longer-meets-the-detention-criteria/4231 "2025-09-09T10:30:30Z")
Continuing the discussion from Lawfulness of earlier first statutory referrals by the MOJ: I’m not sure that point (b) is right – but this made me remember more details of an old case, which maybe has been resolved in … --- ## [Time travel when the Court of Appeal impose a hospital order (when does it begin?)](https://forum.mentalhealthlaw.co.uk/t/time-travel-when-the-court-of-appeal-impose-a-hospital-order-when-does-it-begin/4230)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 0\ **Last updated:** [9 September 2025 10:08 UTC](https://forum.mentalhealthlaw.co.uk/t/time-travel-when-the-court-of-appeal-impose-a-hospital-order-when-does-it-begin/4230 "2025-09-09T10:08:41Z")
Continuing the discussion from Lawfulness of earlier first statutory referrals by the MOJ: When does a hospital order imposed by the Court of Appeal take effect? Can you start applying to the tribunal six months after … --- ## [Expert Witnesses must disclose all judicial criticisms.](https://forum.mentalhealthlaw.co.uk/t/expert-witnesses-must-disclose-all-judicial-criticisms/4226)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 0\ **Last updated:** [7 September 2025 07:58 UTC](https://forum.mentalhealthlaw.co.uk/t/expert-witnesses-must-disclose-all-judicial-criticisms/4226 "2025-09-07T07:58:04Z")
Expert Witness issues have been a topic on this website before. Psychiatrists are not uncommonly called to give EW evidence before the courts. ‘Your GMC’ has introduced new rules about doctors entering ‘legal proceedings… --- ## [Covert medication and help with FOI request to Medical Practitioners Tribunal](https://forum.mentalhealthlaw.co.uk/t/covert-medication-and-help-with-foi-request-to-medical-practitioners-tribunal/3188)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 13\ **Last updated:** [4 September 2025 11:22 UTC](https://forum.mentalhealthlaw.co.uk/t/covert-medication-and-help-with-foi-request-to-medical-practitioners-tribunal/3188 "2025-09-04T11:22:17Z")
The doctor in this case prescribed Risperidone depot but told the patient he had been given Clopixol depot, as “covert medication”. She was then sacked, after being treated atrociously by her employer: Dr A Malik v CAS (… --- ## [Peer Review Consultant Required](https://forum.mentalhealthlaw.co.uk/t/peer-review-consultant-required/4162)
**Author:** [@Londonium.MHL](https://forum.mentalhealthlaw.co.uk/u/Londonium.MHL)\ **Replies:** 3\ **Last updated:** [4 September 2025 07:51 UTC](https://forum.mentalhealthlaw.co.uk/t/peer-review-consultant-required/4162 "2025-09-04T07:51:06Z")
Hi. Can anyone suggest Consultancy firm/s for Peer Review guidance, please? --- ## [When Autism is Pathologised](https://forum.mentalhealthlaw.co.uk/t/when-autism-is-pathologised/4144)
**Author:** [@MetaphorMuse](https://forum.mentalhealthlaw.co.uk/u/MetaphorMuse)\ **Replies:** 8\ **Last updated:** [31 August 2025 16:05 UTC](https://forum.mentalhealthlaw.co.uk/t/when-autism-is-pathologised/4144 "2025-08-31T16:05:36Z")
In cases where autism has been formally diagnosed by recognised specialists, what protections exist to ensure that neurodivergent behaviours are not wrongly pathologised by carers or professionals unfamiliar with autism … --- ## [Section 2 patient - A2 form does not indicate if P informed of their rights nor if NR was consulted ](https://forum.mentalhealthlaw.co.uk/t/section-2-patient-a2-form-does-not-indicate-if-p-informed-of-their-rights-nor-if-nr-was-consulted/4143)
**Author:** [@anonymous47](https://forum.mentalhealthlaw.co.uk/u/anonymous47)\ **Replies:** 0\ **Last updated:** [29 August 2025 21:57 UTC](https://forum.mentalhealthlaw.co.uk/t/section-2-patient-a2-form-does-not-indicate-if-p-informed-of-their-rights-nor-if-nr-was-consulted/4143 "2025-08-29T21:57:31Z")
What is the position on the validity of a section 2 where the A2 form has a line drawn through the sections which should identify the nearest relative and also to clarity if the patient has been informed of their rights?… --- ## [Defective section papers (s2 application doesn't say whether NR informed)](https://forum.mentalhealthlaw.co.uk/t/defective-section-papers-s2-application-doesnt-say-whether-nr-informed/4039)
**Author:** [@anonymous70](https://forum.mentalhealthlaw.co.uk/u/anonymous70)\ **Replies:** 3\ **Last updated:** [29 August 2025 16:46 UTC](https://forum.mentalhealthlaw.co.uk/t/defective-section-papers-s2-application-doesnt-say-whether-nr-informed/4039 "2025-08-29T16:46:15Z")
What do we think about s 2 papers which do not show on the face of the application whether or not the NR has been informed, although the AMHP says she was? ( She did not delete either ‘informed or not informed’ )Is there… --- ## [Police procedure when sectioning after/during an arrest -- whether to declare arrest for visa purposes](https://forum.mentalhealthlaw.co.uk/t/police-procedure-when-sectioning-after-during-an-arrest-whether-to-declare-arrest-for-visa-purposes/4136)
**Author:** [@CuriousCat](https://forum.mentalhealthlaw.co.uk/u/CuriousCat)\ **Replies:** 2\ **Last updated:** [29 August 2025 14:40 UTC](https://forum.mentalhealthlaw.co.uk/t/police-procedure-when-sectioning-after-during-an-arrest-whether-to-declare-arrest-for-visa-purposes/4136 "2025-08-29T14:40:05Z")
Friend of mine was sectioned a few years ago, but only recently realised they were in fact arrested. It was a severe psychosis so a bit of a blur for them, but they were arrested for an assault in their home and came to… --- ## [Nearest Relative Discharge Request - when does email take effect?](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-discharge-request-when-does-email-take-effect/4114)
**Author:** [@Christoph](https://forum.mentalhealthlaw.co.uk/u/Christoph)\ **Replies:** 4\ **Last updated:** [28 August 2025 12:22 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-discharge-request-when-does-email-take-effect/4114 "2025-08-28T12:22:38Z")
Hi All, I have a couple of questions regarding a Nearest Relative (NR) asking to discharge their son under the MHA Section 3. I understand that the RC has the right to barr the request of discharge that the NR has aske… --- ## [Transfer to hospital while on remand and Form H3](https://forum.mentalhealthlaw.co.uk/t/transfer-to-hospital-while-on-remand-and-form-h3/4090)
**Author:** [@ECl](https://forum.mentalhealthlaw.co.uk/u/ECl)\ **Replies:** 4\ **Last updated:** [26 August 2025 21:22 UTC](https://forum.mentalhealthlaw.co.uk/t/transfer-to-hospital-while-on-remand-and-form-h3/4090 "2025-08-26T21:22:26Z")
Hello, If a person has a warrant to transfer from Prison/Court to Hospital whilst on remand and awaiting court date, would the Hospital then use a H3 once the person arrives? --- ## [2 months on Urgent DOLS instead of Section3](https://forum.mentalhealthlaw.co.uk/t/2-months-on-urgent-dols-instead-of-section3/4099)
**Author:** [@Caz](https://forum.mentalhealthlaw.co.uk/u/Caz)\ **Replies:** 9\ **Last updated:** [26 August 2025 09:16 UTC](https://forum.mentalhealthlaw.co.uk/t/2-months-on-urgent-dols-instead-of-section3/4099 "2025-08-26T09:16:09Z")
Our relative was in a MH unit for 3.5months following 6weeks being treated for Covid and Kidney Injury in the general hospital. The first 28days in the MH ward she was on Section2 then she was put on UrgentDOLS and never… --- ## [Victim Impact Statements at Tribunals](https://forum.mentalhealthlaw.co.uk/t/victim-impact-statements-at-tribunals/4079)
**Author:** [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\ **Replies:** 6\ **Last updated:** [25 August 2025 23:00 UTC](https://forum.mentalhealthlaw.co.uk/t/victim-impact-statements-at-tribunals/4079 "2025-08-25T23:00:33Z")
The Victims and Prisoners Bill section on Victim Impact Statements to Tribunals came into force on 25 June 2025. We’ve had a Tribunal refuse to accept a family’s VIS at a Tribunal last week, saying they couldn’t accept … --- ## [Is forensic psychiatry more a legal than a medical discipline?](https://forum.mentalhealthlaw.co.uk/t/is-forensic-psychiatry-more-a-legal-than-a-medical-discipline/4124)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 1\ **Last updated:** [25 August 2025 13:39 UTC](https://forum.mentalhealthlaw.co.uk/t/is-forensic-psychiatry-more-a-legal-than-a-medical-discipline/4124 "2025-08-25T13:39:08Z")
The proposition that forensic psychiatry has become more a legal than a medical discipline is intentionally provocative, designed to stimulate discussion about the nature and direction of the specialty. The evidence sug… --- ## [Conflict of interest in commissioning lay advocacy services?](https://forum.mentalhealthlaw.co.uk/t/conflict-of-interest-in-commissioning-lay-advocacy-services/4087)
**Author:** [@Whistleblower](https://forum.mentalhealthlaw.co.uk/u/Whistleblower)\ **Replies:** 2\ **Last updated:** [25 August 2025 10:20 UTC](https://forum.mentalhealthlaw.co.uk/t/conflict-of-interest-in-commissioning-lay-advocacy-services/4087 "2025-08-25T10:20:01Z")
Independent Mental Health Advocates (IMHAs) and statutory advocacy providers are commissioned and funded by NHS Trusts or Local Authorities — the very bodies whose actions they are meant to scrutinise. This creates a tro… --- ## [Does s58 apply to persons detained under s36 Mental Health Act 1983?](https://forum.mentalhealthlaw.co.uk/t/does-s58-apply-to-persons-detained-under-s36-mental-health-act-1983/4077)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 4\ **Last updated:** [24 August 2025 20:18 UTC](https://forum.mentalhealthlaw.co.uk/t/does-s58-apply-to-persons-detained-under-s36-mental-health-act-1983/4077 "2025-08-24T20:18:23Z")
Yes the question is “Does Section 58 apply to persons detained under S36 Mental Health Act 1983 (Amended 2007)?” As usual ‘some’ people believe S58 applies and ‘some’ people believe it doesn’t. So as not to contaminate … --- ## [Whether to use Form CTO12](https://forum.mentalhealthlaw.co.uk/t/whether-to-use-form-cto12/4112)
**Author:** [@amod](https://forum.mentalhealthlaw.co.uk/u/amod)\ **Replies:** 3\ **Last updated:** [24 August 2025 20:17 UTC](https://forum.mentalhealthlaw.co.uk/t/whether-to-use-form-cto12/4112 "2025-08-24T20:17:58Z")
Pt discharged on a CTO as a trade off that P will take depot. (History of noncompliance) after 3 weeks if discharged she takes depot but during capacity to consent 4B assessment says wants lower dose. P reluctantly a… --- ## [Section 2 lapsed, 2 x 5(2)s, AMHP couldn't ascertain/consult NR saying s5(2) due to expire when it wasn't](https://forum.mentalhealthlaw.co.uk/t/section-2-lapsed-2-x-5-2-s-amhp-couldnt-ascertain-consult-nr-saying-s5-2-due-to-expire-when-it-wasnt/4094)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 2\ **Last updated:** [21 August 2025 11:03 UTC](https://forum.mentalhealthlaw.co.uk/t/section-2-lapsed-2-x-5-2-s-amhp-couldnt-ascertain-consult-nr-saying-s5-2-due-to-expire-when-it-wasnt/4094 "2025-08-21T11:03:00Z")
Hello So section 2 lapsed midnight on the 17/08/2025 - the AMHP team was given the incorrect date of section expiry by ward staff. Doctor then applied 5(2) at 1am on the 18/08/2025 and furnished it by hand to an RMN wh… --- ## [Consequences of NR discharge notice](https://forum.mentalhealthlaw.co.uk/t/consequences-of-nr-discharge-notice/3972)
**Author:** [@Jackson3005](https://forum.mentalhealthlaw.co.uk/u/Jackson3005)\ **Replies:** 8\ **Last updated:** [21 August 2025 00:09 UTC](https://forum.mentalhealthlaw.co.uk/t/consequences-of-nr-discharge-notice/3972 "2025-08-21T00:09:35Z")
My wife was on a section 2 which ended and was put on a section 3. She has made a good recovery and her mental health is much better. She was allowed unsupervised leave 10 times a day for 20 minutes at a time to go for… --- ## [Defective section papers #2 (s2 where both medical recommendations give identical "cut and paste" reasons)](https://forum.mentalhealthlaw.co.uk/t/defective-section-papers-2-s2-where-both-medical-recommendations-give-identical-cut-and-paste-reasons/4040)
**Author:** [@anonymous70](https://forum.mentalhealthlaw.co.uk/u/anonymous70)\ **Replies:** 12\ **Last updated:** [21 August 2025 00:08 UTC](https://forum.mentalhealthlaw.co.uk/t/defective-section-papers-2-s2-where-both-medical-recommendations-give-identical-cut-and-paste-reasons/4040 "2025-08-21T00:08:06Z")
We have a s2 with separate medical reccs signed on the same day with identical, ‘cut and paste’ reasons. This would appear to be invalid? --- ## [Does a lack of insight satisfy requirement for 'Degree' of disorder?](https://forum.mentalhealthlaw.co.uk/t/does-a-lack-of-insight-satisfy-requirement-for-degree-of-disorder/4058)
**Author:** [@anonymous70](https://forum.mentalhealthlaw.co.uk/u/anonymous70)\ **Replies:** 16\ **Last updated:** [20 August 2025 15:30 UTC](https://forum.mentalhealthlaw.co.uk/t/does-a-lack-of-insight-satisfy-requirement-for-degree-of-disorder/4058 "2025-08-20T15:30:26Z")
I represent a patient with working diagnosis of ‘drug induced psychosis’ and argued no nature or degree at MHT. In reasons the MHT accepts nature not met and agrees no symptoms at time of MHT except lack of insight into … --- ## [Notional Hospital Orders and H3](https://forum.mentalhealthlaw.co.uk/t/notional-hospital-orders-and-h3/4081)
**Author:** [@ECl](https://forum.mentalhealthlaw.co.uk/u/ECl)\ **Replies:** 3\ **Last updated:** [20 August 2025 07:21 UTC](https://forum.mentalhealthlaw.co.uk/t/notional-hospital-orders-and-h3/4081 "2025-08-20T07:21:12Z")
Would there be a seperate Hospital order when 49 restrictions have expired and the Section 47/49 is now a Section 37 --- ## [Access to specific data of patients by IMHA](https://forum.mentalhealthlaw.co.uk/t/access-to-specific-data-of-patients-by-imha/4020)
**Author:** [@AdvocacyEnquirer](https://forum.mentalhealthlaw.co.uk/u/AdvocacyEnquirer)\ **Replies:** 9\ **Last updated:** [11 August 2025 00:58 UTC](https://forum.mentalhealthlaw.co.uk/t/access-to-specific-data-of-patients-by-imha/4020 "2025-08-11T00:58:28Z")
Does an IMHA require a patient’s consent to get the following information: Name DOB Address, preferably home but can be hospital Date of admission to hospital Section Section due date from the ward the patient is on? … --- ## [What to do if a patient has gone AWOL for over 3-4 weeks and on S3](https://forum.mentalhealthlaw.co.uk/t/what-to-do-if-a-patient-has-gone-awol-for-over-3-4-weeks-and-on-s3/4048)
**Author:** [@Christoph](https://forum.mentalhealthlaw.co.uk/u/Christoph)\ **Replies:** 2\ **Last updated:** [10 August 2025 18:50 UTC](https://forum.mentalhealthlaw.co.uk/t/what-to-do-if-a-patient-has-gone-awol-for-over-3-4-weeks-and-on-s3/4048 "2025-08-10T18:50:53Z")
Hi, I was wondering what happens to a patient that has been sectioned/detained under the MHA on S3 and gone AWOl (missing) for over 3-4 weeks now. The patient is still designated her bedroom but would it be the case th… --- ## [Timeframe from s2 application to hearing](https://forum.mentalhealthlaw.co.uk/t/timeframe-from-s2-application-to-hearing/4037)
**Author:** [@John1](https://forum.mentalhealthlaw.co.uk/u/John1)\ **Replies:** 2\ **Last updated:** [9 August 2025 19:33 UTC](https://forum.mentalhealthlaw.co.uk/t/timeframe-from-s2-application-to-hearing/4037 "2025-08-09T19:33:31Z")
Would you know how long for when a tribunal date is confirmed for appealing section 2? Thanks. --- ## [NG feeding authority?](https://forum.mentalhealthlaw.co.uk/t/ng-feeding-authority/3950)
**Author:** [@GemmaH](https://forum.mentalhealthlaw.co.uk/u/GemmaH)\ **Replies:** 2\ **Last updated:** [8 August 2025 20:53 UTC](https://forum.mentalhealthlaw.co.uk/t/ng-feeding-authority/3950 "2025-08-08T20:53:38Z")
Evening all. Can someone please advise/help at what paperwork/authority I should see regarding a s3 subject to NG feeding? New one for me! --- ## [Disputing an exclusion zone?](https://forum.mentalhealthlaw.co.uk/t/disputing-an-exclusion-zone/3286)
**Author:** [@voxego1](https://forum.mentalhealthlaw.co.uk/u/voxego1)\ **Replies:** 11\ **Last updated:** [7 August 2025 12:02 UTC](https://forum.mentalhealthlaw.co.uk/t/disputing-an-exclusion-zone/3286 "2025-08-07T12:02:33Z")
Views welcome. Patient receives a 37/41 order, with a restriction zone imposed by court not to enter two streets (where the victim resides). In the process of applying for escorted leave, so VLO contacted, who contacts… --- ## [Tribunal's approach when RC supports deferred conditional discharge in absence of accommodation](https://forum.mentalhealthlaw.co.uk/t/tribunals-approach-when-rc-supports-deferred-conditional-discharge-in-absence-of-accommodation/3192)
**Author:** [@Lawyermentalhealth](https://forum.mentalhealthlaw.co.uk/u/Lawyermentalhealth)\ **Replies:** 7\ **Last updated:** [7 August 2025 12:00 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunals-approach-when-rc-supports-deferred-conditional-discharge-in-absence-of-accommodation/3192 "2025-08-07T12:00:18Z")
Good morning friends- we have a forthcoming restricted hearing and the RC is recommending a deferred conditional discharge. However no accommodation has been identified / no overnight leave etc . Has anyone had any exper… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=7) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=9)