# Law and practice **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=9 [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:** 10 --- ## [Tangled web: Is S3 more powerful than a remand order made by the Court?](https://forum.mentalhealthlaw.co.uk/t/tangled-web-is-s3-more-powerful-than-a-remand-order-made-by-the-court/3948)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 21\ **Last updated:** [5 August 2025 06:47 UTC](https://forum.mentalhealthlaw.co.uk/t/tangled-web-is-s3-more-powerful-than-a-remand-order-made-by-the-court/3948 "2025-08-05T06:47:29Z")
Here is a sequence P in medium security is a prisoner who was transferred many months ago into hospital for treatment under Section 48/49 of MHA 1983. P was placed on S37/41 as the 48/49 fell away (circumstances unknow… --- ## [Is the DoLS urgent application valid when the person is not suffering from a mental disorder](https://forum.mentalhealthlaw.co.uk/t/is-the-dols-urgent-application-valid-when-the-person-is-not-suffering-from-a-mental-disorder/3944)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 4\ **Last updated:** [2 August 2025 18:48 UTC](https://forum.mentalhealthlaw.co.uk/t/is-the-dols-urgent-application-valid-when-the-person-is-not-suffering-from-a-mental-disorder/3944 "2025-08-02T18:48:19Z")
Hi Patient was under s2 for 28 days for assessment. S2 rescinded on day 28 as no evidence of mental disorder. Patient lacks capacity to make decisions regarding being accommodated in the psychiatric hospital whilst the … --- ## [Section 68(2) referral, then discharged on s7 Guardianship -- does the Tribunal retain jurisdiction?](https://forum.mentalhealthlaw.co.uk/t/section-68-2-referral-then-discharged-on-s7-guardianship-does-the-tribunal-retain-jurisdiction/3666)
**Author:** [@anonymous68](https://forum.mentalhealthlaw.co.uk/u/anonymous68)\ **Replies:** 4\ **Last updated:** [1 August 2025 20:01 UTC](https://forum.mentalhealthlaw.co.uk/t/section-68-2-referral-then-discharged-on-s7-guardianship-does-the-tribunal-retain-jurisdiction/3666 "2025-08-01T20:01:18Z")
Good morning If a patient who was on a s3 and had a Tribunal coming up as a result of a s68(2) referral, does the Tribunal have the jurisdiction to hear if the patient is placed on s7 guardianship order before the hear… --- ## [Whether an AMHP who is not the applicant can arrange conveyance](https://forum.mentalhealthlaw.co.uk/t/whether-an-amhp-who-is-not-the-applicant-can-arrange-conveyance/3940)
**Author:** [@Strigan](https://forum.mentalhealthlaw.co.uk/u/Strigan)\ **Replies:** 2\ **Last updated:** [29 July 2025 16:29 UTC](https://forum.mentalhealthlaw.co.uk/t/whether-an-amhp-who-is-not-the-applicant-can-arrange-conveyance/3940 "2025-07-29T16:29:29Z")
Related to this there seems to be an inconsistency in practice in different local authorities. In some LAs, if an AMHP signs an application but there’s a delay arranging transport and the applicant is not on duty when th… --- ## [Whether patient is in AMHP's custody after MHA application signed](https://forum.mentalhealthlaw.co.uk/t/whether-patient-is-in-amhps-custody-after-mha-application-signed/3395)
**Author:** [@Nickwoo](https://forum.mentalhealthlaw.co.uk/u/Nickwoo)\ **Replies:** 3\ **Last updated:** [10 March 2025 17:26 UTC](https://forum.mentalhealthlaw.co.uk/t/whether-patient-is-in-amhps-custody-after-mha-application-signed/3395 "2025-03-10T17:26:13Z")
Continuing the discussion from Deadline for admission after s2 recommendation: And, if an application has been made, it is not at all clear that the patient is straightforwardly in the AMHP’s custody during a prolonged … --- ## [How to argue against MCA detention, in favour of MHA detention](https://forum.mentalhealthlaw.co.uk/t/how-to-argue-against-mca-detention-in-favour-of-mha-detention/3929)
**Author:** [@AC23](https://forum.mentalhealthlaw.co.uk/u/AC23)\ **Replies:** 6\ **Last updated:** [24 July 2025 21:56 UTC](https://forum.mentalhealthlaw.co.uk/t/how-to-argue-against-mca-detention-in-favour-of-mha-detention/3929 "2025-07-24T21:56:58Z")
Sorry to jump on this thread but I have a similar query which might have slightly different answers… Patient in general hospital. Assessed as lacking capacity to medication (including currently prescribed psychotropics)… --- ## [DOLS Older People and MHA practice](https://forum.mentalhealthlaw.co.uk/t/dols-older-people-and-mha-practice/3890)
**Author:** [@Carys](https://forum.mentalhealthlaw.co.uk/u/Carys)\ **Replies:** 5\ **Last updated:** [11 July 2025 13:43 UTC](https://forum.mentalhealthlaw.co.uk/t/dols-older-people-and-mha-practice/3890 "2025-07-11T13:43:48Z")
When an older person is admitted / detained under section 2 and is subsequently placed under a DOLS Authorisation AND is still being treated within the Ward environment (medication, observation PRN and restrictions) is… --- ## [Treatment following s37/41 recall](https://forum.mentalhealthlaw.co.uk/t/treatment-following-s37-41-recall/3922)
**Author:** [@shani](https://forum.mentalhealthlaw.co.uk/u/shani)\ **Replies:** 5\ **Last updated:** [22 July 2025 18:03 UTC](https://forum.mentalhealthlaw.co.uk/t/treatment-following-s37-41-recall/3922 "2025-07-22T18:03:56Z")
Does a S37/41 recall go on S62 to be medicated and SOAD application be completed? --- ## [Conflicting information](https://forum.mentalhealthlaw.co.uk/t/conflicting-information/3913)
**Author:** [@Wol231](https://forum.mentalhealthlaw.co.uk/u/Wol231)\ **Replies:** 6\ **Last updated:** [20 July 2025 15:51 UTC](https://forum.mentalhealthlaw.co.uk/t/conflicting-information/3913 "2025-07-20T15:51:38Z")
A relative has been on section 2 for 2weeks and quite unwell. The issues are the usual osychotic break symptoms . Background -stopped taking meds -section 2 October 2024. Dr suggested section 3 and I agreed, 2nd opinio… --- ## [Can the Responsible Clinician be subject to Judicial Review?](https://forum.mentalhealthlaw.co.uk/t/can-the-responsible-clinician-be-subject-to-judicial-review/3902)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 8\ **Last updated:** [20 July 2025 14:27 UTC](https://forum.mentalhealthlaw.co.uk/t/can-the-responsible-clinician-be-subject-to-judicial-review/3902 "2025-07-20T14:27:51Z")
I imagine the issue rests on heavily on whether the RC is exercising public law functions and/or is considered to be a public body. I’m struggling to find any case law specific to this issue. Yes there is case law that … --- ## [Ward with intermittent RC cover](https://forum.mentalhealthlaw.co.uk/t/ward-with-intermittent-rc-cover/3756)
**Author:** [@Anon22](https://forum.mentalhealthlaw.co.uk/u/Anon22)\ **Replies:** 6\ **Last updated:** [19 July 2025 21:47 UTC](https://forum.mentalhealthlaw.co.uk/t/ward-with-intermittent-rc-cover/3756 "2025-07-19T21:47:06Z")
I know that detained patients have the right to a named rc at all times. But I can’t find where it says this anywhere. Could someone link it please? --- ## [Part 2 signature and date of form H5 missing, and accidentally added to Part 4](https://forum.mentalhealthlaw.co.uk/t/part-2-signature-and-date-of-form-h5-missing-and-accidentally-added-to-part-4/3906)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 1\ **Last updated:** [19 July 2025 21:28 UTC](https://forum.mentalhealthlaw.co.uk/t/part-2-signature-and-date-of-form-h5-missing-and-accidentally-added-to-part-4/3906 "2025-07-19T21:28:52Z")
Hi The RC consulted with the patients RMN in Part 1 and then signed off/dated Part 1. The RC then asked the same RMN to provide their written statement by signing off/adding date in Part 2 - however the RMN accidentally… --- ## [Free webinars?](https://forum.mentalhealthlaw.co.uk/t/free-webinars/3895)
**Author:** [@JessH](https://forum.mentalhealthlaw.co.uk/u/JessH)\ **Replies:** 5\ **Last updated:** [18 July 2025 15:18 UTC](https://forum.mentalhealthlaw.co.uk/t/free-webinars/3895 "2025-07-18T15:18:52Z")
Interested in any free webinars linked to MHA/MHT :slight\_smile: --- ## [Consent for finances and housing](https://forum.mentalhealthlaw.co.uk/t/consent-for-finances-and-housing/3873)
**Author:** [@Wol231](https://forum.mentalhealthlaw.co.uk/u/Wol231)\ **Replies:** 5\ **Last updated:** [12 July 2025 11:58 UTC](https://forum.mentalhealthlaw.co.uk/t/consent-for-finances-and-housing/3873 "2025-07-12T11:58:26Z")
I am an NR of a patient who has recently been given a section 2. This is the third hospital stay since October 24. I have never had to have much dealing with consent and the legalities but struggling this time round an… --- ## [Has the safeguard preventing consecutive detained patient paper hearings been affected by tribunal rule amendment?](https://forum.mentalhealthlaw.co.uk/t/has-the-safeguard-preventing-consecutive-detained-patient-paper-hearings-been-affected-by-tribunal-rule-amendment/3799)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 4\ **Last updated:** [9 July 2025 22:31 UTC](https://forum.mentalhealthlaw.co.uk/t/has-the-safeguard-preventing-consecutive-detained-patient-paper-hearings-been-affected-by-tribunal-rule-amendment/3799 "2025-07-09T22:31:07Z")
Continuing the discussion from Potential reduction in paper hearings for CTO patients: I’ll be eating humble pie if I’ve interpreted it wrongly, but here’s the relevant extract from my MHLO summary of that SI: The int… --- ## [Alma Simpson Inquiry](https://forum.mentalhealthlaw.co.uk/t/alma-simpson-inquiry/3844)
**Author:** [@Amanda2](https://forum.mentalhealthlaw.co.uk/u/Amanda2)\ **Replies:** 2\ **Last updated:** [7 July 2025 16:02 UTC](https://forum.mentalhealthlaw.co.uk/t/alma-simpson-inquiry/3844 "2025-07-07T16:02:51Z")
I am a student at the University of Manchester, researching the history of St Edwards Hospital in Cheddleton, Staffordshire for my dissertation. I would be interested to read the details of the Alma Simpson inquiry into … --- ## [Questions about autism, diagnosis and accommodation](https://forum.mentalhealthlaw.co.uk/t/questions-about-autism-diagnosis-and-accommodation/3772)
**Author:** [@anon88676405](https://forum.mentalhealthlaw.co.uk/u/anon88676405)\ **Replies:** 4\ **Last updated:** [7 July 2025 10:12 UTC](https://forum.mentalhealthlaw.co.uk/t/questions-about-autism-diagnosis-and-accommodation/3772 "2025-07-07T10:12:05Z")
What I’m trying to find out is if you have a primary diagnosis of autism , the psychiatrist, an expert in autism who made the diagnosis stated it was to be the person\`s primary diagnosis. But now someone is trying to ch… --- ## [Who's the responsible authority for private hospitals?](https://forum.mentalhealthlaw.co.uk/t/whos-the-responsible-authority-for-private-hospitals/3816)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 2\ **Last updated:** [4 July 2025 22:48 UTC](https://forum.mentalhealthlaw.co.uk/t/whos-the-responsible-authority-for-private-hospitals/3816 "2025-07-04T22:48:35Z")
This isn’t really important now that the tribunal application form doesn’t ask for Responsible Authority but, for example, for Priory Hospital Newbury is it “Priory Group Ltd” (or some other company name) or “Rebekah Cre… --- ## [Does "the Tribunal is satisfied that the patient has the capacity to make that decision" apply to CTO paper hearings?](https://forum.mentalhealthlaw.co.uk/t/does-the-tribunal-is-satisfied-that-the-patient-has-the-capacity-to-make-that-decision-apply-to-cto-paper-hearings/3798)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 4\ **Last updated:** [2 July 2025 21:26 UTC](https://forum.mentalhealthlaw.co.uk/t/does-the-tribunal-is-satisfied-that-the-patient-has-the-capacity-to-make-that-decision-apply-to-cto-paper-hearings/3798 "2025-07-02T21:26:00Z")
Continuing the discussion from Potential reduction in paper hearings for CTO patients: I now think that “the Tribunal is satisfied that the patient has the capacity to make that decision” is probably part of rule 35(3)… --- ## [Patient wishes to remain informal despite enhanced observations](https://forum.mentalhealthlaw.co.uk/t/patient-wishes-to-remain-informal-despite-enhanced-observations/3811)
**Author:** [@Christoph](https://forum.mentalhealthlaw.co.uk/u/Christoph)\ **Replies:** 2\ **Last updated:** [2 July 2025 13:49 UTC](https://forum.mentalhealthlaw.co.uk/t/patient-wishes-to-remain-informal-despite-enhanced-observations/3811 "2025-07-02T13:49:11Z")
Hi there I wanted to ask about the legality of my current admission. I have been put on 1 to 1 observations for enhanced support and keeping me safe. I am an informal patient but my consultant and inpatient ward team … --- ## [Complaints from hospital managers regarding out of date reports for hearings](https://forum.mentalhealthlaw.co.uk/t/complaints-from-hospital-managers-regarding-out-of-date-reports-for-hearings/3809)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 1\ **Last updated:** [1 July 2025 18:53 UTC](https://forum.mentalhealthlaw.co.uk/t/complaints-from-hospital-managers-regarding-out-of-date-reports-for-hearings/3809 "2025-07-01T18:53:11Z")
Hi So some of our hospital managers are complaining about out of date clinical reports by the RC especially in CTO cases where I hear reports can be 6 months old. The view of the RC is that the CTO7 itself documenting t… --- ## [Exclusion Zones - keeping them up to date](https://forum.mentalhealthlaw.co.uk/t/exclusion-zones-keeping-them-up-to-date/3260)
**Author:** [@Sophie\_Holloway](https://forum.mentalhealthlaw.co.uk/u/Sophie_Holloway)\ **Replies:** 5\ **Last updated:** [30 June 2025 12:39 UTC](https://forum.mentalhealthlaw.co.uk/t/exclusion-zones-keeping-them-up-to-date/3260 "2025-06-30T12:39:05Z")
Is there any guidance which says that victim related exclusion zones should be reviewed at certain intervals to ascertain whether they are still relevant? For instance, if an exclusion zone was put in place for a condit… --- ## [The 'necessary' requirement to recall in a CTO](https://forum.mentalhealthlaw.co.uk/t/the-necessary-requirement-to-recall-in-a-cto/3787)
**Author:** [@Foxicus](https://forum.mentalhealthlaw.co.uk/u/Foxicus)\ **Replies:** 2\ **Last updated:** [30 June 2025 08:53 UTC](https://forum.mentalhealthlaw.co.uk/t/the-necessary-requirement-to-recall-in-a-cto/3787 "2025-06-30T08:53:58Z")
In a hearing to renew a CTO, two of the panel agreed to renew the CTO as they felt that it was in their best interests. One of the panel disagreed that it was necessary for the RC to have the power of recall. What is the… --- ## [Request for 2013 Inquiry Report – James Lee Bible / Alan Clarke (AWP NHS Trust)](https://forum.mentalhealthlaw.co.uk/t/request-for-2013-inquiry-report-james-lee-bible-alan-clarke-awp-nhs-trust/3779)
**Author:** [@adamb1](https://forum.mentalhealthlaw.co.uk/u/adamb1)\ **Replies:** 3\ **Last updated:** [28 June 2025 09:19 UTC](https://forum.mentalhealthlaw.co.uk/t/request-for-2013-inquiry-report-james-lee-bible-alan-clarke-awp-nhs-trust/3779 "2025-06-28T09:19:37Z")
Hello, I’m trying to locate the full inquiry report listed under Inquiries – 2013, titled: James Lee Bible – Alan Clarke, Avon and Wiltshire Mental Health Partnership NHS Trust. Could someone please advise: Whethe… --- ## [Error of law -- misleading the tribunal, and mistake of fact](https://forum.mentalhealthlaw.co.uk/t/error-of-law-misleading-the-tribunal-and-mistake-of-fact/3754)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 6\ **Last updated:** [26 June 2025 22:07 UTC](https://forum.mentalhealthlaw.co.uk/t/error-of-law-misleading-the-tribunal-and-mistake-of-fact/3754 "2025-06-26T22:07:12Z")
Get into this: JB v Elysium Healthcare \[2025\] UKUT 9 (AAC) - Mental Health Law Online -and read the full judgment. It’s exciting! What’s called an ‘error of law’ may well be something else. Of course, I’m not allowed t… --- ## [Discharging 47/49 patients, and welfare benefits](https://forum.mentalhealthlaw.co.uk/t/discharging-47-49-patients-and-welfare-benefits/2522)
**Author:** [@ejt](https://forum.mentalhealthlaw.co.uk/u/ejt)\ **Replies:** 6\ **Last updated:** [20 June 2025 11:53 UTC](https://forum.mentalhealthlaw.co.uk/t/discharging-47-49-patients-and-welfare-benefits/2522 "2025-06-20T11:53:38Z")
Why is it that life sentence patients detained under section 47 /49 of the mental health act are discharged into the community with just £20 to live on until there universal credit application has been processed? But if … --- ## [Whether unproven allegations in reports can be libellous](https://forum.mentalhealthlaw.co.uk/t/whether-unproven-allegations-in-reports-can-be-libellous/3716)
**Author:** [@anonymous55](https://forum.mentalhealthlaw.co.uk/u/anonymous55)\ **Replies:** 3\ **Last updated:** [19 June 2025 15:51 UTC](https://forum.mentalhealthlaw.co.uk/t/whether-unproven-allegations-in-reports-can-be-libellous/3716 "2025-06-19T15:51:10Z")
If someone in care has allegations made against them, and the police determine there is no evidence and take no action, should the home and social worker still share this information with others, and:- Can the person wr… --- ## [MHA certificate course/training](https://forum.mentalhealthlaw.co.uk/t/mha-certificate-course-training/3739)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 2\ **Last updated:** [14 June 2025 08:02 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-certificate-course-training/3739 "2025-06-14T08:02:29Z")
Hi I recall Northumbria University used to offer a MHA certificate course some years ago - does anyone know if they still do by any chance or any other equivalent courses/certificates available as part of training and d… --- ## [Voice recording of Associate Hospital Managers hearings](https://forum.mentalhealthlaw.co.uk/t/voice-recording-of-associate-hospital-managers-hearings/3742)
**Author:** [@metoo](https://forum.mentalhealthlaw.co.uk/u/metoo)\ **Replies:** 3\ **Last updated:** [12 June 2025 23:49 UTC](https://forum.mentalhealthlaw.co.uk/t/voice-recording-of-associate-hospital-managers-hearings/3742 "2025-06-12T23:49:43Z")
Are these voice recorded in all hospitals? --- ## [Delay in transfer from prison to hospital](https://forum.mentalhealthlaw.co.uk/t/delay-in-transfer-from-prison-to-hospital/3731)
**Author:** [@tasleemakhtar](https://forum.mentalhealthlaw.co.uk/u/tasleemakhtar)\ **Replies:** 1\ **Last updated:** [10 June 2025 13:23 UTC](https://forum.mentalhealthlaw.co.uk/t/delay-in-transfer-from-prison-to-hospital/3731 "2025-06-10T13:23:03Z")
An individual is awaiting a bed at a psychiatric hospital however a bed has not been made available anywhere on the country. The judge has had a report from doctor stating he is unwell and needs a bed but it has now bee… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=8) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/5.md?page=10)