# Mental Health Act **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md [Latest](https://forum.mentalhealthlaw.co.uk/latest.md) · [Categories](https://forum.mentalhealthlaw.co.uk/categories.md) · [Tags](https://forum.mentalhealthlaw.co.uk/tags.md) --- ## [About the Mental Health Act category](https://forum.mentalhealthlaw.co.uk/t/about-the-mental-health-act-category/1740)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [21 July 2023 21:37 UTC](https://forum.mentalhealthlaw.co.uk/t/about-the-mental-health-act-category/1740 "2023-07-21T21:37:38Z")
Topics about, or mostly about, the Mental Health Act 1983. --- ## [Section 48/49 MHA if no CPS evidence](https://forum.mentalhealthlaw.co.uk/t/section-48-49-mha-if-no-cps-evidence/6222)
**Author:** [@PhilipNweri2](https://forum.mentalhealthlaw.co.uk/u/PhilipNweri2)\ **Replies:** 7\ **Last updated:** [18 October 2026 12:19 UTC](https://forum.mentalhealthlaw.co.uk/t/section-48-49-mha-if-no-cps-evidence/6222 "2026-10-18T12:19:28Z")
What happens to S48/49 MHA for a defendant for whom CPS produces no evidence and crown decides is a free man? --- ## [Section 117 and adaptation to bungalow](https://forum.mentalhealthlaw.co.uk/t/section-117-and-adaptation-to-bungalow/6208)
**Author:** [@Kali](https://forum.mentalhealthlaw.co.uk/u/Kali)\ **Replies:** 8\ **Last updated:** [16 October 2026 16:16 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-and-adaptation-to-bungalow/6208 "2026-10-16T16:16:00Z")
Sec37 patient living at mothers one bed council bungalow. Sleeping in a 33 square ft windowless cupboard. Adaptation to make space 57 sq ft with window refused by council. Patient has had no sec 117 care plan in place si… --- ## [Patient safety while awaiting a bed to complete a section 2 recomendation](https://forum.mentalhealthlaw.co.uk/t/patient-safety-while-awaiting-a-bed-to-complete-a-section-2-recomendation/6198)
**Author:** [@Mitzy](https://forum.mentalhealthlaw.co.uk/u/Mitzy)\ **Replies:** 8\ **Last updated:** [13 October 2026 13:15 UTC](https://forum.mentalhealthlaw.co.uk/t/patient-safety-while-awaiting-a-bed-to-complete-a-section-2-recomendation/6198 "2026-10-13T13:15:04Z")
My son was recently taken to A&E, where a recommendation was made for him to be admitted to a psychiatric hospital under a section 2. I understand that the section 2 could not be implemented until a bed was found. Howev… --- ## [Section 25 barring order -- hospital managers' discretion](https://forum.mentalhealthlaw.co.uk/t/section-25-barring-order-hospital-managers-discretion/6192)
**Author:** [@Foxicus](https://forum.mentalhealthlaw.co.uk/u/Foxicus)\ **Replies:** 6\ **Last updated:** [8 October 2026 07:59 UTC](https://forum.mentalhealthlaw.co.uk/t/section-25-barring-order-hospital-managers-discretion/6192 "2026-10-08T07:59:26Z")
It has been mentioned to me that when hospital managers are hearing a barring order that, even if the dangerousness criteria is not met, they still have discretionary power not to discharge the patient. How is this discr… --- ## ["Liable to be detained" confusion](https://forum.mentalhealthlaw.co.uk/t/liable-to-be-detained-confusion/6179)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 7\ **Last updated:** [5 October 2026 17:03 UTC](https://forum.mentalhealthlaw.co.uk/t/liable-to-be-detained-confusion/6179 "2026-10-05T17:03:06Z")
The whole “liable to be detained” concept has always puzzled me. If you’re arguing for a conditional discharge then you will likely be arguing that it’s not appropriate for the patient to be liable to be detained… but yo… --- ## [Where does Cheshire West No. 2 and "valid consent" leave CD(Dep)? And CTOs?](https://forum.mentalhealthlaw.co.uk/t/where-does-cheshire-west-no-2-and-valid-consent-leave-cd-dep-and-ctos/5710)
**Author:** [@ZacSussex](https://forum.mentalhealthlaw.co.uk/u/ZacSussex)\ **Replies:** 21\ **Last updated:** [1 October 2026 16:03 UTC](https://forum.mentalhealthlaw.co.uk/t/where-does-cheshire-west-no-2-and-valid-consent-leave-cd-dep-and-ctos/5710 "2026-10-01T16:03:05Z")
I’m still digesting the new UKSC case, but it sounds like CD(Dep) provisions are almost completely dead in the water as currently interpreted by the FtT. Cheshire West established an objective test about whether restric… --- ## [H5 section 3 renewal](https://forum.mentalhealthlaw.co.uk/t/h5-section-3-renewal/6167)
**Author:** [@sen75](https://forum.mentalhealthlaw.co.uk/u/sen75)\ **Replies:** 4\ **Last updated:** [28 September 2026 16:02 UTC](https://forum.mentalhealthlaw.co.uk/t/h5-section-3-renewal/6167 "2026-09-28T16:02:16Z")
H5 s3 renewal completed by RC and Staff nurse at Hospital A and addressed to managers of Hospital A. Patient transferred to Hospital B the same day but before Part 4 is signed and the MHAA at Hospital B has signed the p… --- ## [Associate hospital managers and IMHA](https://forum.mentalhealthlaw.co.uk/t/associate-hospital-managers-and-imha/6158)
**Author:** [@wellsj](https://forum.mentalhealthlaw.co.uk/u/wellsj)\ **Replies:** 2\ **Last updated:** [24 September 2026 18:32 UTC](https://forum.mentalhealthlaw.co.uk/t/associate-hospital-managers-and-imha/6158 "2026-09-24T18:32:39Z")
A detained patient is due her Associate Hospital Managers hearing. She is said to lack capacity and to have refused to use an IMHA in the past. A referral has been made to the IMHA service, but they are questioning wheth… --- ## [Section 133 (Duty of managers of hospitals to inform nearest relative of discharge) in practice](https://forum.mentalhealthlaw.co.uk/t/section-133-duty-of-managers-of-hospitals-to-inform-nearest-relative-of-discharge-in-practice/6119)
**Author:** [@LoopyLou](https://forum.mentalhealthlaw.co.uk/u/LoopyLou)\ **Replies:** 2\ **Last updated:** [16 September 2026 20:47 UTC](https://forum.mentalhealthlaw.co.uk/t/section-133-duty-of-managers-of-hospitals-to-inform-nearest-relative-of-discharge-in-practice/6119 "2026-09-16T20:47:25Z")
Hi, does anyone know how Section 133 is usually done and what a Nearest Relative can do where their Loved One is being discharged before they are well enough to be sent home and the discharge will actually make the alrea… --- ## [S117 service charge and rent](https://forum.mentalhealthlaw.co.uk/t/s117-service-charge-and-rent/6056)
**Author:** [@Rax656](https://forum.mentalhealthlaw.co.uk/u/Rax656)\ **Replies:** 7\ **Last updated:** [11 September 2026 09:51 UTC](https://forum.mentalhealthlaw.co.uk/t/s117-service-charge-and-rent/6056 "2026-09-11T09:51:07Z")
I have been discharged from hospital 3 months ago and I’m eligible for s117 aftercare but the council and ICB are not funding my aftercare package. I have been placed without any choice in 24 hour supported accommodation… --- ## [Monitoring the conditions to which mentally disordered offenders are subject during conditional discharge](https://forum.mentalhealthlaw.co.uk/t/monitoring-the-conditions-to-which-mentally-disordered-offenders-are-subject-during-conditional-discharge/6068)
**Author:** [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\ **Replies:** 10\ **Last updated:** [3 September 2026 09:14 UTC](https://forum.mentalhealthlaw.co.uk/t/monitoring-the-conditions-to-which-mentally-disordered-offenders-are-subject-during-conditional-discharge/6068 "2026-09-03T09:14:50Z")
Can anyone tell me what is the legal route is to ensure licence conditions are adhered to by mentally disordered offenders not managed by probation? --- ## [MHA assessment quicker than CTO recall? (Also: definition of hospital)](https://forum.mentalhealthlaw.co.uk/t/mha-assessment-quicker-than-cto-recall-also-definition-of-hospital/5890)
**Author:** [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\ **Replies:** 30\ **Last updated:** [1 September 2026 16:43 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-assessment-quicker-than-cto-recall-also-definition-of-hospital/5890 "2026-09-01T16:43:08Z")
Can someone explain this to us lay people please? Why is recall under a CTO more difficult or lengthy than a MHAA? --- ## [Nearest Relative - relative visiting from overseas](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-relative-visiting-from-overseas/6051)
**Author:** [@Shazza](https://forum.mentalhealthlaw.co.uk/u/Shazza)\ **Replies:** 4\ **Last updated:** [1 September 2026 10:19 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-relative-visiting-from-overseas/6051 "2026-09-01T10:19:15Z")
A mother is visiting her daughter detained under s2 of MHA She usually lives in another country. She is visiting on a visa. Can she be considered NR whilst staying in Uk? Patient is being assessed for s3 and has asked … --- ## [Section 117 choice of accommodation](https://forum.mentalhealthlaw.co.uk/t/section-117-choice-of-accommodation/6044)
**Author:** [@MHProfessional](https://forum.mentalhealthlaw.co.uk/u/MHProfessional)\ **Replies:** 2\ **Last updated:** [27 August 2026 08:11 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-choice-of-accommodation/6044 "2026-08-27T08:11:27Z")
In Wales, we have a regulation which captures choice, aptly named The Care and Support (Choice of Accommodation) (Wales) Regulations 2015. From my experience, and it is anecdotal, no local authority or Local Health Board… --- ## [Aftercare accommodation and being placed "on an involuntary (in the sense of being incapacitated) basis"](https://forum.mentalhealthlaw.co.uk/t/aftercare-accommodation-and-being-placed-on-an-involuntary-in-the-sense-of-being-incapacitated-basis/6025)
**Author:** [@Cia](https://forum.mentalhealthlaw.co.uk/u/Cia)\ **Replies:** 6\ **Last updated:** [26 August 2026 12:50 UTC](https://forum.mentalhealthlaw.co.uk/t/aftercare-accommodation-and-being-placed-on-an-involuntary-in-the-sense-of-being-incapacitated-basis/6025 "2026-08-26T12:50:36Z")
Continuing the discussion from Aftercare accommodation and "original condition": Thanks I have noticed that other decisions by the LGSCO including 23 005 368 - Local Government and Social Care Ombudsman also directly li… --- ## [S117/CHC/other entitlement to free mental health care](https://forum.mentalhealthlaw.co.uk/t/s117-chc-other-entitlement-to-free-mental-health-care/5931)
**Author:** [@alexkutz](https://forum.mentalhealthlaw.co.uk/u/alexkutz)\ **Replies:** 8\ **Last updated:** [25 August 2026 09:42 UTC](https://forum.mentalhealthlaw.co.uk/t/s117-chc-other-entitlement-to-free-mental-health-care/5931 "2026-08-25T09:42:03Z")
I work with MH residents in a care home setting. My understanding is that S117 only applies to patients admitted to hospital under section 3, but I am wondering whether voluntary admission is now becoming a term used to … --- ## [Aftercare accommodation and "original condition"](https://forum.mentalhealthlaw.co.uk/t/aftercare-accommodation-and-original-condition/5958)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 7\ **Last updated:** [18 August 2026 23:37 UTC](https://forum.mentalhealthlaw.co.uk/t/aftercare-accommodation-and-original-condition/5958 "2026-08-18T23:37:22Z")
In Surrey County Council (LGSCO 25 016 444, 13 May 2026) the LGSCO said in passing that: Accommodation can generally only be part of section 117 aftercare if: … the need for the accommodation arises from, or is related… --- ## [CTO revocation by covering RC who had not assessed patient](https://forum.mentalhealthlaw.co.uk/t/cto-revocation-by-covering-rc-who-had-not-assessed-patient/5991)
**Author:** [@AmyBooth](https://forum.mentalhealthlaw.co.uk/u/AmyBooth)\ **Replies:** 11\ **Last updated:** [17 August 2026 08:54 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-revocation-by-covering-rc-who-had-not-assessed-patient/5991 "2026-08-17T08:54:58Z")
Can one covering RC assess for revocation on one day but the next day when the AMHP has agreed a different covering RC sign off the revocation? My thoughts are that an RC cannot sign to revoke if they have not assessed … --- ## [MHA Section 2 or Section 3?](https://forum.mentalhealthlaw.co.uk/t/mha-section-2-or-section-3/5985)
**Author:** [@markcooper](https://forum.mentalhealthlaw.co.uk/u/markcooper)\ **Replies:** 3\ **Last updated:** [12 August 2026 12:09 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-section-2-or-section-3/5985 "2026-08-12T12:09:02Z")
I train AMHPs and have become increasingly involved in discussions about how paragraphs 14.26 to 14.29 of the MHA Code should be applied when deciding whether Section 2 or Section 3 should be used as the initial admissio… --- ## [Section 2 police procedure](https://forum.mentalhealthlaw.co.uk/t/section-2-police-procedure/5937)
**Author:** [@Gareth](https://forum.mentalhealthlaw.co.uk/u/Gareth)\ **Replies:** 4\ **Last updated:** [22 July 2026 08:41 UTC](https://forum.mentalhealthlaw.co.uk/t/section-2-police-procedure/5937 "2026-07-22T08:41:17Z")
Hi I wonder if you can help understanding what police should do if an independent witness writes an online police declaration statement stating that someone placed under a section 2 was telling the truth, despite it sou… --- ## [Amendment of section papers using app that re-dates document with incorrect date](https://forum.mentalhealthlaw.co.uk/t/amendment-of-section-papers-using-app-that-re-dates-document-with-incorrect-date/5877)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 4\ **Last updated:** [14 July 2026 11:30 UTC](https://forum.mentalhealthlaw.co.uk/t/amendment-of-section-papers-using-app-that-re-dates-document-with-incorrect-date/5877 "2026-07-14T11:30:39Z")
Our local trust has brought in a new system by which section papers can be amended under Rule 15 MHA apparently using an ‘App’ . The problem is that the App automatically re- dates the document so that the amended Appli… --- ## [Fresh forms needed when only bed is in hospital not named on s2 application?](https://forum.mentalhealthlaw.co.uk/t/fresh-forms-needed-when-only-bed-is-in-hospital-not-named-on-s2-application/5895)
**Author:** [@becess](https://forum.mentalhealthlaw.co.uk/u/becess)\ **Replies:** 2\ **Last updated:** [10 July 2026 22:43 UTC](https://forum.mentalhealthlaw.co.uk/t/fresh-forms-needed-when-only-bed-is-in-hospital-not-named-on-s2-application/5895 "2026-07-10T22:43:53Z")
Not currently in this position but trying to plan ahead for all eventualities. Application for S2 made to a bed that was available at the point of assessment. P leaves before conveyance (had no legal powers to prevent P… --- ## [Legal duty to accept referral for clinical supervisor for conditionally discharged patient now in our area?](https://forum.mentalhealthlaw.co.uk/t/legal-duty-to-accept-referral-for-clinical-supervisor-for-conditionally-discharged-patient-now-in-our-area/5899)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 4\ **Last updated:** [10 July 2026 15:38 UTC](https://forum.mentalhealthlaw.co.uk/t/legal-duty-to-accept-referral-for-clinical-supervisor-for-conditionally-discharged-patient-now-in-our-area/5899 "2026-07-10T15:38:08Z")
Hello Our consultant received a referral from the borough LA asking for the appointment of a clinical supervisor for a patient who has been placed in our area. The patient was initially subject to s37/41 on the basis th… --- ## [Consulting nearest relative against patient's wishes](https://forum.mentalhealthlaw.co.uk/t/consulting-nearest-relative-against-patients-wishes/5891)
**Author:** [@wellsj](https://forum.mentalhealthlaw.co.uk/u/wellsj)\ **Replies:** 4\ **Last updated:** [10 July 2026 10:35 UTC](https://forum.mentalhealthlaw.co.uk/t/consulting-nearest-relative-against-patients-wishes/5891 "2026-07-10T10:35:06Z")
If an AMHP has the contact details of the Nearest Relative of someone being assessed for a section 3, would/should they always consult the NR even if the patient says he does not want his family to be involved? I am try… --- ## [Section 136 -- FOI data from SLAM](https://forum.mentalhealthlaw.co.uk/t/section-136-foi-data-from-slam/5846)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 8\ **Last updated:** [8 July 2026 21:19 UTC](https://forum.mentalhealthlaw.co.uk/t/section-136-foi-data-from-slam/5846 "2026-07-08T21:19:52Z")
Data obtained under FOI from South London and Maudsley NHS Foundation Trust, June 2026 What This Data Shows I recently obtained data from South London and Maudsley NHS Foundation Trust (SLaM) under the Freedom of Infor… --- ## [Relinquishing nearest relative role after delegation](https://forum.mentalhealthlaw.co.uk/t/relinquishing-nearest-relative-role-after-delegation/5859)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 4\ **Last updated:** [3 July 2026 12:58 UTC](https://forum.mentalhealthlaw.co.uk/t/relinquishing-nearest-relative-role-after-delegation/5859 "2026-07-03T12:58:42Z")
Hi Patient currently subject to detention under s3. Eldest sister NR under s26 - but she delegated function to youngest sister in writing. Both want nothing to do with the patient. Youngest sister says she has relinquis… --- ## [Defective Form A6 if reason for proceeding without consulting NR incomplete?](https://forum.mentalhealthlaw.co.uk/t/defective-form-a6-if-reason-for-proceeding-without-consulting-nr-incomplete/5776)
**Author:** [@RKM](https://forum.mentalhealthlaw.co.uk/u/RKM)\ **Replies:** 5\ **Last updated:** [2 July 2026 11:34 UTC](https://forum.mentalhealthlaw.co.uk/t/defective-form-a6-if-reason-for-proceeding-without-consulting-nr-incomplete/5776 "2026-07-02T11:34:49Z")
Good afternoon. I’d be grateful for views on a nearest relative issue in a s3 case. Facts: Patient already detained under s2 when s3 application made. Form A6: AMHP records NR not consulted on the basis they ar… --- ## [What is a "Form 1-15 - Regulation 13 (1), (2) and (3)" compared with the usual Form H5?](https://forum.mentalhealthlaw.co.uk/t/what-is-a-form-1-15-regulation-13-1-2-and-3-compared-with-the-usual-form-h5/5763)
**Author:** [@Angell](https://forum.mentalhealthlaw.co.uk/u/Angell)\ **Replies:** 4\ **Last updated:** [24 June 2026 11:47 UTC](https://forum.mentalhealthlaw.co.uk/t/what-is-a-form-1-15-regulation-13-1-2-and-3-compared-with-the-usual-form-h5/5763 "2026-06-24T11:47:22Z")
Hi, I have been sent a section 20 renewal of detention but instead of the usual H5 it’s a form I’ve not seen before. How does the Form 1-15 - Regulation 13 (1), (2) and (3) differ from the H5 please? Kind regards, A --- ## [Is the H5 - Section 20—renewal of authority for detention - form valid?](https://forum.mentalhealthlaw.co.uk/t/is-the-h5-section-20-renewal-of-authority-for-detention-form-valid/5736)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 1\ **Last updated:** [15 June 2026 22:35 UTC](https://forum.mentalhealthlaw.co.uk/t/is-the-h5-section-20-renewal-of-authority-for-detention-form-valid/5736 "2026-06-15T22:35:33Z")
Hi Patient under s3 has had their detention renewed by the RC completing the above and the new period of detention has come into legal effect. During administrative scrutiny it has come to our attention that the box in… [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=1)