# Mental Health Act **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=1 [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:** 2 --- ## [MHA assessment of homeless person](https://forum.mentalhealthlaw.co.uk/t/mha-assessment-of-homeless-person/5708)
**Author:** [@anonymous93](https://forum.mentalhealthlaw.co.uk/u/anonymous93)\ **Replies:** 5\ **Last updated:** [12 June 2026 09:53 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-assessment-of-homeless-person/5708 "2026-06-12T09:53:29Z")
There is a homeless patient who needs a MH assessment There is a history of volatile behaviour and previous attempts to assess him in the community have failed. Is there the option of obtaining a S135 warrant (without … --- ## [Client in hospital under Section 47/49 originally in Court during Covid and given a life sentence](https://forum.mentalhealthlaw.co.uk/t/client-in-hospital-under-section-47-49-originally-in-court-during-covid-and-given-a-life-sentence/5631)
**Author:** [@KeithJames3768](https://forum.mentalhealthlaw.co.uk/u/KeithJames3768)\ **Replies:** 3\ **Last updated:** [1 June 2026 21:17 UTC](https://forum.mentalhealthlaw.co.uk/t/client-in-hospital-under-section-47-49-originally-in-court-during-covid-and-given-a-life-sentence/5631 "2026-06-01T21:17:42Z")
I have a client detained under Section 47/49.He was given a life sentence and then subsequently transferred to hospital.He was dealt with during Covid and all interactions with the barrister etc were over video.The RC fe… --- ## [Any MHAAs here? Patient's name wrongly spelt on section papers](https://forum.mentalhealthlaw.co.uk/t/any-mhaas-here-patients-name-wrongly-spelt-on-section-papers/5704)
**Author:** [@wendy2](https://forum.mentalhealthlaw.co.uk/u/wendy2)\ **Replies:** 0\ **Last updated:** [1 June 2026 15:17 UTC](https://forum.mentalhealthlaw.co.uk/t/any-mhaas-here-patients-name-wrongly-spelt-on-section-papers/5704 "2026-06-01T15:17:15Z")
I have a client who has an unusual spelling to his first name. He has been sectioned and his first name has a spelling error consistently over all of his s3 paperwork. He checked and his NHS App also spelt his name spelt… --- ## [CTO and international travel](https://forum.mentalhealthlaw.co.uk/t/cto-and-international-travel/5701)
**Author:** [@amod](https://forum.mentalhealthlaw.co.uk/u/amod)\ **Replies:** 4\ **Last updated:** [1 June 2026 05:33 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-and-international-travel/5701 "2026-06-01T05:33:40Z")
Does anyone know about the rules for CTO and international travel. I know patients cant change residence but if patients decide to go for a short holiday outside EU , what should the RC do? --- ## [Patients transferred from Isle of Man](https://forum.mentalhealthlaw.co.uk/t/patients-transferred-from-isle-of-man/5614)
**Author:** [@Anon22](https://forum.mentalhealthlaw.co.uk/u/Anon22)\ **Replies:** 4\ **Last updated:** [28 May 2026 06:55 UTC](https://forum.mentalhealthlaw.co.uk/t/patients-transferred-from-isle-of-man/5614 "2026-05-28T06:55:45Z")
Hi all, I cant seem to find any guidance on how a patient can lawfully be transferred from the Isle of Man to England/Wales. I believe a warrant would be required. Can anyone point me in the right direction, please? --- ## [Legality of using s135(2) where MHA assessment completed but no admission application yet made](https://forum.mentalhealthlaw.co.uk/t/legality-of-using-s135-2-where-mha-assessment-completed-but-no-admission-application-yet-made/5626)
**Author:** [@HumbleAMHP](https://forum.mentalhealthlaw.co.uk/u/HumbleAMHP)\ **Replies:** 4\ **Last updated:** [25 May 2026 21:11 UTC](https://forum.mentalhealthlaw.co.uk/t/legality-of-using-s135-2-where-mha-assessment-completed-but-no-admission-application-yet-made/5626 "2026-05-25T21:11:38Z")
I would welcome colleagues’ views on the correct legal approach in the following scenario, particularly regarding the distinction between s135(1) and s135(2). An individual was assessed in the community (at home) yester… --- ## [Validity of CTO recall and revocation where statutory forms completed out of sequence](https://forum.mentalhealthlaw.co.uk/t/validity-of-cto-recall-and-revocation-where-statutory-forms-completed-out-of-sequence/5571)
**Author:** [@anonymous53](https://forum.mentalhealthlaw.co.uk/u/anonymous53)\ **Replies:** 16\ **Last updated:** [17 May 2026 18:25 UTC](https://forum.mentalhealthlaw.co.uk/t/validity-of-cto-recall-and-revocation-where-statutory-forms-completed-out-of-sequence/5571 "2026-05-17T18:25:10Z")
I would welcome views on the legal validity of the following scenario concerning recall and revocation of a CTO: Patient subject to a CTO is admitted to the ward informally. Decision is made during ward round to re… --- ## [Post-dating s23](https://forum.mentalhealthlaw.co.uk/t/post-dating-s23/5602)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 5\ **Last updated:** [14 May 2026 15:15 UTC](https://forum.mentalhealthlaw.co.uk/t/post-dating-s23/5602 "2026-05-14T15:15:11Z")
We have just had a s23 sent to us nearly an hour before the time it was said to have been dated. What do we all think about that? --- ## [Section 37/41 via CPIA -- effect of remittal](https://forum.mentalhealthlaw.co.uk/t/section-37-41-via-cpia-effect-of-remittal/5612)
**Author:** [@Natalie](https://forum.mentalhealthlaw.co.uk/u/Natalie)\ **Replies:** 7\ **Last updated:** [14 May 2026 13:41 UTC](https://forum.mentalhealthlaw.co.uk/t/section-37-41-via-cpia-effect-of-remittal/5612 "2026-05-14T13:41:05Z")
Good morning, Could anybody kindly point me in the right direction please? S37/41 CPI - then remitted back to Court - patient then put on S3. Does the 37/41 cease upon this? Or are they existing concurrently? If so, I… --- ## [Enforceability of new deprivation of liberty conditional discharge](https://forum.mentalhealthlaw.co.uk/t/enforceability-of-new-deprivation-of-liberty-conditional-discharge/5382)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 13\ **Last updated:** [11 May 2026 14:26 UTC](https://forum.mentalhealthlaw.co.uk/t/enforceability-of-new-deprivation-of-liberty-conditional-discharge/5382 "2026-05-11T14:26:19Z")
Let’s say I plan to argue for a restricted patient’s discharge onto the new deprivation of liberty conditional discharge, with the new condition that’s been added to the conditions bank: “Not leave that address without o… --- ## [Ground leave vs community leave for s17 purposes](https://forum.mentalhealthlaw.co.uk/t/ground-leave-vs-community-leave-for-s17-purposes/5593)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 3\ **Last updated:** [9 May 2026 14:31 UTC](https://forum.mentalhealthlaw.co.uk/t/ground-leave-vs-community-leave-for-s17-purposes/5593 "2026-05-09T14:31:41Z")
Continuing the discussion from "Supervised conditional discharge": Likewise there is still the MOJ position as of late last year where ‘Ground leave’ is seen as ‘not community leave’ even when for some hospitals there i… --- ## [Conditional discharge recall and s117 responsibility](https://forum.mentalhealthlaw.co.uk/t/conditional-discharge-recall-and-s117-responsibility/2004)
**Author:** [@fsswdoc](https://forum.mentalhealthlaw.co.uk/u/fsswdoc)\ **Replies:** 26\ **Last updated:** [8 May 2026 13:46 UTC](https://forum.mentalhealthlaw.co.uk/t/conditional-discharge-recall-and-s117-responsibility/2004 "2026-05-08T13:46:04Z")
Hi all, Been reading a few posts about the impact of the Supreme Court ruling on Section 3 and CTO (interestingly this is still a topic of debate amongst if recall leads to redetermination of OR in 117). \[Some text mov… --- ## ["Supervised conditional discharge"](https://forum.mentalhealthlaw.co.uk/t/supervised-conditional-discharge/5583)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 6\ **Last updated:** [7 May 2026 16:38 UTC](https://forum.mentalhealthlaw.co.uk/t/supervised-conditional-discharge/5583 "2026-05-07T16:38:44Z")
I can’t stand the MOJ calling it “supervised discharge” because that’s the old, repealed s25A provision. The alternatives aren’t as catchy – “conditional discharge with a deprivation of liberty”, “CD (Dep)”, “deprivation… --- ## [Interplay between s3 and s48/49](https://forum.mentalhealthlaw.co.uk/t/interplay-between-s3-and-s48-49/5504)
**Author:** [@anonymous91](https://forum.mentalhealthlaw.co.uk/u/anonymous91)\ **Replies:** 6\ **Last updated:** [1 May 2026 19:51 UTC](https://forum.mentalhealthlaw.co.uk/t/interplay-between-s3-and-s48-49/5504 "2026-05-01T19:51:41Z")
If a section 3 patient is placed on s48/49 does the s3 expire or should it be discharged? --- ## [Unrestricted s37 patient who needs supervision amounting to deprivation of liberty on discharge](https://forum.mentalhealthlaw.co.uk/t/unrestricted-s37-patient-who-needs-supervision-amounting-to-deprivation-of-liberty-on-discharge/5467)
**Author:** [@Balmullo](https://forum.mentalhealthlaw.co.uk/u/Balmullo)\ **Replies:** 4\ **Last updated:** [22 April 2026 09:05 UTC](https://forum.mentalhealthlaw.co.uk/t/unrestricted-s37-patient-who-needs-supervision-amounting-to-deprivation-of-liberty-on-discharge/5467 "2026-04-22T09:05:14Z")
I represent a s37 patient who is due to have a Tribunal. He is assessed as needing supervision on discharge due to risk to others. As he is not on a restricted section, I do not see that he can be subject to the new CD… --- ## [Medical Scrutiny of Recommendations](https://forum.mentalhealthlaw.co.uk/t/medical-scrutiny-of-recommendations/5471)
**Author:** [@A.Ramsden](https://forum.mentalhealthlaw.co.uk/u/A.Ramsden)\ **Replies:** 4\ **Last updated:** [15 April 2026 19:14 UTC](https://forum.mentalhealthlaw.co.uk/t/medical-scrutiny-of-recommendations/5471 "2026-04-15T19:14:21Z")
If a medical recommendation A8, has failed medical scrutiny for not satisfying the criteria, can it firstly be amended? Secondly, can it be sent to a second scrutineer to see if they will pass it? --- ## [Emergency physical treatment](https://forum.mentalhealthlaw.co.uk/t/emergency-physical-treatment/5434)
**Author:** [@AmandaBryant](https://forum.mentalhealthlaw.co.uk/u/AmandaBryant)\ **Replies:** 2\ **Last updated:** [9 April 2026 15:17 UTC](https://forum.mentalhealthlaw.co.uk/t/emergency-physical-treatment/5434 "2026-04-09T15:17:29Z")
Can a patient under S5(2) be taken for emergency treatment at A&E (different hospital) against their will. I realise that the S5(2) ends when they leave the hospital. Would this be covered by MCA? --- ## [Statutory treatment form due date for patient on CTO (following s2 then s3)](https://forum.mentalhealthlaw.co.uk/t/statutory-treatment-form-due-date-for-patient-on-cto-following-s2-then-s3/5433)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 1\ **Last updated:** [7 April 2026 15:21 UTC](https://forum.mentalhealthlaw.co.uk/t/statutory-treatment-form-due-date-for-patient-on-cto-following-s2-then-s3/5433 "2026-04-07T15:21:12Z")
Hi all S2 commenced 10/01/2026 S3 commenced 02/02/2026 CTO1 commenced 27/03/2026 When is the statutory treatment form due for the CTO is it the 09/04/2026 (date when s58 would have applied - we go off date when first… --- ## [Tribunal panel using previous tribunal decision for criteria](https://forum.mentalhealthlaw.co.uk/t/tribunal-panel-using-previous-tribunal-decision-for-criteria/5410)
**Author:** [@NickyGatland](https://forum.mentalhealthlaw.co.uk/u/NickyGatland)\ **Replies:** 2\ **Last updated:** [2 April 2026 16:34 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-panel-using-previous-tribunal-decision-for-criteria/5410 "2026-04-02T16:34:30Z")
I recently represented a client who is detained under S37/41. At the tribunal we requested a deferred conditional discharge as no accommodation available at present, this was supported by the detaining authority. The c… --- ## [S3 assessment if a CTO recall lapses](https://forum.mentalhealthlaw.co.uk/t/s3-assessment-if-a-cto-recall-lapses/5375)
**Author:** [@B.G](https://forum.mentalhealthlaw.co.uk/u/B.G)\ **Replies:** 9\ **Last updated:** [1 April 2026 17:33 UTC](https://forum.mentalhealthlaw.co.uk/t/s3-assessment-if-a-cto-recall-lapses/5375 "2026-04-01T17:33:33Z")
Hi All, My understanding from para 29.61 of MHA code of practice and Jones’ notes on s17F (6) is that back to back CTO recalls are not lawful i.e a new CTO recall used to keep a patient in hospital if the 72 hours of t… --- ## [S117 aftercare - scope and provision of childcare costs?](https://forum.mentalhealthlaw.co.uk/t/s117-aftercare-scope-and-provision-of-childcare-costs/5397)
**Author:** [@anonymous89](https://forum.mentalhealthlaw.co.uk/u/anonymous89)\ **Replies:** 12\ **Last updated:** [1 April 2026 08:49 UTC](https://forum.mentalhealthlaw.co.uk/t/s117-aftercare-scope-and-provision-of-childcare-costs/5397 "2026-04-01T08:49:07Z")
Mother of young children is eligible for s117 aftercare. We are trying to argue that provision of nursery fees could be funded by s117. Note guidance says to take a “broad” approach. Getting push back that this is not re… --- ## [Treatment not available after s37/41 imposed](https://forum.mentalhealthlaw.co.uk/t/treatment-not-available-after-s37-41-imposed/4903)
**Author:** [@Basil](https://forum.mentalhealthlaw.co.uk/u/Basil)\ **Replies:** 4\ **Last updated:** [28 March 2026 11:51 UTC](https://forum.mentalhealthlaw.co.uk/t/treatment-not-available-after-s37-41-imposed/4903 "2026-03-28T11:51:38Z")
Where a Section 37.41 is imposed and the care and treatment required is not available within that secure settings does the Responsible Clinician have a duty to inform the moj --- ## [Renewal of S3 detention completed 6 days before the statutory two month period set out in S20](https://forum.mentalhealthlaw.co.uk/t/renewal-of-s3-detention-completed-6-days-before-the-statutory-two-month-period-set-out-in-s20/5229)
**Author:** [@Wendy1](https://forum.mentalhealthlaw.co.uk/u/Wendy1)\ **Replies:** 8\ **Last updated:** [28 March 2026 10:54 UTC](https://forum.mentalhealthlaw.co.uk/t/renewal-of-s3-detention-completed-6-days-before-the-statutory-two-month-period-set-out-in-s20/5229 "2026-03-28T10:54:31Z")
RC completed H5 Renewal form 6 days early, ie 6 days before the statutory two month period set out in S20, and therefore not within the two month period. A Hospital Managers Hearing subsequently took place with the HM n… --- ## [Emperor's new clothes -- race and detention](https://forum.mentalhealthlaw.co.uk/t/emperors-new-clothes-race-and-detention/5364)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 6\ **Last updated:** [24 March 2026 09:54 UTC](https://forum.mentalhealthlaw.co.uk/t/emperors-new-clothes-race-and-detention/5364 "2026-03-24T09:54:20Z")
Back in 2022 I saw a presentation by the Department of Health and Social Care about the Draft Mental Health Bill 2022. The first main slide said: All ethnic groups have higher rates of detention per 100,000 population … --- ## [They put me on a T3 but can I go back on a T2?](https://forum.mentalhealthlaw.co.uk/t/they-put-me-on-a-t3-but-can-i-go-back-on-a-t2/5357)
**Author:** [@jah](https://forum.mentalhealthlaw.co.uk/u/jah)\ **Replies:** 0\ **Last updated:** [20 March 2026 22:05 UTC](https://forum.mentalhealthlaw.co.uk/t/they-put-me-on-a-t3-but-can-i-go-back-on-a-t2/5357 "2026-03-20T22:05:43Z")
Hi there I’m currently on a 37/41 and I’ve been on it since 2020 but I’ve been in hospital for mental health issues but since I have been in they put me on a T3 but I was on a T2 and I have the compassion to concent to t… --- ## [CTO Patient in Prison - MH Deteriorating - Recall on CTO or Forensic Order?](https://forum.mentalhealthlaw.co.uk/t/cto-patient-in-prison-mh-deteriorating-recall-on-cto-or-forensic-order/5289)
**Author:** [@A.Ramsden](https://forum.mentalhealthlaw.co.uk/u/A.Ramsden)\ **Replies:** 3\ **Last updated:** [16 March 2026 17:35 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-patient-in-prison-mh-deteriorating-recall-on-cto-or-forensic-order/5289 "2026-03-16T17:35:58Z")
I am a MHAO, we have a patient serving a 14 week sentence in prison. He is subject to a CTO. The Prison have contacted the RC as the patient is refusing his medication and his mental health has deteriorated. They believe… --- ## [How long a patient can be detained in a medical hospital until there is space available in a psychiatric unit?](https://forum.mentalhealthlaw.co.uk/t/how-long-a-patient-can-be-detained-in-a-medical-hospital-until-there-is-space-available-in-a-psychiatric-unit/5096)
**Author:** [@Luna](https://forum.mentalhealthlaw.co.uk/u/Luna)\ **Replies:** 11\ **Last updated:** [18 March 2026 21:22 UTC](https://forum.mentalhealthlaw.co.uk/t/how-long-a-patient-can-be-detained-in-a-medical-hospital-until-there-is-space-available-in-a-psychiatric-unit/5096 "2026-03-18T21:22:40Z")
Hi I would appreciate any legal knowledge as to how long a patient can be detained in a medical hospital if there is no space available in a psychiatric unit? My daughter (adult) has been placed on a section 2 and has be… --- ## [When is someone considered detained under Section 2?](https://forum.mentalhealthlaw.co.uk/t/when-is-someone-considered-detained-under-section-2/4345)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 5\ **Last updated:** [11 March 2026 16:52 UTC](https://forum.mentalhealthlaw.co.uk/t/when-is-someone-considered-detained-under-section-2/4345 "2026-03-11T16:52:32Z")
When is someone considered detained under Section 2 of the Mental Health Act 1983? Is it when the AMHP signs the application, or when the H3 form is completed? --- ## [Displacing Nearest relative](https://forum.mentalhealthlaw.co.uk/t/displacing-nearest-relative/5274)
**Author:** [@ECl](https://forum.mentalhealthlaw.co.uk/u/ECl)\ **Replies:** 3\ **Last updated:** [5 March 2026 09:06 UTC](https://forum.mentalhealthlaw.co.uk/t/displacing-nearest-relative/5274 "2026-03-05T09:06:37Z")
When displacing Nearest Relative would the patients usual solicitor help with this or a different one with a specialism? --- ## [Concerned member of the public: Section 37/41 duration and conditions](https://forum.mentalhealthlaw.co.uk/t/concerned-member-of-the-public-section-37-41-duration-and-conditions/5259)
**Author:** [@Zanzibar](https://forum.mentalhealthlaw.co.uk/u/Zanzibar)\ **Replies:** 8\ **Last updated:** [4 March 2026 11:41 UTC](https://forum.mentalhealthlaw.co.uk/t/concerned-member-of-the-public-section-37-41-duration-and-conditions/5259 "2026-03-04T11:41:28Z")
Hello there, I have a query about the likely length of a hospital order. Someone nearby is currently on a section 37/41 hospital order after pleading guilty to manslaughter. Given their age the court did not give a cust… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=2)