# Mental Health Act **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=10 [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:** 11 --- ## [Section 3 Next of Kin](https://forum.mentalhealthlaw.co.uk/t/section-3-next-of-kin/2592)
**Author:** [@Emer](https://forum.mentalhealthlaw.co.uk/u/Emer)\ **Replies:** 4\ **Last updated:** [20 July 2024 10:17 UTC](https://forum.mentalhealthlaw.co.uk/t/section-3-next-of-kin/2592 "2024-07-20T10:17:26Z")
My daughter was put in to a section 3 yesterday and as her next of kin I agreed, it is what is best. She hasn’t been engaging with me or anyone but is now talking about appealing this. She has been told by hospital staf… --- ## [Court Fees for Section 135 warrant](https://forum.mentalhealthlaw.co.uk/t/court-fees-for-section-135-warrant/2575)
**Author:** [@anonymous42](https://forum.mentalhealthlaw.co.uk/u/anonymous42)\ **Replies:** 2\ **Last updated:** [14 July 2024 12:15 UTC](https://forum.mentalhealthlaw.co.uk/t/court-fees-for-section-135-warrant/2575 "2024-07-14T12:15:43Z")
I’m trying to clarify what the correct fee is for a Section 135 warrant? The fees set by virtue of Schedule 1 to the Magistrates Courts Fees Order 2008 (SI2008/1052) - 19 - Warrant of entry 19.1 - On the application f… --- ## [S.5(2) transfer](https://forum.mentalhealthlaw.co.uk/t/s-5-2-transfer/744)
**Author:** [@metoo](https://forum.mentalhealthlaw.co.uk/u/metoo)\ **Replies:** 4\ **Last updated:** [10 July 2024 07:51 UTC](https://forum.mentalhealthlaw.co.uk/t/s-5-2-transfer/744 "2024-07-10T07:51:29Z")
Hi under the 1983 amended act - is there a transfer for s.5(2) patients to general hospital --- ## [Looking for a MH Lawyer - s2 in Surrey](https://forum.mentalhealthlaw.co.uk/t/looking-for-a-mh-lawyer-s2-in-surrey/2557)
**Author:** [@Emer](https://forum.mentalhealthlaw.co.uk/u/Emer)\ **Replies:** 8\ **Last updated:** [9 July 2024 06:58 UTC](https://forum.mentalhealthlaw.co.uk/t/looking-for-a-mh-lawyer-s2-in-surrey/2557 "2024-07-09T06:58:16Z")
I am looking for a mental health lawyer. My daughter is currently in a secure unit under Section 2. I feel that I need legal advice and guidance. Can anyone point me in the right direction? We are in Surrey. Thank you --- ## [Section 3 - name of where treatment is available not mentioned on the A8 form](https://forum.mentalhealthlaw.co.uk/t/section-3-name-of-where-treatment-is-available-not-mentioned-on-the-a8-form/2537)
**Author:** [@Arthur](https://forum.mentalhealthlaw.co.uk/u/Arthur)\ **Replies:** 4\ **Last updated:** [26 June 2024 17:11 UTC](https://forum.mentalhealthlaw.co.uk/t/section-3-name-of-where-treatment-is-available-not-mentioned-on-the-a8-form/2537 "2024-06-26T17:11:18Z")
Hi, Regarding section 3 papers, when one medical recommendation did not mention the name of the hospital where the patient was admitted, can the papers be accepted and another medical recommendation requested? Or thi… --- ## [S2 MHT and section papers](https://forum.mentalhealthlaw.co.uk/t/s2-mht-and-section-papers/2519)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 2\ **Last updated:** [20 June 2024 10:17 UTC](https://forum.mentalhealthlaw.co.uk/t/s2-mht-and-section-papers/2519 "2024-06-20T10:17:01Z")
It used to be the case that the section papers had to be filed with the MHT on a section 2 case and I was unaware that this had changed. I thought this was in the TPR but if it ever was it does not seem to be now. Does … --- ## [What is the precedent of a patient being given leave when in seclusion](https://forum.mentalhealthlaw.co.uk/t/what-is-the-precedent-of-a-patient-being-given-leave-when-in-seclusion/2506)
**Author:** [@Damo49](https://forum.mentalhealthlaw.co.uk/u/Damo49)\ **Replies:** 3\ **Last updated:** [17 June 2024 21:49 UTC](https://forum.mentalhealthlaw.co.uk/t/what-is-the-precedent-of-a-patient-being-given-leave-when-in-seclusion/2506 "2024-06-17T21:49:17Z")
Can you advise on case law or practice standards etc around patients having leave whilst in seclusion --- ## [Section 20A Hospital Managers review when CTO subsequently revoked](https://forum.mentalhealthlaw.co.uk/t/section-20a-hospital-managers-review-when-cto-subsequently-revoked/2467)
**Author:** [@anonymous39](https://forum.mentalhealthlaw.co.uk/u/anonymous39)\ **Replies:** 3\ **Last updated:** [6 June 2024 15:12 UTC](https://forum.mentalhealthlaw.co.uk/t/section-20a-hospital-managers-review-when-cto-subsequently-revoked/2467 "2024-06-06T15:12:06Z")
So a patient has their CTO extended, the extension period has begun and the CTO is then revoked. Does a hospital managers panel then have to review the CTO extension even though it has since been revoked? The patient wi… --- ## [Duration of s48 medical recommendations](https://forum.mentalhealthlaw.co.uk/t/duration-of-s48-medical-recommendations/2482)
**Author:** [@metoo](https://forum.mentalhealthlaw.co.uk/u/metoo)\ **Replies:** 1\ **Last updated:** [30 May 2024 13:29 UTC](https://forum.mentalhealthlaw.co.uk/t/duration-of-s48-medical-recommendations/2482 "2024-05-30T13:29:52Z")
Under s.48 am i right in believing they are only valid for 14 days? which would be the same as med recs for any other section? can you point me to the law which states this please? --- ## [Unsure of identification of nearest relative (five-year residence, step parent)](https://forum.mentalhealthlaw.co.uk/t/unsure-of-identification-of-nearest-relative-five-year-residence-step-parent/2470)
**Author:** [@hgnkj](https://forum.mentalhealthlaw.co.uk/u/hgnkj)\ **Replies:** 6\ **Last updated:** [28 May 2024 15:44 UTC](https://forum.mentalhealthlaw.co.uk/t/unsure-of-identification-of-nearest-relative-five-year-residence-step-parent/2470 "2024-05-28T15:44:54Z")
Hi all, Having some issues identifying nearest relative. Reading older posts I believe our initial take is correct, but was hoping to clarify. Pt only has a step mother and a long-term friend/partner who they have been … --- ## [Advice please about hospital orders and alternatives](https://forum.mentalhealthlaw.co.uk/t/advice-please-about-hospital-orders-and-alternatives/2460)
**Author:** [@Elsiebobs](https://forum.mentalhealthlaw.co.uk/u/Elsiebobs)\ **Replies:** 2\ **Last updated:** [21 May 2024 09:22 UTC](https://forum.mentalhealthlaw.co.uk/t/advice-please-about-hospital-orders-and-alternatives/2460 "2024-05-21T09:22:02Z")
My son is currently being held in prison on remand as he is deemed unfit to stand trial because of his severe psychosis. At his latest sentencing hearing where he is expected to revive a hospital order this couldn’t happ… --- ## [Rectifiable errors - 14 day rule](https://forum.mentalhealthlaw.co.uk/t/rectifiable-errors-14-day-rule/2456)
**Author:** [@metoo](https://forum.mentalhealthlaw.co.uk/u/metoo)\ **Replies:** 1\ **Last updated:** [20 May 2024 12:00 UTC](https://forum.mentalhealthlaw.co.uk/t/rectifiable-errors-14-day-rule/2456 "2024-05-20T12:00:18Z")
Once the 14 days have expired what is the right course of action and please provide legislation/case law/ jones if there are any --- ## [Section 5(2) Holding Powers](https://forum.mentalhealthlaw.co.uk/t/section-5-2-holding-powers/2428)
**Author:** [@metoo](https://forum.mentalhealthlaw.co.uk/u/metoo)\ **Replies:** 5\ **Last updated:** [20 May 2024 11:50 UTC](https://forum.mentalhealthlaw.co.uk/t/section-5-2-holding-powers/2428 "2024-05-20T11:50:15Z")
Scenario: s.5(2) completed at 9pm and unsigned by s.12 doctor, doctor returns at 7am and signs it. Surely this is an invalid section but where do i find legislation or case law for this? --- ## [Unlawful detention, unlawful assessment?](https://forum.mentalhealthlaw.co.uk/t/unlawful-detention-unlawful-assessment/2449)
**Author:** [@MHLOThomas](https://forum.mentalhealthlaw.co.uk/u/MHLOThomas)\ **Replies:** 5\ **Last updated:** [16 May 2024 12:26 UTC](https://forum.mentalhealthlaw.co.uk/t/unlawful-detention-unlawful-assessment/2449 "2024-05-16T12:26:39Z")
If a person is unlawfully detained (i.e. in a private dwelling), is their subsequent assessment by health/AMHP under the MHA unlawful also? If the assessing team are not aware of the detention being unlawful, does this … --- ## [Trial of the Facts](https://forum.mentalhealthlaw.co.uk/t/trial-of-the-facts/2446)
**Author:** [@ClementAttlee](https://forum.mentalhealthlaw.co.uk/u/ClementAttlee)\ **Replies:** 7\ **Last updated:** [15 May 2024 17:47 UTC](https://forum.mentalhealthlaw.co.uk/t/trial-of-the-facts/2446 "2024-05-15T17:47:53Z")
Hi all- we have a pt who was found not guilty following a trial of the facts, of a very serious offence. I am aware that should he have been found guilty there would have been consideration for another court hearing at t… --- ## [How far back or to what date can the Worcester S117 Judgement be applied?](https://forum.mentalhealthlaw.co.uk/t/how-far-back-or-to-what-date-can-the-worcester-s117-judgement-be-applied/2443)
**Author:** [@Claire](https://forum.mentalhealthlaw.co.uk/u/Claire)\ **Replies:** 3\ **Last updated:** [14 May 2024 14:14 UTC](https://forum.mentalhealthlaw.co.uk/t/how-far-back-or-to-what-date-can-the-worcester-s117-judgement-be-applied/2443 "2024-05-14T14:14:51Z")
How far back can the Worcester S117 Judgement be applied to other cases? For instance a Local Authority has been told they are responsible for S117 aftercare of a person who was moved to a private hospital voluntarily b… --- ## [Archiving Section Papers](https://forum.mentalhealthlaw.co.uk/t/archiving-section-papers/2431)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 3\ **Last updated:** [11 May 2024 00:22 UTC](https://forum.mentalhealthlaw.co.uk/t/archiving-section-papers/2431 "2024-05-11T00:22:29Z")
Hi Does anyone know the legal requirement if archiving was going digital, do the original section papers have to be kept or can they be shredded once they have all been scanned into archiving storage. thanks --- ## [S.2 Rights in French](https://forum.mentalhealthlaw.co.uk/t/s-2-rights-in-french/2425)
**Author:** [@Jojo](https://forum.mentalhealthlaw.co.uk/u/Jojo)\ **Replies:** 3\ **Last updated:** [8 May 2024 15:28 UTC](https://forum.mentalhealthlaw.co.uk/t/s-2-rights-in-french/2425 "2024-05-08T15:28:25Z")
Hi Does anybody have a S.2 Patient Rights leaflet in French please? When I choose the French one in the website Information Tab, it opens an adobe page but nothing appears. Thanks --- ## [Can NR object to CTO?](https://forum.mentalhealthlaw.co.uk/t/can-nr-object-to-cto/2420)
**Author:** [@Christine1](https://forum.mentalhealthlaw.co.uk/u/Christine1)\ **Replies:** 1\ **Last updated:** [3 May 2024 21:04 UTC](https://forum.mentalhealthlaw.co.uk/t/can-nr-object-to-cto/2420 "2024-05-03T21:04:54Z")
Nearest relative, child offering care but lives in another city Can nearest relative, object to a CTO --- ## [Homeless and S117](https://forum.mentalhealthlaw.co.uk/t/homeless-and-s117/2414)
**Author:** [@NewSocialWorker1](https://forum.mentalhealthlaw.co.uk/u/NewSocialWorker1)\ **Replies:** 4\ **Last updated:** [3 May 2024 00:13 UTC](https://forum.mentalhealthlaw.co.uk/t/homeless-and-s117/2414 "2024-05-03T00:13:02Z")
Hi all My apologies! I’m still learning. I was wondering if someone could help me with this. If P was born in area A, was living there prior to being homeless. Last registered under GP practice in the area and known t… --- ## [CTO1 failed medical scrutiny](https://forum.mentalhealthlaw.co.uk/t/cto1-failed-medical-scrutiny/2412)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 4\ **Last updated:** [1 May 2024 10:41 UTC](https://forum.mentalhealthlaw.co.uk/t/cto1-failed-medical-scrutiny/2412 "2024-05-01T10:41:57Z")
Hi all So a CTO1 application completed by the RC/agreed by the AMHP which has come into legal effect has failed medical scrutiny on the grounds that the RC has failed to justify the need for a CTO because there just isn… --- ## [Nearest Relative right to apply to a Tribunal](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-right-to-apply-to-a-tribunal/2408)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 4\ **Last updated:** [1 May 2024 06:51 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-right-to-apply-to-a-tribunal/2408 "2024-05-01T06:51:35Z")
Hi Does the NR only have the right to apply to a Tribunal in the following cases: Section 3, 17a, but only where they have applied to the hospital managers for the patients discharge and the RC has barred this using M2… --- ## [Wrong surname of NR on Section papers](https://forum.mentalhealthlaw.co.uk/t/wrong-surname-of-nr-on-section-papers/2386)
**Author:** [@anonymous26](https://forum.mentalhealthlaw.co.uk/u/anonymous26)\ **Replies:** 7\ **Last updated:** [30 April 2024 08:19 UTC](https://forum.mentalhealthlaw.co.uk/t/wrong-surname-of-nr-on-section-papers/2386 "2024-04-30T08:19:15Z")
Hi, after reviewing section papers we have noticed that the nearest relatives surname included on the application is wrong. The husband and the patient in this case had different surnames and the AMHP has put the nearest… --- ## [Staff shortages affecting s17 leave](https://forum.mentalhealthlaw.co.uk/t/staff-shortages-affecting-s17-leave/2382)
**Author:** [@Advocate22](https://forum.mentalhealthlaw.co.uk/u/Advocate22)\ **Replies:** 4\ **Last updated:** [26 April 2024 11:50 UTC](https://forum.mentalhealthlaw.co.uk/t/staff-shortages-affecting-s17-leave/2382 "2024-04-26T11:50:44Z")
Hi, I am an IMHA supporting patients detained on an acute NHS ward. Staffing circumstances are reportedly becoming more and more strained to the extent that patient are increasingly unable to access the s17 leave grant… --- ## [Restricted patient hospital transfer while on long s17 leave](https://forum.mentalhealthlaw.co.uk/t/restricted-patient-hospital-transfer-while-on-long-s17-leave/2375)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 6\ **Last updated:** [26 April 2024 09:31 UTC](https://forum.mentalhealthlaw.co.uk/t/restricted-patient-hospital-transfer-while-on-long-s17-leave/2375 "2024-04-26T09:31:54Z")
Hi If a patient is on S17 at a community placement, the hospital holding his S3 papers is due to close, the patients papers need to be transferred to another hospital which has accepted him. Does the patient have to go … --- ## [CTO residence conditions](https://forum.mentalhealthlaw.co.uk/t/cto-residence-conditions/2365)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 12\ **Last updated:** [25 April 2024 00:33 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-residence-conditions/2365 "2024-04-25T00:33:48Z")
Hi, if a patient has a forensic history, would it be possible to make one of the conditions of the CTO about where he can or can’t live. Or does it have to be all about the treatment / medication compliance. Many thanks … --- ## [Action after invalid section](https://forum.mentalhealthlaw.co.uk/t/action-after-invalid-section/2345)
**Author:** [@southamp](https://forum.mentalhealthlaw.co.uk/u/southamp)\ **Replies:** 1\ **Last updated:** [11 April 2024 21:12 UTC](https://forum.mentalhealthlaw.co.uk/t/action-after-invalid-section/2345 "2024-04-11T21:12:01Z")
Both (out of county) section 2 medical recommendations are insufficient and the application is deemed invalid. RC wishes to re-detain. Do the RC or the hospital managers have to complete section 23 before the new applic… --- ## [Children and Mental Health Act Assessments](https://forum.mentalhealthlaw.co.uk/t/children-and-mental-health-act-assessments/2337)
**Author:** [@Neale10](https://forum.mentalhealthlaw.co.uk/u/Neale10)\ **Replies:** 3\ **Last updated:** [6 April 2024 19:10 UTC](https://forum.mentalhealthlaw.co.uk/t/children-and-mental-health-act-assessments/2337 "2024-04-06T19:10:06Z")
Please how should mental health act assessments be conducted at home if children are present? --- ## [Contribution to s117 aftercare](https://forum.mentalhealthlaw.co.uk/t/contribution-to-s117-aftercare/2330)
**Author:** [@Amersham](https://forum.mentalhealthlaw.co.uk/u/Amersham)\ **Replies:** 1\ **Last updated:** [30 March 2024 01:11 UTC](https://forum.mentalhealthlaw.co.uk/t/contribution-to-s117-aftercare/2330 "2024-03-30T01:11:55Z")
Loved one was sectioned in Dec 23, discharge planning meeting said we would be given two choices of OPMH. No OPMH feel they can cope with loved one. OPMH plus setting recommended, they also felt they could not meet his n… --- ## [Who can place a patient on CTO?](https://forum.mentalhealthlaw.co.uk/t/who-can-place-a-patient-on-cto/2319)
**Author:** [@Manoj](https://forum.mentalhealthlaw.co.uk/u/Manoj)\ **Replies:** 14\ **Last updated:** [28 March 2024 20:50 UTC](https://forum.mentalhealthlaw.co.uk/t/who-can-place-a-patient-on-cto/2319 "2024-03-28T20:50:56Z")
Only the current RC ( along with the AMHP) can place a patient on CTO. This would mean that the inpatient RC ( and NOT the community RC who will take over the patient after discharge) has to complete the CTO. Is this ri… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=9) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=11)