# Mental Health Act **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=11 [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:** 12 --- ## [Can a section 37 cancel debts](https://forum.mentalhealthlaw.co.uk/t/can-a-section-37-cancel-debts/2309)
**Author:** [@Allan](https://forum.mentalhealthlaw.co.uk/u/Allan)\ **Replies:** 2\ **Last updated:** [25 March 2024 20:18 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-section-37-cancel-debts/2309 "2024-03-25T20:18:50Z")
My son has been sentenced by the Courts to remain in hospital under Section 37. Can his financial debts be discharged ? --- ## [Does section 3 have to be discharged if patient sentenced to 37/41?](https://forum.mentalhealthlaw.co.uk/t/does-section-3-have-to-be-discharged-if-patient-sentenced-to-37-41/2303)
**Author:** [@harpreet](https://forum.mentalhealthlaw.co.uk/u/harpreet)\ **Replies:** 1\ **Last updated:** [19 March 2024 16:02 UTC](https://forum.mentalhealthlaw.co.uk/t/does-section-3-have-to-be-discharged-if-patient-sentenced-to-37-41/2303 "2024-03-19T16:02:33Z")
does section 3 have to be discharged if pt sentenced to 37/41? --- ## [CTO + Section 2](https://forum.mentalhealthlaw.co.uk/t/cto-section-2/2300)
**Author:** [@khoben88](https://forum.mentalhealthlaw.co.uk/u/khoben88)\ **Replies:** 4\ **Last updated:** [19 March 2024 15:50 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-section-2/2300 "2024-03-19T15:50:40Z")
Hi, I’ve completed some in house training today on CTO’s and was told that a patient can be detained under section 2 whilst on a CTO. It didn’t make sense to me, my thoughts being that if there were any issues whilst o… --- ## [Assistance needed with completion and submission of Nearest Relative Request for Detention Form](https://forum.mentalhealthlaw.co.uk/t/assistance-needed-with-completion-and-submission-of-nearest-relative-request-for-detention-form/2152)
**Author:** [@Emer](https://forum.mentalhealthlaw.co.uk/u/Emer)\ **Replies:** 6\ **Last updated:** [16 March 2024 15:26 UTC](https://forum.mentalhealthlaw.co.uk/t/assistance-needed-with-completion-and-submission-of-nearest-relative-request-for-detention-form/2152 "2024-03-16T15:26:12Z")
I am trying to complete the above form online. It is not very user friendly. I have downloaded a word version and put information in but it won’t let me edit it the way it is asking me to. Also, I can’t figure out how… --- ## [Sectioned MHA 2 - no nearest relative ](https://forum.mentalhealthlaw.co.uk/t/sectioned-mha-2-no-nearest-relative/2293)
**Author:** [@ClientNorthampton](https://forum.mentalhealthlaw.co.uk/u/ClientNorthampton)\ **Replies:** 1\ **Last updated:** [16 March 2024 15:15 UTC](https://forum.mentalhealthlaw.co.uk/t/sectioned-mha-2-no-nearest-relative/2293 "2024-03-16T15:15:00Z")
What are the considerations where a section 2a is implemented where there is no ‘nearest relative’ /no relative identified or consulted when a section 2a is applied? In the absence of being able to consult or inform any … --- ## [S37/41 Patient Deemed Fit to Plead and Stand Trial](https://forum.mentalhealthlaw.co.uk/t/s37-41-patient-deemed-fit-to-plead-and-stand-trial/2263)
**Author:** [@helenlink](https://forum.mentalhealthlaw.co.uk/u/helenlink)\ **Replies:** 10\ **Last updated:** [16 March 2024 11:06 UTC](https://forum.mentalhealthlaw.co.uk/t/s37-41-patient-deemed-fit-to-plead-and-stand-trial/2263 "2024-03-16T11:06:05Z")
We have a patient who was admitted to hospital in 2019 under S37/41. The Court order states is was impracticable or inappropriate for the patient to be brought to court. We have now received a letter advising the RC ha… --- ## [Section 3 and personal care](https://forum.mentalhealthlaw.co.uk/t/section-3-and-personal-care/2287)
**Author:** [@S4mathew](https://forum.mentalhealthlaw.co.uk/u/S4mathew)\ **Replies:** 7\ **Last updated:** [15 March 2024 12:14 UTC](https://forum.mentalhealthlaw.co.uk/t/section-3-and-personal-care/2287 "2024-03-15T12:14:04Z")
Hi we have a dementia patient on section 3, who declines shower quite often. His wife was very upset and demanding staff to shower him every day. She always use the phrase “he is not having capacity to decide “ but the p… --- ## [Contact Nearest Relative if that contact would put NR at risk](https://forum.mentalhealthlaw.co.uk/t/contact-nearest-relative-if-that-contact-would-put-nr-at-risk/2281)
**Author:** [@Tony2457](https://forum.mentalhealthlaw.co.uk/u/Tony2457)\ **Replies:** 5\ **Last updated:** [13 March 2024 23:47 UTC](https://forum.mentalhealthlaw.co.uk/t/contact-nearest-relative-if-that-contact-would-put-nr-at-risk/2281 "2024-03-13T23:47:13Z")
Does anyone know of case law that defines my questions or know of good practice instances . Thankyou in advance . Must an AMHP contact the Nearest Relative of a person who is on leave from hospital (not detained under M… --- ## [Allowed to be associate hospital manager?](https://forum.mentalhealthlaw.co.uk/t/allowed-to-be-associate-hospital-manager/2282)
**Author:** [@anonymous28](https://forum.mentalhealthlaw.co.uk/u/anonymous28)\ **Replies:** 1\ **Last updated:** [12 March 2024 13:27 UTC](https://forum.mentalhealthlaw.co.uk/t/allowed-to-be-associate-hospital-manager/2282 "2024-03-12T13:27:05Z")
Hi Can a public counsel of governor member for an NHS FT also hold the role of an associate hospital manager for the same Trust? Thanking you in advance. --- ## [Nearest Relative and wives](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-and-wives/2265)
**Author:** [@anonymous28](https://forum.mentalhealthlaw.co.uk/u/anonymous28)\ **Replies:** 2\ **Last updated:** [12 March 2024 08:50 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-and-wives/2265 "2024-03-12T08:50:36Z")
Hi So just read something in the NR handbook by David Hewitt that if a patient is party to polygamous marriage the oldest of his or her spouse will be the NR - what??? Can someone please make this make sense. Also if a… --- ## [Habeas corpus following NR discharge requests](https://forum.mentalhealthlaw.co.uk/t/habeas-corpus-following-nr-discharge-requests/2276)
**Author:** [@Heidi83](https://forum.mentalhealthlaw.co.uk/u/Heidi83)\ **Replies:** 2\ **Last updated:** [8 March 2024 17:30 UTC](https://forum.mentalhealthlaw.co.uk/t/habeas-corpus-following-nr-discharge-requests/2276 "2024-03-08T17:30:22Z")
Hi all, I’m hoping you may be able to advise. Back in February an NR discharge was issued on 8th, following conversations with the NR and MDT it was agreed that it would be re-issued on 12th Feb, which was then barred o… --- ## [Tribunal and managers' hearing following renewal of s37](https://forum.mentalhealthlaw.co.uk/t/tribunal-and-managers-hearing-following-renewal-of-s37/2273)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 6\ **Last updated:** [8 March 2024 08:51 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-and-managers-hearing-following-renewal-of-s37/2273 "2024-03-08T08:51:11Z")
Hi If an RC is renewing a S37, do you have to have an automatic managers for the renewal and tribunal if not had one in the first 6 months Thanks --- ## [Cancelling a CTO before it comes in to force](https://forum.mentalhealthlaw.co.uk/t/cancelling-a-cto-before-it-comes-in-to-force/2270)
**Author:** [@Cheryl](https://forum.mentalhealthlaw.co.uk/u/Cheryl)\ **Replies:** 4\ **Last updated:** [7 March 2024 14:46 UTC](https://forum.mentalhealthlaw.co.uk/t/cancelling-a-cto-before-it-comes-in-to-force/2270 "2024-03-07T14:46:29Z")
Hoping someone can help All parts of the CTO1 were completed in advance with a date for it to begin on 26/2/24. A ref S3 tribunal was scheduled for 27/2/24. Client decided that they did not want to contest at a tribuna… --- ## [ECT under CTO](https://forum.mentalhealthlaw.co.uk/t/ect-under-cto/2271)
**Author:** [@anonymous28](https://forum.mentalhealthlaw.co.uk/u/anonymous28)\ **Replies:** 4\ **Last updated:** [7 March 2024 13:46 UTC](https://forum.mentalhealthlaw.co.uk/t/ect-under-cto/2271 "2024-03-07T13:46:03Z")
Hi If an adult patient has capacity and consenting to ECT under a CTO whilst remaining in the community could the RC certify the course of ECT via a CTO12? Thanking you in advance. --- ## [S136 suite detention](https://forum.mentalhealthlaw.co.uk/t/s136-suite-detention/2209)
**Author:** [@desiwilliams](https://forum.mentalhealthlaw.co.uk/u/desiwilliams)\ **Replies:** 18\ **Last updated:** [8 February 2024 17:41 UTC](https://forum.mentalhealthlaw.co.uk/t/s136-suite-detention/2209 "2024-02-08T17:41:49Z")
I have been contacted by an IMHA on behalf of a person in a 136 suite for nearly a week whilst awaiting a bed with med recs completed. They were told they couldn’t leave and were being held under common law! Is it too s… --- ## [The MHA, force-feeding and best interests](https://forum.mentalhealthlaw.co.uk/t/the-mha-force-feeding-and-best-interests/2219)
**Author:** [@SPC](https://forum.mentalhealthlaw.co.uk/u/SPC)\ **Replies:** 4\ **Last updated:** [28 February 2024 12:09 UTC](https://forum.mentalhealthlaw.co.uk/t/the-mha-force-feeding-and-best-interests/2219 "2024-02-28T12:09:38Z")
Discharge planning is taking place for an S117-qualifying patient. There is a history of restrain and force-feeding and multiple hospital admissions. Can force-feeding occur in specified accommodations in the community… --- ## [Hospital Manager's renewal meeting after section changed](https://forum.mentalhealthlaw.co.uk/t/hospital-managers-renewal-meeting-after-section-changed/374)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 11\ **Last updated:** [20 February 2024 12:01 UTC](https://forum.mentalhealthlaw.co.uk/t/hospital-managers-renewal-meeting-after-section-changed/374 "2024-02-20T12:01:38Z")
We recently attended a renewal meeting in respect of a s37(n) who had been discharged onto a CTO by the time of the hearing. Despite our objections the Hospital Managers insisted on considering the statutory criteria rel… --- ## [Old MHAC MHA guides - have they been updated?](https://forum.mentalhealthlaw.co.uk/t/old-mhac-mha-guides-have-they-been-updated/2252)
**Author:** [@HelenR](https://forum.mentalhealthlaw.co.uk/u/HelenR)\ **Replies:** 6\ **Last updated:** [20 February 2024 09:26 UTC](https://forum.mentalhealthlaw.co.uk/t/old-mhac-mha-guides-have-they-been-updated/2252 "2024-02-20T09:26:23Z")
Dear wise ones, The MHAC (predecessor to the CQC for the youngsters out there) used to have a series of guides relating to areas of the MHA. They were really useful and I’d like to find out if the guidance on consent t… --- ## [No hospital name on AMHP application for s.2](https://forum.mentalhealthlaw.co.uk/t/no-hospital-name-on-amhp-application-for-s-2/2241)
**Author:** [@anonymous32](https://forum.mentalhealthlaw.co.uk/u/anonymous32)\ **Replies:** 4\ **Last updated:** [10 February 2024 11:35 UTC](https://forum.mentalhealthlaw.co.uk/t/no-hospital-name-on-amhp-application-for-s-2/2241 "2024-02-10T11:35:51Z")
Hi Having a bit of a dilemma. So AMHP has added the correct name of the Trust, name of the admitting ward and full postal address of the hospital of where the patient was received but omitted the name of the hospital on… --- ## [Imprisonment and s117 after Worcestershire decision](https://forum.mentalhealthlaw.co.uk/t/imprisonment-and-s117-after-worcestershire-decision/2006)
**Author:** [@fsswdoc](https://forum.mentalhealthlaw.co.uk/u/fsswdoc)\ **Replies:** 4\ **Last updated:** [5 February 2024 17:29 UTC](https://forum.mentalhealthlaw.co.uk/t/imprisonment-and-s117-after-worcestershire-decision/2006 "2024-02-05T17:29:34Z")
But I have a few questions regarding 117 in relation to 37, 47 and 48. The ruling mentions eligibility ends on imprisonment. This was not something people considered the case before this and leads to a very confusing si… --- ## [Does a GP need to obtain a patient's 'informed consent' before a referral to the CMHT?](https://forum.mentalhealthlaw.co.uk/t/does-a-gp-need-to-obtain-a-patients-informed-consent-before-a-referral-to-the-cmht/2207)
**Author:** [@Herystote](https://forum.mentalhealthlaw.co.uk/u/Herystote)\ **Replies:** 2\ **Last updated:** [3 February 2024 14:11 UTC](https://forum.mentalhealthlaw.co.uk/t/does-a-gp-need-to-obtain-a-patients-informed-consent-before-a-referral-to-the-cmht/2207 "2024-02-03T14:11:52Z")
Does a GP need to obtain a patient’s ‘informed consent’ before referring them to the community mental health team for an assessment? Not under the mental health act 1983. This assessment is to explore and investigate t… --- ## [How does an GP assess capacity of a patient?](https://forum.mentalhealthlaw.co.uk/t/how-does-an-gp-assess-capacity-of-a-patient/2186)
**Author:** [@Herystote](https://forum.mentalhealthlaw.co.uk/u/Herystote)\ **Replies:** 12\ **Last updated:** [3 February 2024 14:23 UTC](https://forum.mentalhealthlaw.co.uk/t/how-does-an-gp-assess-capacity-of-a-patient/2186 "2024-02-03T14:23:50Z")
How does a general practitioner assess capacity of their patient during an appointment? Do they ask them questions about who they are and where they are? Test their memory? Ask them questions about their personality e.… --- ## [Section 117 and 'Who Pays?' (latest statutory guidance on discharge)](https://forum.mentalhealthlaw.co.uk/t/section-117-and-who-pays-latest-statutory-guidance-on-discharge/2198)
**Author:** [@SteveC](https://forum.mentalhealthlaw.co.uk/u/SteveC)\ **Replies:** 8\ **Last updated:** [31 January 2024 16:32 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-and-who-pays-latest-statutory-guidance-on-discharge/2198 "2024-01-31T16:32:32Z")
The Statutory Guidance on discharge from mental health inpatient settings (published on 26 January) includes in Principle 8 (on funding mechanisms) a link to the latest ‘Who Pays?’ update on the government website. That… --- ## [Section 37/41 and prison](https://forum.mentalhealthlaw.co.uk/t/section-37-41-and-prison/2205)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 3\ **Last updated:** [31 January 2024 16:14 UTC](https://forum.mentalhealthlaw.co.uk/t/section-37-41-and-prison/2205 "2024-01-31T16:14:45Z")
Can a person be recalled to prison from a hospital setting under a S37/41 many thanks --- ## [General practitioner powers to get their patient assessed and sectioned?](https://forum.mentalhealthlaw.co.uk/t/general-practitioner-powers-to-get-their-patient-assessed-and-sectioned/2180)
**Author:** [@Herystote](https://forum.mentalhealthlaw.co.uk/u/Herystote)\ **Replies:** 3\ **Last updated:** [26 January 2024 19:26 UTC](https://forum.mentalhealthlaw.co.uk/t/general-practitioner-powers-to-get-their-patient-assessed-and-sectioned/2180 "2024-01-26T19:26:02Z")
If you are a GP and you have concerns over a patient’s mental health. What is the appropriate approach to raise this with the local authorities e.g. mental health teams about getting the patient assessed and possibly se… --- ## [What warrants the detention of the patient in a hospital for assessment?](https://forum.mentalhealthlaw.co.uk/t/what-warrants-the-detention-of-the-patient-in-a-hospital-for-assessment/2185)
**Author:** [@Herystote](https://forum.mentalhealthlaw.co.uk/u/Herystote)\ **Replies:** 3\ **Last updated:** [27 January 2024 13:12 UTC](https://forum.mentalhealthlaw.co.uk/t/what-warrants-the-detention-of-the-patient-in-a-hospital-for-assessment/2185 "2024-01-27T13:12:40Z")
What warrants the detention of the patient in a hospital for assessment? The symptoms of a mental disorder have to be significant to be seen in order to get to that stage? --- ## [Section 2 -- general practice notebook](https://forum.mentalhealthlaw.co.uk/t/section-2-general-practice-notebook/1419)
**Author:** [@Andrew](https://forum.mentalhealthlaw.co.uk/u/Andrew)\ **Replies:** 2\ **Last updated:** [7 January 2023 19:27 UTC](https://forum.mentalhealthlaw.co.uk/t/section-2-general-practice-notebook/1419 "2023-01-07T19:27:24Z")
Stimulated by another topic I searched to understand what a joint medical recommendation was and came upon this in the GP notebook relating to section 2 The medical recommendations must agree that the detention is in t… --- ## [Coercive tactics and ethics](https://forum.mentalhealthlaw.co.uk/t/coercive-tactics-and-ethics/2117)
**Author:** [@Paul1](https://forum.mentalhealthlaw.co.uk/u/Paul1)\ **Replies:** 14\ **Last updated:** [26 January 2024 17:29 UTC](https://forum.mentalhealthlaw.co.uk/t/coercive-tactics-and-ethics/2117 "2024-01-26T17:29:14Z")
I have a bit of an ethical dilemma. Imagine, if you would, a female patient with severe and enduring mental health problems. The main issue is her thought disorder. She also has physical health problems that require regu… --- ## [Conveyance & absconding](https://forum.mentalhealthlaw.co.uk/t/conveyance-absconding/2165)
**Author:** [@Ngema](https://forum.mentalhealthlaw.co.uk/u/Ngema)\ **Replies:** 5\ **Last updated:** [26 January 2024 09:03 UTC](https://forum.mentalhealthlaw.co.uk/t/conveyance-absconding/2165 "2024-01-26T09:03:45Z")
Good evening my dear colleagues. Statutory assessment for P under MHA, 2 meds recs completed for s2 & AMHP makes an application. Whilst waiting to convey him to hospital, P absconds therefore doesn’t get to be admitt… --- ## [Nearest relative identification query](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-identification-query/2173)
**Author:** [@anonymous28](https://forum.mentalhealthlaw.co.uk/u/anonymous28)\ **Replies:** 3\ **Last updated:** [25 January 2024 15:41 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-identification-query/2173 "2024-01-25T15:41:02Z")
Hi Patient under s3 - AMHP identified and consulted maternal aunt as NR as they had reason to believe mother (only other living relative) was living in South Africa at the time the application was made. Mother came back… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=10) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=12)