# Mental Health Act **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=12 [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:** 13 --- ## [S117 for student and Ordinary Residence](https://forum.mentalhealthlaw.co.uk/t/s117-for-student-and-ordinary-residence/2163)
**Author:** [@NewSocialWorker1](https://forum.mentalhealthlaw.co.uk/u/NewSocialWorker1)\ **Replies:** 4\ **Last updated:** [24 January 2024 07:10 UTC](https://forum.mentalhealthlaw.co.uk/t/s117-for-student-and-ordinary-residence/2163 "2024-01-24T07:10:53Z")
Hi all, I would be very grateful for your comments/advise on this. P was living in county A, then moved to county B where he went to University. He later became unwell, left University to stay with a family in county B… --- ## [Effect of death on NR delegation](https://forum.mentalhealthlaw.co.uk/t/effect-of-death-on-nr-delegation/2162)
**Author:** [@Sophie\_Holloway](https://forum.mentalhealthlaw.co.uk/u/Sophie_Holloway)\ **Replies:** 5\ **Last updated:** [24 January 2024 07:10 UTC](https://forum.mentalhealthlaw.co.uk/t/effect-of-death-on-nr-delegation/2162 "2024-01-24T07:10:30Z")
Hi, Can anyone tell me if a NR delegates their power to another, what happens if the original NR dies. Does the delegated NR still hold the NR title or does it then pass to the ‘next in line’? Thanks --- ## [NR displaced and then passes away](https://forum.mentalhealthlaw.co.uk/t/nr-displaced-and-then-passes-away/2146)
**Author:** [@SPurkis](https://forum.mentalhealthlaw.co.uk/u/SPurkis)\ **Replies:** 2\ **Last updated:** [18 January 2024 17:21 UTC](https://forum.mentalhealthlaw.co.uk/t/nr-displaced-and-then-passes-away/2146 "2024-01-18T17:21:51Z")
Hello, I have a case where the patient’s NR was his father. His father was displaced as NR in 2019 following NR displacement proceedings in the County Court. The Local Authority were appointed as NR. His dad passed awa… --- ## [No name of AMHP- Invalid Section?](https://forum.mentalhealthlaw.co.uk/t/no-name-of-amhp-invalid-section/2156)
**Author:** [@Beatrice](https://forum.mentalhealthlaw.co.uk/u/Beatrice)\ **Replies:** 1\ **Last updated:** [22 January 2024 11:52 UTC](https://forum.mentalhealthlaw.co.uk/t/no-name-of-amhp-invalid-section/2156 "2024-01-22T11:52:50Z")
I have just received some paperwork and notice that the AMHP did not put their name on the application. I read that Section 15 applies if Doctors or AMHP does not give full name or address(initials are not accepted). I… --- ## [Reasons for displacement of NR after s3 objection](https://forum.mentalhealthlaw.co.uk/t/reasons-for-displacement-of-nr-after-s3-objection/2142)
**Author:** [@Lawyermentalhealth](https://forum.mentalhealthlaw.co.uk/u/Lawyermentalhealth)\ **Replies:** 7\ **Last updated:** [17 January 2024 21:15 UTC](https://forum.mentalhealthlaw.co.uk/t/reasons-for-displacement-of-nr-after-s3-objection/2142 "2024-01-17T21:15:28Z")
Good day all, I understand that a NR can object to a s3 and the NR can be displaced if the AMHP is of the view that they are being unreasonable by disagreeing. Can anyone please explain if there are any particular factor… --- ## [Nearest relative's power to object](https://forum.mentalhealthlaw.co.uk/t/nearest-relatives-power-to-object/2137)
**Author:** [@Wendy3](https://forum.mentalhealthlaw.co.uk/u/Wendy3)\ **Replies:** 0\ **Last updated:** [13 January 2024 16:40 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relatives-power-to-object/2137 "2024-01-13T16:40:17Z")
Why does the nearest relative have the choice of objecting to a sectioning of a close relative? The mental health will only bar the nearest relative. In my opinion i cant see the reasoning of objecting as this has caused… --- ## [Nearest Relative withdrawal of order to discharge](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-withdrawal-of-order-to-discharge/2030)
**Author:** [@Cathd](https://forum.mentalhealthlaw.co.uk/u/Cathd)\ **Replies:** 7\ **Last updated:** [11 January 2024 17:35 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-withdrawal-of-order-to-discharge/2030 "2024-01-11T17:35:49Z")
If a nearest relative gives notice of their intention to discharge their relative and the RC completes the barring certificate can the NR then withdraw their notice. Thanks --- ## [H5 incomplete s3 renewal](https://forum.mentalhealthlaw.co.uk/t/h5-incomplete-s3-renewal/2130)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 4\ **Last updated:** [9 January 2024 11:51 UTC](https://forum.mentalhealthlaw.co.uk/t/h5-incomplete-s3-renewal/2130 "2024-01-09T11:51:51Z")
I am currently checking papers for a transfer to us, A H5 dated 2021, has not got Part 4 completed at all, Does this invalidate the section. many thanks in advance --- ## [Procedure for granting section 17 leave](https://forum.mentalhealthlaw.co.uk/t/procedure-for-granting-section-17-leave/2111)
**Author:** [@Taylor](https://forum.mentalhealthlaw.co.uk/u/Taylor)\ **Replies:** 4\ **Last updated:** [5 January 2024 22:25 UTC](https://forum.mentalhealthlaw.co.uk/t/procedure-for-granting-section-17-leave/2111 "2024-01-05T22:25:03Z")
Can a doctor trained and registered to act as an RC who is not the patients RC and are not in writing as an acting RC for them still grant the patient leave? If not what happens with duty consultants - I know when I call… --- ## [Refusal of s17 leave for court appearance](https://forum.mentalhealthlaw.co.uk/t/refusal-of-s17-leave-for-court-appearance/2113)
**Author:** [@Taylor](https://forum.mentalhealthlaw.co.uk/u/Taylor)\ **Replies:** 1\ **Last updated:** [5 January 2024 09:28 UTC](https://forum.mentalhealthlaw.co.uk/t/refusal-of-s17-leave-for-court-appearance/2113 "2024-01-05T09:28:28Z")
Can RC refuses leave for a court appearance? If they cant then - where is this said in law, case law or tertiary legislation /guidance? If they can the would the patient not be committing an offence of failing to atten… --- ## [Release from ward of sectioned person without s17 in exceptional circumstances ](https://forum.mentalhealthlaw.co.uk/t/release-from-ward-of-sectioned-person-without-s17-in-exceptional-circumstances/2114)
**Author:** [@Taylor](https://forum.mentalhealthlaw.co.uk/u/Taylor)\ **Replies:** 1\ **Last updated:** [5 January 2024 09:08 UTC](https://forum.mentalhealthlaw.co.uk/t/release-from-ward-of-sectioned-person-without-s17-in-exceptional-circumstances/2114 "2024-01-05T09:08:07Z")
Can a nurse legally let a patient on section off a ward without s17 in exceptional circumstances? For example if an ambulance was with a patient for say a cardiac arrest would the nurse have to wait for s17 to be writte… --- ## [Is absconding a criminal offence?](https://forum.mentalhealthlaw.co.uk/t/is-absconding-a-criminal-offence/2112)
**Author:** [@Taylor](https://forum.mentalhealthlaw.co.uk/u/Taylor)\ **Replies:** 1\ **Last updated:** [5 January 2024 00:16 UTC](https://forum.mentalhealthlaw.co.uk/t/is-absconding-a-criminal-offence/2112 "2024-01-05T00:16:15Z")
Dose a patient commit a criminal offence if they abscond from compulsory treatment under the MHA ? I am awear that it is an offence to assist a patient to abscond under section 128 MHA but dose the patient them selves c… --- ## [CTO11 and CTO12 review/renewal](https://forum.mentalhealthlaw.co.uk/t/cto11-and-cto12-review-renewal/2095)
**Author:** [@JuliaM](https://forum.mentalhealthlaw.co.uk/u/JuliaM)\ **Replies:** 2\ **Last updated:** [21 December 2023 16:34 UTC](https://forum.mentalhealthlaw.co.uk/t/cto11-and-cto12-review-renewal/2095 "2023-12-21T16:34:44Z")
How often should these forms be reviewed? i.e. if there is no other change to consent, capacity etc. Many thanks. --- ## [Revocation of CTO patient and s.21 MHA](https://forum.mentalhealthlaw.co.uk/t/revocation-of-cto-patient-and-s-21-mha/2089)
**Author:** [@anonymous28](https://forum.mentalhealthlaw.co.uk/u/anonymous28)\ **Replies:** 2\ **Last updated:** [16 December 2023 22:26 UTC](https://forum.mentalhealthlaw.co.uk/t/revocation-of-cto-patient-and-s-21-mha/2089 "2023-12-16T22:26:00Z")
Dear all A CTO patient did not attend appointments to allow RC to examine patient for purpose of extending CTO within the 2 months of section expiry. Two days before the CTO authority was due to lapse a recall notice w… --- ## [RC barring s3 discharge then putting patient on CTO](https://forum.mentalhealthlaw.co.uk/t/rc-barring-s3-discharge-then-putting-patient-on-cto/2083)
**Author:** [@Jojo](https://forum.mentalhealthlaw.co.uk/u/Jojo)\ **Replies:** 8\ **Last updated:** [14 December 2023 22:55 UTC](https://forum.mentalhealthlaw.co.uk/t/rc-barring-s3-discharge-then-putting-patient-on-cto/2083 "2023-12-14T22:55:15Z")
Hi If an RC bars a NR request for discharge of a S.3 patient, then puts the patient on a CTO before the Managers have reivewed the Order, does the Managers review have to still go ahead? --- ## [Delay between examination and signature on medical recommendation](https://forum.mentalhealthlaw.co.uk/t/delay-between-examination-and-signature-on-medical-recommendation/2081)
**Author:** [@lkerosevic](https://forum.mentalhealthlaw.co.uk/u/lkerosevic)\ **Replies:** 2\ **Last updated:** [7 December 2023 14:09 UTC](https://forum.mentalhealthlaw.co.uk/t/delay-between-examination-and-signature-on-medical-recommendation/2081 "2023-12-07T14:09:48Z")
Continuing the discussion from Time period between s2 recommendation and application: Jumping on the back of this thread…are there any legal barriers to med recs signed & dated some days/ a week after the examination da… --- ## [Time period between s2 recommendation and application](https://forum.mentalhealthlaw.co.uk/t/time-period-between-s2-recommendation-and-application/2051)
**Author:** [@S4mathew](https://forum.mentalhealthlaw.co.uk/u/S4mathew)\ **Replies:** 5\ **Last updated:** [29 November 2023 23:28 UTC](https://forum.mentalhealthlaw.co.uk/t/time-period-between-s2-recommendation-and-application/2051 "2023-11-29T23:28:51Z")
Hello everyone One of my colleagues received a patient on section 2 and gave me the paperwork to complete the process ( he received the patient at the end of his shift) but while I was checking the A4 ( medical recomme… --- ## [Impact of Manchester v JS](https://forum.mentalhealthlaw.co.uk/t/impact-of-manchester-v-js/2033)
**Author:** [@mardydave](https://forum.mentalhealthlaw.co.uk/u/mardydave)\ **Replies:** 7\ **Last updated:** [6 December 2023 19:28 UTC](https://forum.mentalhealthlaw.co.uk/t/impact-of-manchester-v-js/2033 "2023-12-06T19:28:39Z")
Hi all, Colleagues and I have been having a debate about this. Some feel the JS case restores the primacy of the MHA from GJ, so making AM v SLAM redundant. Others feel AM v SLAM is still relevant. I would be interest… --- ## [Can I admit without AMHP documents?](https://forum.mentalhealthlaw.co.uk/t/can-i-admit-without-amhp-documents/2039)
**Author:** [@S4mathew](https://forum.mentalhealthlaw.co.uk/u/S4mathew)\ **Replies:** 6\ **Last updated:** [29 November 2023 18:39 UTC](https://forum.mentalhealthlaw.co.uk/t/can-i-admit-without-amhp-documents/2039 "2023-11-29T18:39:15Z")
can I admit a patients on section 2 without AMPH paperwork. they promise me paper by next day as they have some technical issues. is it legal to admit a patient without AMPH referral in hand. please advise me --- ## [Circumstances in which patient can change nearest relative](https://forum.mentalhealthlaw.co.uk/t/circumstances-in-which-patient-can-change-nearest-relative/2044)
**Author:** [@Rosemaryherb](https://forum.mentalhealthlaw.co.uk/u/Rosemaryherb)\ **Replies:** 1\ **Last updated:** [29 November 2023 11:29 UTC](https://forum.mentalhealthlaw.co.uk/t/circumstances-in-which-patient-can-change-nearest-relative/2044 "2023-11-29T11:29:51Z")
Continuing the discussion from Contacting NR without patient’s consent: Although there is a to speak to the NR - the patient has a right to CHANGE their NR. --- ## [Contacting NR without patient's consent](https://forum.mentalhealthlaw.co.uk/t/contacting-nr-without-patients-consent/2042)
**Author:** [@NewSocialWorker1](https://forum.mentalhealthlaw.co.uk/u/NewSocialWorker1)\ **Replies:** 10\ **Last updated:** [29 November 2023 11:26 UTC](https://forum.mentalhealthlaw.co.uk/t/contacting-nr-without-patients-consent/2042 "2023-11-29T11:26:17Z")
Hi all, I am completing a Social Circumstances Report for MHT. Patient detained under s3. He did not give consent to contact his mother (NR within the meaning of the Act). Am I oblige to speak with the NR without the pat… --- ## [Nearest Relative information leaflets in other languages](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-information-leaflets-in-other-languages/2043)
**Author:** [@Beth](https://forum.mentalhealthlaw.co.uk/u/Beth)\ **Replies:** 4\ **Last updated:** [29 November 2023 11:24 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-information-leaflets-in-other-languages/2043 "2023-11-29T11:24:28Z")
Hello, I was wondering if anyone had any links or resources for information leaflets for nearest relatives regarding their rights in different languages? thanks --- ## [Current MOJ policy on residence conditions and addresses](https://forum.mentalhealthlaw.co.uk/t/current-moj-policy-on-residence-conditions-and-addresses/2027)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 0\ **Last updated:** [27 November 2023 09:25 UTC](https://forum.mentalhealthlaw.co.uk/t/current-moj-policy-on-residence-conditions-and-addresses/2027 "2023-11-27T09:25:11Z")
A few years ago the Ministry of Justice lost track of a patient, then published a new policy that all conditionally discharged patients were to have a residence condition containing an address, and that the MOJ would add… --- ## [Date missing on AMHP's application - invalid detention?](https://forum.mentalhealthlaw.co.uk/t/date-missing-on-amhps-application-invalid-detention/2025)
**Author:** [@Sophie\_Holloway](https://forum.mentalhealthlaw.co.uk/u/Sophie_Holloway)\ **Replies:** 9\ **Last updated:** [25 November 2023 14:21 UTC](https://forum.mentalhealthlaw.co.uk/t/date-missing-on-amhps-application-invalid-detention/2025 "2023-11-25T14:21:10Z")
Hi, I have just been looking at the original section 3 papers for a client whose section began in 2015. In the AMHP application, where they are asked to put the date on which they met with in order to confirm that the … --- ## [S117 Aftercare - Free Prescriptions](https://forum.mentalhealthlaw.co.uk/t/s117-aftercare-free-prescriptions/1424)
**Author:** [@Mark](https://forum.mentalhealthlaw.co.uk/u/Mark)\ **Replies:** 5\ **Last updated:** [24 November 2023 11:44 UTC](https://forum.mentalhealthlaw.co.uk/t/s117-aftercare-free-prescriptions/1424 "2023-11-24T11:44:43Z")
My daughter was sectioned under s3 of the MHA and subsequently discharged. My understanding is that she is entitled to s117 aftercare due to being detained under s3. I have been arguing that she should receive free ment… --- ## [Incorrect NR identified on Section 3 AMHP application](https://forum.mentalhealthlaw.co.uk/t/incorrect-nr-identified-on-section-3-amhp-application/2018)
**Author:** [@anonymous28](https://forum.mentalhealthlaw.co.uk/u/anonymous28)\ **Replies:** 3\ **Last updated:** [23 November 2023 17:26 UTC](https://forum.mentalhealthlaw.co.uk/t/incorrect-nr-identified-on-section-3-amhp-application/2018 "2023-11-23T17:26:08Z")
Hi So AMHP has consulted and named a NR in their application for s3 who had delegated their role to another person in 2018 to run indefinitely. Having checked the delegation to ensure it hasn’t ended in the ways that it… --- ## [Committing offence while detained under section 136 at place of safety and awaiting assessment](https://forum.mentalhealthlaw.co.uk/t/committing-offence-while-detained-under-section-136-at-place-of-safety-and-awaiting-assessment/2020)
**Author:** [@prex1971](https://forum.mentalhealthlaw.co.uk/u/prex1971)\ **Replies:** 1\ **Last updated:** [23 November 2023 17:17 UTC](https://forum.mentalhealthlaw.co.uk/t/committing-offence-while-detained-under-section-136-at-place-of-safety-and-awaiting-assessment/2020 "2023-11-23T17:17:48Z")
In a nutshell it seems like a simple question, If a person detained under section 136 at a Place of Safety, awaiting assessment commits an offence should they remain, await and complete the assessment or go to custody? T… --- ## [Incomplete renewal papers](https://forum.mentalhealthlaw.co.uk/t/incomplete-renewal-papers/1949)
**Author:** [@anonymous26](https://forum.mentalhealthlaw.co.uk/u/anonymous26)\ **Replies:** 4\ **Last updated:** [17 November 2023 13:26 UTC](https://forum.mentalhealthlaw.co.uk/t/incomplete-renewal-papers/1949 "2023-11-17T13:26:37Z")
Hi, I have come across renewal section papers (Form H5) where no deletions have been made in parts 3 or 4 regarding furnishing of the report. The renewal form is from 2022. Does this potentially invalidate the renewal of… --- ## [S3 Renewal & managers hearing](https://forum.mentalhealthlaw.co.uk/t/s3-renewal-managers-hearing/2010)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 2\ **Last updated:** [14 November 2023 18:49 UTC](https://forum.mentalhealthlaw.co.uk/t/s3-renewal-managers-hearing/2010 "2023-11-14T18:49:09Z")
Hi If a managers hearing isn’t completed with a renewal period, does it make the section invalid, if it renewed again Thanks --- ## [Emergency section 17 leave on section 5(4)/5(2) holding powers](https://forum.mentalhealthlaw.co.uk/t/emergency-section-17-leave-on-section-5-4-5-2-holding-powers/2008)
**Author:** [@Taylor](https://forum.mentalhealthlaw.co.uk/u/Taylor)\ **Replies:** 2\ **Last updated:** [14 November 2023 16:10 UTC](https://forum.mentalhealthlaw.co.uk/t/emergency-section-17-leave-on-section-5-4-5-2-holding-powers/2008 "2023-11-14T16:10:53Z")
Hello, I have come across a case were a patient requested to leave a mental health hospital as a informal patient and was placed on a section 5, 4. He then self harmed to an extent that he need medical reviwe in the loc… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=11) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=13)