# Mental Health Act **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=13 [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:** 14 --- ## [CTO - time frame between AMHP signing Part 2 and RC signing Part 3](https://forum.mentalhealthlaw.co.uk/t/cto-time-frame-between-amhp-signing-part-2-and-rc-signing-part-3/2002)
**Author:** [@khoben88](https://forum.mentalhealthlaw.co.uk/u/khoben88)\ **Replies:** 1\ **Last updated:** [13 November 2023 11:52 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-time-frame-between-amhp-signing-part-2-and-rc-signing-part-3/2002 "2023-11-13T11:52:54Z")
I’ve got a patient who is being placed on CTO. The RC has completed the CTO1 part 1, the AMHP has completed their part and we have since discovered there is an issue with the funding and we are waiting for it to be appro… --- ## [Concurrent 37/41](https://forum.mentalhealthlaw.co.uk/t/concurrent-37-41/1987)
**Author:** [@Saralou50](https://forum.mentalhealthlaw.co.uk/u/Saralou50)\ **Replies:** 5\ **Last updated:** [11 November 2023 22:15 UTC](https://forum.mentalhealthlaw.co.uk/t/concurrent-37-41/1987 "2023-11-11T22:15:46Z")
We have a patient subject to two S37/41. The first one was unfit to please - the second one convicted. They are due in court tomorrow for the first unfit to please case. What happens with the second 37/41 - does this … --- ## [Which forms for s37 Transfer & Renewal?](https://forum.mentalhealthlaw.co.uk/t/which-forms-for-s37-transfer-renewal/1997)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 2\ **Last updated:** [6 November 2023 09:46 UTC](https://forum.mentalhealthlaw.co.uk/t/which-forms-for-s37-transfer-renewal/1997 "2023-11-06T09:46:13Z")
Hi Could anyone let me know what forms should be used when transferring a patient from one hospital to another and also to renew on a S37. Thanks in advance --- ## [S2 detained patient now AWOL](https://forum.mentalhealthlaw.co.uk/t/s2-detained-patient-now-awol/1980)
**Author:** [@AbbeyWeston](https://forum.mentalhealthlaw.co.uk/u/AbbeyWeston)\ **Replies:** 7\ **Last updated:** [3 November 2023 09:01 UTC](https://forum.mentalhealthlaw.co.uk/t/s2-detained-patient-now-awol/1980 "2023-11-03T09:01:35Z")
A patient who is detained under S2 has gone AWOL with the S2 expiring in a few days. Please could I have advice on any procedures I, as an MHAA would have to carry out if they do not return before the S2 --- ## [CTO Information Leaflets in Tigrinya](https://forum.mentalhealthlaw.co.uk/t/cto-information-leaflets-in-tigrinya/1687)
**Author:** [@helenlink](https://forum.mentalhealthlaw.co.uk/u/helenlink)\ **Replies:** 3\ **Last updated:** [26 October 2023 12:43 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-information-leaflets-in-tigrinya/1687 "2023-10-26T12:43:27Z")
I am hoping someone out there may have the CTO Patient information leaflet translated into Tigrinya that they would be willing to share. Many thanks Helen Link --- ## [S117 question - NOT linked to Worcestershire!](https://forum.mentalhealthlaw.co.uk/t/s117-question-not-linked-to-worcestershire/1961)
**Author:** [@SteveC](https://forum.mentalhealthlaw.co.uk/u/SteveC)\ **Replies:** 5\ **Last updated:** [26 October 2023 01:17 UTC](https://forum.mentalhealthlaw.co.uk/t/s117-question-not-linked-to-worcestershire/1961 "2023-10-26T01:17:31Z")
This is a s117 MHA Part III question. A person is ordinarily resident in Area A, and is convicted of a crime for which they receive a custodial sentence. The person is initially imprisoned in Area B, then transferred t… --- ## [Care Act and Section 117](https://forum.mentalhealthlaw.co.uk/t/care-act-and-section-117/1965)
**Author:** [@NewSocialWorker1](https://forum.mentalhealthlaw.co.uk/u/NewSocialWorker1)\ **Replies:** 2\ **Last updated:** [25 October 2023 20:55 UTC](https://forum.mentalhealthlaw.co.uk/t/care-act-and-section-117/1965 "2023-10-25T20:55:34Z")
Dear all I was wondering if you could kindly help with this. P was OR in area X. Previously detained under qualifying section, so subject to s117. P moved from area X to area Y by own volition. P was discharged by the … --- ## [H5 renewal - the route of furnishing the report](https://forum.mentalhealthlaw.co.uk/t/h5-renewal-the-route-of-furnishing-the-report/1922)
**Author:** [@MichelleMatt](https://forum.mentalhealthlaw.co.uk/u/MichelleMatt)\ **Replies:** 1\ **Last updated:** [23 October 2023 21:38 UTC](https://forum.mentalhealthlaw.co.uk/t/h5-renewal-the-route-of-furnishing-the-report/1922 "2023-10-23T21:38:37Z")
I have a H5 renewal where in part 3 the options deleted show that the RC furnished the report using the managers internal mail system but part 4 is ‘received by me on behalf of the hospital managers’. Does it make a diff… --- ## [Can a Section 37 and 48/49 run concurrently?](https://forum.mentalhealthlaw.co.uk/t/can-a-section-37-and-48-49-run-concurrently/1955)
**Author:** [@Saralou50](https://forum.mentalhealthlaw.co.uk/u/Saralou50)\ **Replies:** 2\ **Last updated:** [18 October 2023 14:04 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-section-37-and-48-49-run-concurrently/1955 "2023-10-18T14:04:31Z")
We have a patient who was subject to S37 out of area and subsequently placed on remand on transferred to us under S48/49 for a separate offence. What happens to the S37 - does this automatically end or will it run concu… --- ## [Early release from Section 45A order](https://forum.mentalhealthlaw.co.uk/t/early-release-from-section-45a-order/1950)
**Author:** [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\ **Replies:** 3\ **Last updated:** [17 October 2023 15:17 UTC](https://forum.mentalhealthlaw.co.uk/t/early-release-from-section-45a-order/1950 "2023-10-17T15:17:22Z")
Does anyone know if an offender sentenced to a Section 45a order after a homicide is eligible for early release on completion of half his tariff? Are there any sources/guidelines on this? --- ## [CTO & s117 responsibility](https://forum.mentalhealthlaw.co.uk/t/cto-s117-responsibility/1871)
**Author:** [@Ngema](https://forum.mentalhealthlaw.co.uk/u/Ngema)\ **Replies:** 15\ **Last updated:** [12 October 2023 21:15 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-s117-responsibility/1871 "2023-10-12T21:15:39Z")
Dear colleagues, With the new rulling information, what is the guidance regarding CTO. P is placed in a 24hr care provision in borough B by borough A on a CTO: within the first 6 months he relapses, recalled to hospit… --- ## [Nearest relative's right to information about patient](https://forum.mentalhealthlaw.co.uk/t/nearest-relatives-right-to-information-about-patient/1935)
**Author:** [@Beatrice](https://forum.mentalhealthlaw.co.uk/u/Beatrice)\ **Replies:** 4\ **Last updated:** [12 October 2023 11:49 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relatives-right-to-information-about-patient/1935 "2023-10-12T11:49:17Z")
I have a question maybe its a silly one :). A patient on Sec 2 was put on Section 3. Nearest relative(mom) did not object as it was felt treatment would be beneficial. Now patient has informed staff they do not want a… --- ## [Evidence of mental disorder required for s2 detention](https://forum.mentalhealthlaw.co.uk/t/evidence-of-mental-disorder-required-for-s2-detention/1321)
**Author:** [@Andrew](https://forum.mentalhealthlaw.co.uk/u/Andrew)\ **Replies:** 11\ **Last updated:** [11 October 2023 21:44 UTC](https://forum.mentalhealthlaw.co.uk/t/evidence-of-mental-disorder-required-for-s2-detention/1321 "2023-10-11T21:44:41Z")
Section 2 requires the presence of a mental disorder from which risk arises ( code of practice 14.4, 14.75 2.6). In my case the recommendation report documents that no mental disorder was found, but detention based on a … --- ## [Old Forms](https://forum.mentalhealthlaw.co.uk/t/old-forms/1927)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 3\ **Last updated:** [11 October 2023 12:40 UTC](https://forum.mentalhealthlaw.co.uk/t/old-forms/1927 "2023-10-11T12:40:54Z")
If an old version of an A8 & A6 is used, completed on the 11/12/2020, new forms should be used as from 01/12/2020, are the papers still valid. Thanks --- ## [Which of the three local authorities is responsible for this s3 assessment?](https://forum.mentalhealthlaw.co.uk/t/which-of-the-three-local-authorities-is-responsible-for-this-s3-assessment/1892)
**Author:** [@alikelly](https://forum.mentalhealthlaw.co.uk/u/alikelly)\ **Replies:** 4\ **Last updated:** [11 October 2023 10:19 UTC](https://forum.mentalhealthlaw.co.uk/t/which-of-the-three-local-authorities-is-responsible-for-this-s3-assessment/1892 "2023-10-11T10:19:24Z")
Continuing the discussion from Who is responsible for out-of-area MHA assessment?: Sorry can I just ask another question for this post, appreciate it was a while ago. P is living in Local Authority A, admitted to A&E i… --- ## [MOJ adding a condition to a conditional discharge](https://forum.mentalhealthlaw.co.uk/t/moj-adding-a-condition-to-a-conditional-discharge/1910)
**Author:** [@anonymous26](https://forum.mentalhealthlaw.co.uk/u/anonymous26)\ **Replies:** 3\ **Last updated:** [9 October 2023 21:50 UTC](https://forum.mentalhealthlaw.co.uk/t/moj-adding-a-condition-to-a-conditional-discharge/1910 "2023-10-09T21:50:33Z")
I’ve come across a situation where a client was conditionally discharged from a s37/41 a few months ago, and the panel decided not to impose a condition of an exclusion zone. He has since received a letter from the MOJ a… --- ## [Statutory assessments under MHA & Interpreters](https://forum.mentalhealthlaw.co.uk/t/statutory-assessments-under-mha-interpreters/1903)
**Author:** [@Ngema](https://forum.mentalhealthlaw.co.uk/u/Ngema)\ **Replies:** 4\ **Last updated:** [9 October 2023 09:33 UTC](https://forum.mentalhealthlaw.co.uk/t/statutory-assessments-under-mha-interpreters/1903 "2023-10-09T09:33:36Z")
Good evening colleagues, Post covid , where do we stand by law about MHA assessments and interpretation? I am aware that assessments need and must be done face to face. It is becoming more of a usual practice that inter… --- ## [Can RCs defer s23 discharge to a future date/time?](https://forum.mentalhealthlaw.co.uk/t/can-rcs-defer-s23-discharge-to-a-future-date-time/1894)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 9\ **Last updated:** [4 October 2023 22:48 UTC](https://forum.mentalhealthlaw.co.uk/t/can-rcs-defer-s23-discharge-to-a-future-date-time/1894 "2023-10-04T22:48:08Z")
Is there a definitive answer to this question? And what is the effect when it’s attempted – does discharge happen immediately, on the future date/time, or not at all? I’ve just realised that what makes RCs think they c… --- ## [Time limits for appealing against hospital orders](https://forum.mentalhealthlaw.co.uk/t/time-limits-for-appealing-against-hospital-orders/1906)
**Author:** [@Wendy](https://forum.mentalhealthlaw.co.uk/u/Wendy)\ **Replies:** 4\ **Last updated:** [4 October 2023 15:30 UTC](https://forum.mentalhealthlaw.co.uk/t/time-limits-for-appealing-against-hospital-orders/1906 "2023-10-04T15:30:29Z")
I have seen two documents that say if someone does not agree with the court in regards to their S37/41 they can appeal to the court, one document states within 21 days and another states within 28 days. Does anyone know… --- ## [Lawfulness of back-to-back CTO recalls](https://forum.mentalhealthlaw.co.uk/t/lawfulness-of-back-to-back-cto-recalls/1888)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 5\ **Last updated:** [29 September 2023 11:35 UTC](https://forum.mentalhealthlaw.co.uk/t/lawfulness-of-back-to-back-cto-recalls/1888 "2023-09-29T11:35:43Z")
If a patient is recall, but they can’t get an AMHP out in time to complete the revoke, When the 72hrs is up the authority holding the CTO transfers to the authority to the hospital they are at and the RC there, immediate… --- ## [Nearest Relative request to discharge AWOL patient](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-request-to-discharge-awol-patient/1885)
**Author:** [@Beatrice](https://forum.mentalhealthlaw.co.uk/u/Beatrice)\ **Replies:** 4\ **Last updated:** [26 September 2023 20:59 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-request-to-discharge-awol-patient/1885 "2023-09-26T20:59:58Z")
A patient was taken out by the nearest relative on escorted leave. NR has refused to bring them back after the leave expired and has now written to request to discharge. I am thinking NR request to discharge is to disc… --- ## [Who is responsible for out-of-area MHA assessment?](https://forum.mentalhealthlaw.co.uk/t/who-is-responsible-for-out-of-area-mha-assessment/1410)
**Author:** [@JTJT](https://forum.mentalhealthlaw.co.uk/u/JTJT)\ **Replies:** 4\ **Last updated:** [16 December 2022 11:44 UTC](https://forum.mentalhealthlaw.co.uk/t/who-is-responsible-for-out-of-area-mha-assessment/1410 "2022-12-16T11:44:20Z")
Local Authority A place patient on Section 2. Patient is admitted to private hospital out of area. Section 3 is requested. Local Authority A is refusing to assess. Hospital are stating that LA B where hospital is will … --- ## [Deferred s23 discharge and CTO scheduled for exactly the same time](https://forum.mentalhealthlaw.co.uk/t/deferred-s23-discharge-and-cto-scheduled-for-exactly-the-same-time/1874)
**Author:** [@Amy](https://forum.mentalhealthlaw.co.uk/u/Amy)\ **Replies:** 7\ **Last updated:** [25 September 2023 13:20 UTC](https://forum.mentalhealthlaw.co.uk/t/deferred-s23-discharge-and-cto-scheduled-for-exactly-the-same-time/1874 "2023-09-25T13:20:39Z")
Hi, Wondered if we could get some advice? We have a client who we have received a S.23 notice discharging them at 1pm, however we then received a CTO1 making the client subject to a CTO at 1pm on the same day. Does thi… --- ## [Lawfulness of conditions of residence](https://forum.mentalhealthlaw.co.uk/t/lawfulness-of-conditions-of-residence/1876)
**Author:** [@Ngema](https://forum.mentalhealthlaw.co.uk/u/Ngema)\ **Replies:** 7\ **Last updated:** [25 September 2023 11:38 UTC](https://forum.mentalhealthlaw.co.uk/t/lawfulness-of-conditions-of-residence/1876 "2023-09-25T11:38:03Z")
Continuing the discussion from CTO & s117 responsibility: I thought “residing at a particular place/ address” cannot be a CTO condition and only DoLS can cover residing ar condition…… --- ## [Can a hospital admission be defined as after-care?](https://forum.mentalhealthlaw.co.uk/t/can-a-hospital-admission-be-defined-as-after-care/1800)
**Author:** [@Nickwoo](https://forum.mentalhealthlaw.co.uk/u/Nickwoo)\ **Replies:** 6\ **Last updated:** [24 September 2023 22:09 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-hospital-admission-be-defined-as-after-care/1800 "2023-09-24T22:09:05Z")
Just been reading the Worcestershire decision from the Supreme Court. Paragraph 53 says " 1. We do not agree, however, that this consequence follows. What takes a person outside the class of persons specified in sectio… --- ## [Hearings following Form M2 barring NR discharge](https://forum.mentalhealthlaw.co.uk/t/hearings-following-form-m2-barring-nr-discharge/1690)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 13\ **Last updated:** [11 September 2023 14:45 UTC](https://forum.mentalhealthlaw.co.uk/t/hearings-following-form-m2-barring-nr-discharge/1690 "2023-09-11T14:45:29Z")
If a RC completes a M2 barring NR discharge does the hospital have to hold a managers hearing or tribunal or is it up to the NR to apply. Many thanks --- ## [Record of detention forms - H3](https://forum.mentalhealthlaw.co.uk/t/record-of-detention-forms-h3/1839)
**Author:** [@anonymous26](https://forum.mentalhealthlaw.co.uk/u/anonymous26)\ **Replies:** 2\ **Last updated:** [7 September 2023 11:56 UTC](https://forum.mentalhealthlaw.co.uk/t/record-of-detention-forms-h3/1839 "2023-09-07T11:56:52Z")
Hi, on the record of detention form (H3), how long does the hospital manager have to sign the form after the application was received? --- ## [When does Supreme Court decision in Worcestershire County Council case come into effect?](https://forum.mentalhealthlaw.co.uk/t/when-does-supreme-court-decision-in-worcestershire-county-council-case-come-into-effect/1840)
**Author:** [@davidseward](https://forum.mentalhealthlaw.co.uk/u/davidseward)\ **Replies:** 1\ **Last updated:** [6 September 2023 23:56 UTC](https://forum.mentalhealthlaw.co.uk/t/when-does-supreme-court-decision-in-worcestershire-county-council-case-come-into-effect/1840 "2023-09-06T23:56:40Z")
Continuing the discussion from Case (Ordinary residence and s117). R (Worcestershire County Council) v SSHSC \[2023\] UKSC 31: Hi, with the Supreme Court ruling, does it come into effect straight away? So if someone was d… --- ## [What are you rights if you are to be sectioned?](https://forum.mentalhealthlaw.co.uk/t/what-are-you-rights-if-you-are-to-be-sectioned/1821)
**Author:** [@justice](https://forum.mentalhealthlaw.co.uk/u/justice)\ **Replies:** 1\ **Last updated:** [2 September 2023 15:08 UTC](https://forum.mentalhealthlaw.co.uk/t/what-are-you-rights-if-you-are-to-be-sectioned/1821 "2023-09-02T15:08:31Z")
Are you entitled to a mental health lawyer before Section 2 is applied? If the provisions under Section 2 have not been adhered to will you be compensated? What if the there has been malpractice or unethical conduct by… --- ## [Power to detain AWOL patients](https://forum.mentalhealthlaw.co.uk/t/power-to-detain-awol-patients/1824)
**Author:** [@NW2521](https://forum.mentalhealthlaw.co.uk/u/NW2521)\ **Replies:** 4\ **Last updated:** [1 September 2023 16:41 UTC](https://forum.mentalhealthlaw.co.uk/t/power-to-detain-awol-patients/1824 "2023-09-01T16:41:51Z")
Can I ask for some advice please on the below, Section 18 MHA provides a power for an AWOL patient to to be detained and returned to hospital. Recently I have been told by a few colleagues that this power only applies … [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=12) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=14)