# Mental Health Act **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=14 [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:** 15 --- ## [CTO1 - incorrect information](https://forum.mentalhealthlaw.co.uk/t/cto1-incorrect-information/1752)
**Author:** [@Cheryl](https://forum.mentalhealthlaw.co.uk/u/Cheryl)\ **Replies:** 5\ **Last updated:** [31 August 2023 13:04 UTC](https://forum.mentalhealthlaw.co.uk/t/cto1-incorrect-information/1752 "2023-08-31T13:04:41Z")
A CTO1 with the patient address listed as X hospital rather than X street. The address is also different to the one listed as a condition of residence. The MHAA has added file note stating that as the addresses are stil… --- ## [Secretary of State discharge of Restricted Patients](https://forum.mentalhealthlaw.co.uk/t/secretary-of-state-discharge-of-restricted-patients/1812)
**Author:** [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\ **Replies:** 3\ **Last updated:** [28 August 2023 22:10 UTC](https://forum.mentalhealthlaw.co.uk/t/secretary-of-state-discharge-of-restricted-patients/1812 "2023-08-28T22:10:22Z")
Is there any guidance or law on the criteria for the discharge of Restricted patients by the Secretary of State alone (ie without a Tribunal)? I’ve not been able to find any. I’m struggling to understand why some restr… --- ## [CTO and NR instructed discharge](https://forum.mentalhealthlaw.co.uk/t/cto-and-nr-instructed-discharge/1795)
**Author:** [@PaulH58](https://forum.mentalhealthlaw.co.uk/u/PaulH58)\ **Replies:** 7\ **Last updated:** [21 August 2023 08:16 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-and-nr-instructed-discharge/1795 "2023-08-21T08:16:07Z")
Apologies for starters I am relying on a rather old Jones for information so it may be that later case decisions have intervened. A Nearest Relative instructs discharge of patient detained under s.3. RC feels threshold… --- ## [Determining s117 responsibility for s47 transfers](https://forum.mentalhealthlaw.co.uk/t/determining-s117-responsibility-for-s47-transfers/1790)
**Author:** [@JadieH](https://forum.mentalhealthlaw.co.uk/u/JadieH)\ **Replies:** 2\ **Last updated:** [19 August 2023 21:25 UTC](https://forum.mentalhealthlaw.co.uk/t/determining-s117-responsibility-for-s47-transfers/1790 "2023-08-19T21:25:54Z")
I’m looking to figure out how we determine which LA/ICB is responsible for a patient who was initially sentenced to prison but was then transferred to hospital when they became unwell? I presume that it will be the area … --- ## [Section 37 - further offence and patient now in prison on remand](https://forum.mentalhealthlaw.co.uk/t/section-37-further-offence-and-patient-now-in-prison-on-remand/1786)
**Author:** [@Saralou50](https://forum.mentalhealthlaw.co.uk/u/Saralou50)\ **Replies:** 4\ **Last updated:** [18 August 2023 11:41 UTC](https://forum.mentalhealthlaw.co.uk/t/section-37-further-offence-and-patient-now-in-prison-on-remand/1786 "2023-08-18T11:41:06Z")
We have a patient who is currently on a S37 who has committed a further offence and is now on remand in prison. The risks are too high to return to the unit. Does the S37 remain or will the remand in prison end it? --- ## [Timing discharge of MHA detention with start of MCA detention](https://forum.mentalhealthlaw.co.uk/t/timing-discharge-of-mha-detention-with-start-of-mca-detention/1792)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 4\ **Last updated:** [18 August 2023 07:45 UTC](https://forum.mentalhealthlaw.co.uk/t/timing-discharge-of-mha-detention-with-start-of-mca-detention/1792 "2023-08-18T07:45:41Z")
Hi Might be a silly question, if a patient is on a S3 and is going to be transferred, a COPDOLS has just be submitted for their new placement. Does the RC have to rescind the S3, how and when does the S3 end, and when d… --- ## [Review of S3 Renewal following transfer to another hospital](https://forum.mentalhealthlaw.co.uk/t/review-of-s3-renewal-following-transfer-to-another-hospital/1785)
**Author:** [@confused](https://forum.mentalhealthlaw.co.uk/u/confused)\ **Replies:** 2\ **Last updated:** [4 August 2023 14:03 UTC](https://forum.mentalhealthlaw.co.uk/t/review-of-s3-renewal-following-transfer-to-another-hospital/1785 "2023-08-04T14:03:31Z")
Dear All A patient has had their detention renewed at Hospital A which was not reviewed by the managers at hospital A. They transfer to Hospital B. I am sure I have read somewhere that the managers of Hospital B can a… --- ## [AMHP decision not to assess](https://forum.mentalhealthlaw.co.uk/t/amhp-decision-not-to-assess/1686)
**Author:** [@Tony2457](https://forum.mentalhealthlaw.co.uk/u/Tony2457)\ **Replies:** 6\ **Last updated:** [3 August 2023 13:54 UTC](https://forum.mentalhealthlaw.co.uk/t/amhp-decision-not-to-assess/1686 "2023-08-03T13:54:49Z")
If an AMHP screens out a MHA request, can a psychiatrist request an other MHA from an other AMHP --- ## [Can nearest relative choose the treating hospital for someone detained under MHA](https://forum.mentalhealthlaw.co.uk/t/can-nearest-relative-choose-the-treating-hospital-for-someone-detained-under-mha/1769)
**Author:** [@MentalHealthNurse](https://forum.mentalhealthlaw.co.uk/u/MentalHealthNurse)\ **Replies:** 3\ **Last updated:** [3 August 2023 13:01 UTC](https://forum.mentalhealthlaw.co.uk/t/can-nearest-relative-choose-the-treating-hospital-for-someone-detained-under-mha/1769 "2023-08-03T13:01:08Z")
A client’s NR has enquired whether their child can be treated in an NHS hospital under a different trust and locality to the client’s. My understanding is that the NHS constitution does not give people detained under th… --- ## [Independent personality disorder consultant](https://forum.mentalhealthlaw.co.uk/t/independent-personality-disorder-consultant/1775)
**Author:** [@wendy2](https://forum.mentalhealthlaw.co.uk/u/wendy2)\ **Replies:** 2\ **Last updated:** [1 August 2023 16:40 UTC](https://forum.mentalhealthlaw.co.uk/t/independent-personality-disorder-consultant/1775 "2023-08-01T16:40:29Z")
Hi All, can anyone recommend a consultant psychiatrist who specialises in PD who would prepare a report for a MHRT in the Essex area? Many thanks --- ## [Local authority failings](https://forum.mentalhealthlaw.co.uk/t/local-authority-failings/1774)
**Author:** [@Nicadh](https://forum.mentalhealthlaw.co.uk/u/Nicadh)\ **Replies:** 0\ **Last updated:** [1 August 2023 12:13 UTC](https://forum.mentalhealthlaw.co.uk/t/local-authority-failings/1774 "2023-08-01T12:13:26Z")
My child is now aged 17 with complex needs. 16 months ago after over 2 years in hospital it was decided they should be discharged with a 24/7 carer s117 aftercare package. They have an EHCP in place for education. Our L… --- ## [CTO and patient NFA](https://forum.mentalhealthlaw.co.uk/t/cto-and-patient-nfa/1758)
**Author:** [@Saralou50](https://forum.mentalhealthlaw.co.uk/u/Saralou50)\ **Replies:** 9\ **Last updated:** [25 July 2023 20:26 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-and-patient-nfa/1758 "2023-07-25T20:26:24Z")
Is it possible to discharge someone onto a CTO who is no fixed abode? --- ## [Renewal of CTO](https://forum.mentalhealthlaw.co.uk/t/renewal-of-cto/1726)
**Author:** [@Patsy](https://forum.mentalhealthlaw.co.uk/u/Patsy)\ **Replies:** 3\ **Last updated:** [20 July 2023 10:25 UTC](https://forum.mentalhealthlaw.co.uk/t/renewal-of-cto/1726 "2023-07-20T10:25:01Z")
A Manager’s hearing was arranged to consider the renewal of the CTO on 12 th July . The CTO had been renewed In February . The hearing did not take place until as stated above. At this time a new CTO7 dated 3rd July had… --- ## [Section 47 reference and renewal](https://forum.mentalhealthlaw.co.uk/t/section-47-reference-and-renewal/1733)
**Author:** [@GuyDavis](https://forum.mentalhealthlaw.co.uk/u/GuyDavis)\ **Replies:** 3\ **Last updated:** [19 July 2023 10:06 UTC](https://forum.mentalhealthlaw.co.uk/t/section-47-reference-and-renewal/1733 "2023-07-19T10:06:48Z")
Someone posted a couple of questions about s.47 but they seem to have disappeared, but to answer: The Hospital Managers must refer after 3 years as per section 68 (see Schedule 1, Part 1, Para 10). First renewal must o… --- ## [Copies of section papers on transfer](https://forum.mentalhealthlaw.co.uk/t/copies-of-section-papers-on-transfer/1736)
**Author:** [@Abbey](https://forum.mentalhealthlaw.co.uk/u/Abbey)\ **Replies:** 1\ **Last updated:** [19 July 2023 16:43 UTC](https://forum.mentalhealthlaw.co.uk/t/copies-of-section-papers-on-transfer/1736 "2023-07-19T16:43:10Z")
Apologies if this has been asked before. Now that everything is moving in the electronic direction, could you please advise on the below. A S2 patient is detained in Brighton and recalled to the other end of the Countr… --- ## [S2 application person detained to home address](https://forum.mentalhealthlaw.co.uk/t/s2-application-person-detained-to-home-address/1712)
**Author:** [@BradfordL](https://forum.mentalhealthlaw.co.uk/u/BradfordL)\ **Replies:** 8\ **Last updated:** [16 July 2023 20:54 UTC](https://forum.mentalhealthlaw.co.uk/t/s2-application-person-detained-to-home-address/1712 "2023-07-16T20:54:28Z")
Hi, I had a client who was detained under s2 MHA to their house because there were no beds available. AMHP etc were supposed to return but no contact made by mh services over weekend. Individual was then contacted by ph… --- ## [Two restriction orders](https://forum.mentalhealthlaw.co.uk/t/two-restriction-orders/1328)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 7\ **Last updated:** [15 July 2023 18:59 UTC](https://forum.mentalhealthlaw.co.uk/t/two-restriction-orders/1328 "2023-07-15T18:59:25Z")
My client was recalled from a conditional discharge and placed on a second restriction order 6 months later. The MoJ declined to discharge one of the orders on the basis that they wanted the seriousness of his offending … --- ## [Displacement of NR course](https://forum.mentalhealthlaw.co.uk/t/displacement-of-nr-course/1673)
**Author:** [@Cheryl](https://forum.mentalhealthlaw.co.uk/u/Cheryl)\ **Replies:** 1\ **Last updated:** [14 July 2023 21:25 UTC](https://forum.mentalhealthlaw.co.uk/t/displacement-of-nr-course/1673 "2023-07-14T21:25:50Z")
Is anyone aware of any courses regarding the displacement of NR? --- ## [Wrong section on renewal papers](https://forum.mentalhealthlaw.co.uk/t/wrong-section-on-renewal-papers/1699)
**Author:** [@Cheryl](https://forum.mentalhealthlaw.co.uk/u/Cheryl)\ **Replies:** 8\ **Last updated:** [14 July 2023 13:01 UTC](https://forum.mentalhealthlaw.co.uk/t/wrong-section-on-renewal-papers/1699 "2023-07-14T13:01:04Z")
Client is on a S37 since 2015. In the form H5, dated August 2022, the RC has stated that they are renewing the S3. The hospitals view is that this is merely a typo and is of no consequence. Our view is that this is a fu… --- ## [S135(1) or s135(2) warrant](https://forum.mentalhealthlaw.co.uk/t/s135-1-or-s135-2-warrant/1708)
**Author:** [@Anthony11](https://forum.mentalhealthlaw.co.uk/u/Anthony11)\ **Replies:** 2\ **Last updated:** [10 July 2023 05:38 UTC](https://forum.mentalhealthlaw.co.uk/t/s135-1-or-s135-2-warrant/1708 "2023-07-10T05:38:48Z")
Mental Health Act assessment completed but no bed available at the time of the assessment. Bed becomes available a day or two later and an application for s2 or 3 is completed by the AMHP who did the assessment. Patien… --- ## [Absconder from s136 - does the clock stop?!](https://forum.mentalhealthlaw.co.uk/t/absconder-from-s136-does-the-clock-stop/1700)
**Author:** [@MentalHealthCop](https://forum.mentalhealthlaw.co.uk/u/MentalHealthCop)\ **Replies:** 3\ **Last updated:** [5 July 2023 18:28 UTC](https://forum.mentalhealthlaw.co.uk/t/absconder-from-s136-does-the-clock-stop/1700 "2023-07-05T18:28:07Z")
Question about someone who absconds from detention under s136 MHA (or s135(1) MHA, for that matter) whilst at a Place of Safety. If someone is retaken within the 24hrs permitted period of detention, did the clock stop w… --- ## [What is the procedure when the NR delegates role after making request to discharge has been Barred by the RC](https://forum.mentalhealthlaw.co.uk/t/what-is-the-procedure-when-the-nr-delegates-role-after-making-request-to-discharge-has-been-barred-by-the-rc/1653)
**Author:** [@RKM](https://forum.mentalhealthlaw.co.uk/u/RKM)\ **Replies:** 4\ **Last updated:** [21 June 2023 08:40 UTC](https://forum.mentalhealthlaw.co.uk/t/what-is-the-procedure-when-the-nr-delegates-role-after-making-request-to-discharge-has-been-barred-by-the-rc/1653 "2023-06-21T08:40:32Z")
I have a situation where the NR has used their powers to request that P is discharged. This has been Barred by the RC (who has now left) and there is a Managers Review shortly. In the meantime, the NR has formally deleg… --- ## [Patient’s name omitted on the Form A2- S15 rectifiable error?](https://forum.mentalhealthlaw.co.uk/t/patient-s-name-omitted-on-the-form-a2-s15-rectifiable-error/1645)
**Author:** [@MariaO](https://forum.mentalhealthlaw.co.uk/u/MariaO)\ **Replies:** 4\ **Last updated:** [13 June 2023 10:23 UTC](https://forum.mentalhealthlaw.co.uk/t/patient-s-name-omitted-on-the-form-a2-s15-rectifiable-error/1645 "2023-06-13T10:23:26Z")
Dear All, I am writing to seek your expert opinion regarding a specific scenario. In the given situation, the patient’s name has been omitted from the application for section 2. However, it is worth noting that the pati… --- ## [Mental Health Act Commission Biennial Reports](https://forum.mentalhealthlaw.co.uk/t/mental-health-act-commission-biennial-reports/1501)
**Author:** [@Chioma](https://forum.mentalhealthlaw.co.uk/u/Chioma)\ **Replies:** 10\ **Last updated:** [9 June 2023 05:58 UTC](https://forum.mentalhealthlaw.co.uk/t/mental-health-act-commission-biennial-reports/1501 "2023-06-09T05:58:39Z")
Hi everyone!:slightly\_smiling\_face: I was wondering if anyone had copies of the biennial reports of the Mental Health Act Commission. I am a research student and these reports would be super valuable for my research. Unf… --- ## [Urgent medical treatment for s3 patient, potentially involving restraint](https://forum.mentalhealthlaw.co.uk/t/urgent-medical-treatment-for-s3-patient-potentially-involving-restraint/1636)
**Author:** [@Paul1](https://forum.mentalhealthlaw.co.uk/u/Paul1)\ **Replies:** 7\ **Last updated:** [8 June 2023 16:40 UTC](https://forum.mentalhealthlaw.co.uk/t/urgent-medical-treatment-for-s3-patient-potentially-involving-restraint/1636 "2023-06-08T16:40:03Z")
Hello everyone. I need advice. We have a section 3 patient who is in desperate need of a procedure to heal a long vascular ulcer. We held best interest meeting as she does not have capacity. If she does not have this pro… --- ## [What is the correct s47/49 section date?](https://forum.mentalhealthlaw.co.uk/t/what-is-the-correct-s47-49-section-date/1616)
**Author:** [@anonymous20](https://forum.mentalhealthlaw.co.uk/u/anonymous20)\ **Replies:** 2\ **Last updated:** [5 June 2023 14:47 UTC](https://forum.mentalhealthlaw.co.uk/t/what-is-the-correct-s47-49-section-date/1616 "2023-06-05T14:47:28Z")
If a transfer direction for a section 47/49 is dated for example 16th September 2020, but the patient was not admitted to hospital until a week later, does the section date begin on the date of the transfer direction or … --- ## [Does s117 explicitly state that a social worker must be assigned](https://forum.mentalhealthlaw.co.uk/t/does-s117-explicitly-state-that-a-social-worker-must-be-assigned/1609)
**Author:** [@Mark](https://forum.mentalhealthlaw.co.uk/u/Mark)\ **Replies:** 2\ **Last updated:** [26 May 2023 11:48 UTC](https://forum.mentalhealthlaw.co.uk/t/does-s117-explicitly-state-that-a-social-worker-must-be-assigned/1609 "2023-05-26T11:48:32Z")
My daughter is about to be discharged under S117. We have been told that she will be referred to EIP team who will be her lead practitioner. However, I thought in addition that a social worker was also assigned. Is this … --- ## [How/who amends s135(1) warrant](https://forum.mentalhealthlaw.co.uk/t/how-who-amends-s135-1-warrant/1592)
**Author:** [@Ngema](https://forum.mentalhealthlaw.co.uk/u/Ngema)\ **Replies:** 3\ **Last updated:** [27 April 2023 21:48 UTC](https://forum.mentalhealthlaw.co.uk/t/how-who-amends-s135-1-warrant/1592 "2023-04-27T21:48:15Z")
Dear Colleagues, AMHP service has been issued a s135 warrant however on receiving it was identified that there was a typo on the address- road name “Pinata insteat of Pinnata”: hse no and post code is correct Is this a… --- ## [Electronic Signature](https://forum.mentalhealthlaw.co.uk/t/electronic-signature/1596)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 4\ **Last updated:** [27 April 2023 13:40 UTC](https://forum.mentalhealthlaw.co.uk/t/electronic-signature/1596 "2023-04-27T13:40:17Z")
On an A6 S3 Application, it has been sent / typed electronically, the signature of the AMHP is also typed but isn’t an actual electronic signature, is this acceptable Thanks --- ## [CTO in residential home](https://forum.mentalhealthlaw.co.uk/t/cto-in-residential-home/1589)
**Author:** [@drnusair](https://forum.mentalhealthlaw.co.uk/u/drnusair)\ **Replies:** 6\ **Last updated:** [21 April 2023 08:38 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-in-residential-home/1589 "2023-04-21T08:38:32Z")
what are the views of using CTO to to demands patient to reside at a particular residential home, the patient has capacity and diagnosed with EUPD [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=13) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=15)