# Mental Health Act **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=15 [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:** 16 --- ## [Change in RC](https://forum.mentalhealthlaw.co.uk/t/change-in-rc/1584)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 6\ **Last updated:** [14 April 2023 14:50 UTC](https://forum.mentalhealthlaw.co.uk/t/change-in-rc/1584 "2023-04-14T14:50:49Z")
Have a patient on a S37/41, we have a new consultant starting, what is the procedure with the MOJ for changing Consultants (same Hospital) --- ## [Clients detained under Section 37/41 who are stuck in hospital indefinitely?](https://forum.mentalhealthlaw.co.uk/t/clients-detained-under-section-37-41-who-are-stuck-in-hospital-indefinitely/1578)
**Author:** [@Wayne](https://forum.mentalhealthlaw.co.uk/u/Wayne)\ **Replies:** 8\ **Last updated:** [11 April 2023 09:30 UTC](https://forum.mentalhealthlaw.co.uk/t/clients-detained-under-section-37-41-who-are-stuck-in-hospital-indefinitely/1578 "2023-04-11T09:30:10Z")
Is there any case law on challenging the MOJ for clients detained under Section 37/41 who are stuck in hospital? I have a client who has been in hospital for 30 years, their RC/MDT are saying that they no longer need to … --- ## [One medical recommendation not naming hospital](https://forum.mentalhealthlaw.co.uk/t/one-medical-recommendation-not-naming-hospital/1443)
**Author:** [@lkerosevic](https://forum.mentalhealthlaw.co.uk/u/lkerosevic)\ **Replies:** 4\ **Last updated:** [11 April 2023 08:57 UTC](https://forum.mentalhealthlaw.co.uk/t/one-medical-recommendation-not-naming-hospital/1443 "2023-04-11T08:57:01Z")
Re A8: Could it be considered that, taken together, two med recs (one not stating a hospital name) are insufficient? --- ## [Concurrent (previously Part 3) CTO and (Part 2) Guardianship](https://forum.mentalhealthlaw.co.uk/t/concurrent-previously-part-3-cto-and-part-2-guardianship/1571)
**Author:** [@Andy\_Howarth\_2](https://forum.mentalhealthlaw.co.uk/u/Andy_Howarth_2)\ **Replies:** 5\ **Last updated:** [27 March 2023 13:15 UTC](https://forum.mentalhealthlaw.co.uk/t/concurrent-previously-part-3-cto-and-part-2-guardianship/1571 "2023-03-27T13:15:07Z")
I’ve been trying to find out if a person can be on a CTO based on a s37(n) and simultaneously a guardianship under Part 2 of the Act. S8(5) says guardianship extinguishes any previous Part 2 order, and the Reference gui… --- ## [Discharge of s47/49 prisoners from hospital by Parole Board](https://forum.mentalhealthlaw.co.uk/t/discharge-of-s47-49-prisoners-from-hospital-by-parole-board/1549)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 3\ **Last updated:** [27 March 2023 09:00 UTC](https://forum.mentalhealthlaw.co.uk/t/discharge-of-s47-49-prisoners-from-hospital-by-parole-board/1549 "2023-03-27T09:00:20Z")
I’m writing the next Legal Action article about mental health law, and am considering being slightly critical of the Court of Appeal Criminal Division. It seems that various Court of Appeal judges think that a s47/49 pri… --- ## [Does 117 aftercare and paid nursing care from CCG have to be paid back on death if there are any savings?](https://forum.mentalhealthlaw.co.uk/t/does-117-aftercare-and-paid-nursing-care-from-ccg-have-to-be-paid-back-on-death-if-there-are-any-savings/1558)
**Author:** [@Joanne](https://forum.mentalhealthlaw.co.uk/u/Joanne)\ **Replies:** 6\ **Last updated:** [26 March 2023 12:06 UTC](https://forum.mentalhealthlaw.co.uk/t/does-117-aftercare-and-paid-nursing-care-from-ccg-have-to-be-paid-back-on-death-if-there-are-any-savings/1558 "2023-03-26T12:06:47Z")
If loved one who receives 117 aftercare and ccg nursing care funding have to pay back monies after death out of any savings they have accumulated? --- ## [Two family members on same Associate Hospital Managers Panel](https://forum.mentalhealthlaw.co.uk/t/two-family-members-on-same-associate-hospital-managers-panel/1510)
**Author:** [@Samjo87](https://forum.mentalhealthlaw.co.uk/u/Samjo87)\ **Replies:** 6\ **Last updated:** [15 March 2023 14:10 UTC](https://forum.mentalhealthlaw.co.uk/t/two-family-members-on-same-associate-hospital-managers-panel/1510 "2023-03-15T14:10:51Z")
Hi, a query on whether or not members of the same family are allowed to sit on the same panel when reviewing the renewal of a patient, or is that a conflict of interest? --- ## [MHA Reform detention criteria](https://forum.mentalhealthlaw.co.uk/t/mha-reform-detention-criteria/1333)
**Author:** [@martcol](https://forum.mentalhealthlaw.co.uk/u/martcol)\ **Replies:** 1\ **Last updated:** [3 November 2022 22:09 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-reform-detention-criteria/1333 "2022-11-03T22:09:35Z")
If the admission criteria is changed and Service Users have more opportunities to challenge, will services find that there will be a huge number of inpatients that will have to be discharged and some of them requiring hi… --- ## [S136 Detention - restraint at health-based place of safety](https://forum.mentalhealthlaw.co.uk/t/s136-detention-restraint-at-health-based-place-of-safety/1509)
**Author:** [@NW2521](https://forum.mentalhealthlaw.co.uk/u/NW2521)\ **Replies:** 3\ **Last updated:** [8 March 2023 09:07 UTC](https://forum.mentalhealthlaw.co.uk/t/s136-detention-restraint-at-health-based-place-of-safety/1509 "2023-03-08T09:07:34Z")
Please can I ask for some advice? I have dealt with a S136 case where the patient was assessed as volatile. The advice given by colleagues was that health staff are unable to restrain or sedate at the person on the S13… --- ## [Responsibility for finding care coordinator for detained patients](https://forum.mentalhealthlaw.co.uk/t/responsibility-for-finding-care-coordinator-for-detained-patients/1476)
**Author:** [@Julieh41](https://forum.mentalhealthlaw.co.uk/u/Julieh41)\ **Replies:** 2\ **Last updated:** [1 March 2023 15:16 UTC](https://forum.mentalhealthlaw.co.uk/t/responsibility-for-finding-care-coordinator-for-detained-patients/1476 "2023-03-01T15:16:17Z")
Hi, We would like conformation who;s responsibility it is to chase & find a care co-ordinator for detained patients, as we as MHA Administrators end up doing it, but I am sure it shouldn’t be our responsibility - anyone… --- ## [Waiting times for MHA in community secondary care services](https://forum.mentalhealthlaw.co.uk/t/waiting-times-for-mha-in-community-secondary-care-services/1488)
**Author:** [@Sploums](https://forum.mentalhealthlaw.co.uk/u/Sploums)\ **Replies:** 4\ **Last updated:** [26 February 2023 10:56 UTC](https://forum.mentalhealthlaw.co.uk/t/waiting-times-for-mha-in-community-secondary-care-services/1488 "2023-02-26T10:56:21Z")
Hello all, I am interested to find out what are the acceptable time frames for MHA in community settings please. In addition, if any of you know of any national guidance papers on this matter that you are aware of and c… --- ## ['Medically qualified' Approved Clinician in charge](https://forum.mentalhealthlaw.co.uk/t/medically-qualified-approved-clinician-in-charge/1484)
**Author:** [@HelenR](https://forum.mentalhealthlaw.co.uk/u/HelenR)\ **Replies:** 3\ **Last updated:** [24 February 2023 10:49 UTC](https://forum.mentalhealthlaw.co.uk/t/medically-qualified-approved-clinician-in-charge/1484 "2023-02-24T10:49:49Z")
Hi all, Is a non-doctor AC, who is an RMN and a qualified ‘Independent Prescriber’ with a mental health competence considered to be ‘medically qualified’ for the purposes of the MHA? My confusion comes from references … --- ## [Alledgedly assualted patient-compensation?](https://forum.mentalhealthlaw.co.uk/t/alledgedly-assualted-patient-compensation/1478)
**Author:** [@112233](https://forum.mentalhealthlaw.co.uk/u/112233)\ **Replies:** 6\ **Last updated:** [13 February 2023 16:50 UTC](https://forum.mentalhealthlaw.co.uk/t/alledgedly-assualted-patient-compensation/1478 "2023-02-13T16:50:34Z")
Assistance request: Section 3 client has been alledgedly assualted by a bank staff mental health trust staff. Senior professional shared that CCTV semingly supports his claim (although I have not been permitted to view).… --- ## [Ending S117 aftercare for conditionally discharged patient](https://forum.mentalhealthlaw.co.uk/t/ending-s117-aftercare-for-conditionally-discharged-patient/1430)
**Author:** [@JadieH](https://forum.mentalhealthlaw.co.uk/u/JadieH)\ **Replies:** 3\ **Last updated:** [30 January 2023 14:43 UTC](https://forum.mentalhealthlaw.co.uk/t/ending-s117-aftercare-for-conditionally-discharged-patient/1430 "2023-01-30T14:43:53Z")
Looking for people’s views on whether you would end someone’s S117 eligibility if you felt that they no longer had MH needs, but they were still a conditionally discharged patient with the potential to recall by the MoJ? … --- ## [Joint Medical recommendations - Amending](https://forum.mentalhealthlaw.co.uk/t/joint-medical-recommendations-amending/1418)
**Author:** [@Jade1](https://forum.mentalhealthlaw.co.uk/u/Jade1)\ **Replies:** 5\ **Last updated:** [6 January 2023 22:15 UTC](https://forum.mentalhealthlaw.co.uk/t/joint-medical-recommendations-amending/1418 "2023-01-06T22:15:09Z")
Hi All I have ready everywhere that a joint medical recommendation can not be amended ( obviously if the errors are amendable) however it does not give a reason as to why, which I am intrigued to know and if there are a… --- ## [Covert Medication - Section 61](https://forum.mentalhealthlaw.co.uk/t/covert-medication-section-61/1436)
**Author:** [@samiegd27](https://forum.mentalhealthlaw.co.uk/u/samiegd27)\ **Replies:** 1\ **Last updated:** [17 January 2023 10:38 UTC](https://forum.mentalhealthlaw.co.uk/t/covert-medication-section-61/1436 "2023-01-17T10:38:01Z")
When a Section 61 is processed for a patient, a copy of that report is then sent to the patient as per the Code of Practice. If the patient is being covertly medicated, how can the report then be sent to the patient? --- ## [Ending a S49 Restriction Order](https://forum.mentalhealthlaw.co.uk/t/ending-a-s49-restriction-order/1423)
**Author:** [@JadieH](https://forum.mentalhealthlaw.co.uk/u/JadieH)\ **Replies:** 5\ **Last updated:** [10 January 2023 12:29 UTC](https://forum.mentalhealthlaw.co.uk/t/ending-a-s49-restriction-order/1423 "2023-01-10T12:29:34Z")
Just want to ensure that I’ve understood correctly what happens to prisoners who receives a transfer direction with a restriction order (section 47/49) If the original fixed term sentence ends whilst they still in hospi… --- ## [Nearest Relative - attendance at Tribunal](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-attendance-at-tribunal/1422)
**Author:** [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\ **Replies:** 1\ **Last updated:** [5 January 2023 11:34 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-attendance-at-tribunal/1422 "2023-01-05T11:34:34Z")
Client applies for Tribunal and ticks the box on the application ‘object to N/R being informed’ N/R attendance request is received which client says he is not happy with and obviously a response is sent saying he doesn’… --- ## [Where (location) can a police officer search (using s136C) a person detained under s136 MHA 1983](https://forum.mentalhealthlaw.co.uk/t/where-location-can-a-police-officer-search-using-s136c-a-person-detained-under-s136-mha-1983/993)
**Author:** [@PaulineGerrard](https://forum.mentalhealthlaw.co.uk/u/PaulineGerrard)\ **Replies:** 2\ **Last updated:** [15 December 2022 18:33 UTC](https://forum.mentalhealthlaw.co.uk/t/where-location-can-a-police-officer-search-using-s136c-a-person-detained-under-s136-mha-1983/993 "2022-12-15T18:33:12Z")
There seems to be a difference of opinion here. If the subject is not under arrest ( as defined by law/gov.uk) for any offence and has been detained correctly and appropriately under sect 136 - then isn’t 136 (C) more ap… --- ## [Can the police use s136 again?](https://forum.mentalhealthlaw.co.uk/t/can-the-police-use-s136-again/1409)
**Author:** [@lkerosevic](https://forum.mentalhealthlaw.co.uk/u/lkerosevic)\ **Replies:** 1\ **Last updated:** [15 December 2022 12:38 UTC](https://forum.mentalhealthlaw.co.uk/t/can-the-police-use-s136-again/1409 "2022-12-15T12:38:58Z")
Can the police use s136 again following a persons escape from legal custody if they have escaped from a HBPoS? s138 provides for the person to be retaken before the end of the relevant period, however, what happens when … --- ## [Health Based Place Of Safety - Responsibilities (Health and Policing)](https://forum.mentalhealthlaw.co.uk/t/health-based-place-of-safety-responsibilities-health-and-policing/1407)
**Author:** [@NW2521](https://forum.mentalhealthlaw.co.uk/u/NW2521)\ **Replies:** 5\ **Last updated:** [13 December 2022 18:47 UTC](https://forum.mentalhealthlaw.co.uk/t/health-based-place-of-safety-responsibilities-health-and-policing/1407 "2022-12-13T18:47:04Z")
I am trying to establish at what point after arrival at a HBPOS the police responsibility effectively ends and when the officers can lawfully withdraw leaving the patient in the care of health professionals. what protoc… --- ## [S47 without restriction - expiry?](https://forum.mentalhealthlaw.co.uk/t/s47-without-restriction-expiry/1389)
**Author:** [@Natalie](https://forum.mentalhealthlaw.co.uk/u/Natalie)\ **Replies:** 4\ **Last updated:** [4 December 2022 19:15 UTC](https://forum.mentalhealthlaw.co.uk/t/s47-without-restriction-expiry/1389 "2022-12-04T19:15:13Z")
Hello, I’ve been referred a client who is on a S47 - their sentence ended a year ago and they did not have a restriction. The hospital are renewing as S47 with a hospital managers meeting. Is this correct? I can’t hel… --- ## [Section 63](https://forum.mentalhealthlaw.co.uk/t/section-63/1384)
**Author:** [@Jade1](https://forum.mentalhealthlaw.co.uk/u/Jade1)\ **Replies:** 1\ **Last updated:** [1 December 2022 14:16 UTC](https://forum.mentalhealthlaw.co.uk/t/section-63/1384 "2022-12-01T14:16:35Z")
If a section 63 is required for an in-patient, does this need to be followed by and application to the Court of Protection. After reading the case studies around S63 majority of them have gone to the Court of Protection.… --- ## [Interpretation of MHA Code of Practice 32.18](https://forum.mentalhealthlaw.co.uk/t/interpretation-of-mha-code-of-practice-32-18/1358)
**Author:** [@Andrew](https://forum.mentalhealthlaw.co.uk/u/Andrew)\ **Replies:** 10\ **Last updated:** [24 November 2022 17:45 UTC](https://forum.mentalhealthlaw.co.uk/t/interpretation-of-mha-code-of-practice-32-18/1358 "2022-11-24T17:45:00Z")
32.18 As responsible clinicians have the power to discharge patients, they must keep under review the appropriateness of using that power. If, at any time, responsible clinicians conclude that the criteria which would j… --- ## [CTO Conditions and Reason for recall (alcohol and drugs)](https://forum.mentalhealthlaw.co.uk/t/cto-conditions-and-reason-for-recall-alcohol-and-drugs/1379)
**Author:** [@GarethAMHP](https://forum.mentalhealthlaw.co.uk/u/GarethAMHP)\ **Replies:** 5\ **Last updated:** [24 November 2022 11:44 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-conditions-and-reason-for-recall-alcohol-and-drugs/1379 "2022-11-24T11:44:21Z")
Hi This comment is not so much to do with the legality of the conditions attached to a CTO, but more relating to the benefit and proportionality of attaching conditions which should then possibly lead to grounds for rec… --- ## [Joint Medical Recommendations](https://forum.mentalhealthlaw.co.uk/t/joint-medical-recommendations/1352)
**Author:** [@metoo](https://forum.mentalhealthlaw.co.uk/u/metoo)\ **Replies:** 7\ **Last updated:** [16 November 2022 10:01 UTC](https://forum.mentalhealthlaw.co.uk/t/joint-medical-recommendations/1352 "2022-11-16T10:01:51Z")
Can someone let me know what the situation is if: AMHP completes application for s.3 Joint med rec for s.2 Jones states: “One of the two recommendations: As Eldergill has pointed out, it seems that neither this subsec… --- ## [Identification of the s. 26 Nearest Relative](https://forum.mentalhealthlaw.co.uk/t/identification-of-the-s-26-nearest-relative/1278)
**Author:** [@storeb](https://forum.mentalhealthlaw.co.uk/u/storeb)\ **Replies:** 3\ **Last updated:** [15 November 2022 08:43 UTC](https://forum.mentalhealthlaw.co.uk/t/identification-of-the-s-26-nearest-relative/1278 "2022-11-15T08:43:00Z")
The nearest relative for a detained patient was their mum, who has recently died. In identifying the new NR under section 26, there is a father who was married to the mum, but they have been estranged from the patient s… --- ## [Sectioning 'just in case'](https://forum.mentalhealthlaw.co.uk/t/sectioning-just-in-case/1351)
**Author:** [@Andrew](https://forum.mentalhealthlaw.co.uk/u/Andrew)\ **Replies:** 4\ **Last updated:** [15 November 2022 08:33 UTC](https://forum.mentalhealthlaw.co.uk/t/sectioning-just-in-case/1351 "2022-11-15T08:33:16Z")
I have come across two independent comments concerning section 2 discussions, both said that doctors and AMHPs were concerned about criticism in the case of suicide shortly after contact with them. An article in the Mai… --- ## [MHA Code of Practice interpretation of para 14.75](https://forum.mentalhealthlaw.co.uk/t/mha-code-of-practice-interpretation-of-para-14-75/1345)
**Author:** [@Andrew](https://forum.mentalhealthlaw.co.uk/u/Andrew)\ **Replies:** 11\ **Last updated:** [14 November 2022 13:29 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-code-of-practice-interpretation-of-para-14-75/1345 "2022-11-14T13:29:32Z")
Cut and copy from MHA Code of Practice. 14.75 Doctors must give reasons for the opinions stated in their recommendations. When giving a clinical description of the patient’s mental disorder as part of these reasons, do… --- ## [Definition of mental disorder](https://forum.mentalhealthlaw.co.uk/t/definition-of-mental-disorder/1350)
**Author:** [@Andy\_Howarth\_2](https://forum.mentalhealthlaw.co.uk/u/Andy_Howarth_2)\ **Replies:** 2\ **Last updated:** [10 November 2022 12:50 UTC](https://forum.mentalhealthlaw.co.uk/t/definition-of-mental-disorder/1350 "2022-11-10T12:50:31Z")
In a recent Tribunal, the judge asserted that (in an asymptomatic patient who had one psychotic episode some years ago) a brain lesion itself constitutes a mental disorder for the purposes of section 1. He based his ass… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=14) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=16)