# Mental Health Act **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=17 [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:** 18 --- ## [Electronic Forms - Deletions or Strikethrough](https://forum.mentalhealthlaw.co.uk/t/electronic-forms-deletions-or-strikethrough/1159)
**Author:** [@HeidiC](https://forum.mentalhealthlaw.co.uk/u/HeidiC)\ **Replies:** 3\ **Last updated:** [9 August 2022 13:58 UTC](https://forum.mentalhealthlaw.co.uk/t/electronic-forms-deletions-or-strikethrough/1159 "2022-08-09T13:58:07Z")
We have had a Section 2 patient transfer to another Trust however, the receiving Trust has deemed the detention invalid because the AMHP had deleted phrases that were not applicable rather than just strike them through a… --- ## [Section 136 "Clock"](https://forum.mentalhealthlaw.co.uk/t/section-136-clock/1123)
**Author:** [@MentalHealthCop](https://forum.mentalhealthlaw.co.uk/u/MentalHealthCop)\ **Replies:** 7\ **Last updated:** [29 July 2022 17:46 UTC](https://forum.mentalhealthlaw.co.uk/t/section-136-clock/1123 "2022-07-29T17:46:51Z")
Scenario for you with an exam question! — Someone is arrested for a minor crime whilst seriously mentally unwell They are assessed MHA in custody and deemed to require admission under s2 or s3 MHA There is no bed avail… --- ## [MHA assessment at private home](https://forum.mentalhealthlaw.co.uk/t/mha-assessment-at-private-home/942)
**Author:** [@wellsj](https://forum.mentalhealthlaw.co.uk/u/wellsj)\ **Replies:** 4\ **Last updated:** [27 July 2022 08:52 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-assessment-at-private-home/942 "2022-07-27T08:52:37Z")
I have a rather basic and practical query. A patient is reported to be psychotic with v worrying delusions about his mother with whom he lives. Professionals visit to assess under the MHA. Mother is v frightened and giv… --- ## [Deportation and Recall](https://forum.mentalhealthlaw.co.uk/t/deportation-and-recall/1116)
**Author:** [@Rachel](https://forum.mentalhealthlaw.co.uk/u/Rachel)\ **Replies:** 2\ **Last updated:** [26 July 2022 09:08 UTC](https://forum.mentalhealthlaw.co.uk/t/deportation-and-recall/1116 "2022-07-26T09:08:36Z")
I have an interesting scenario I could benefit from the forum’s advice. I have a client who was subject to s37/41 and was deported to Iraq (his home country) in 2012 after his conditional discharge. He arrived here on a … --- ## [Can RC's deferred s23 discharge be retracted?](https://forum.mentalhealthlaw.co.uk/t/can-rcs-deferred-s23-discharge-be-retracted/1092)
**Author:** [@Lawyermentalhealth](https://forum.mentalhealthlaw.co.uk/u/Lawyermentalhealth)\ **Replies:** 2\ **Last updated:** [19 July 2022 06:53 UTC](https://forum.mentalhealthlaw.co.uk/t/can-rcs-deferred-s23-discharge-be-retracted/1092 "2022-07-19T06:53:51Z")
S.23 discharge advice needed. Dear all, i would welcome advice on the following matter. A patient is discharged by acting clinician (locum) by way of s23 which is filed at the Tribunal service. The clinician dates the d… --- ## [CTO and Barring Order](https://forum.mentalhealthlaw.co.uk/t/cto-and-barring-order/1068)
**Author:** [@Porolli](https://forum.mentalhealthlaw.co.uk/u/Porolli)\ **Replies:** 8\ **Last updated:** [15 July 2022 11:36 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-and-barring-order/1068 "2022-07-15T11:36:21Z")
I have a client on a CTO whose NR ordered her discharge, which was then barred by the RC. I got referred the client at this stage, expecting a Hospital Managers Hearing. However, the hospital is saying that as she has a… --- ## [Associate hospital managers panels and discharge](https://forum.mentalhealthlaw.co.uk/t/associate-hospital-managers-panels-and-discharge/1062)
**Author:** [@wellsj](https://forum.mentalhealthlaw.co.uk/u/wellsj)\ **Replies:** 3\ **Last updated:** [15 July 2022 11:11 UTC](https://forum.mentalhealthlaw.co.uk/t/associate-hospital-managers-panels-and-discharge/1062 "2022-07-15T11:11:27Z")
I do work on hospital managers panels at a secure psychiatric hospital. We often have decisions to make about detainability of patients who have been symptom-free for 6 months or more and have a good understanding of how… --- ## [Place of safety and s140 query](https://forum.mentalhealthlaw.co.uk/t/place-of-safety-and-s140-query/1074)
**Author:** [@Madge](https://forum.mentalhealthlaw.co.uk/u/Madge)\ **Replies:** 3\ **Last updated:** [13 July 2022 14:17 UTC](https://forum.mentalhealthlaw.co.uk/t/place-of-safety-and-s140-query/1074 "2022-07-13T14:17:08Z")
Can an AMHP come to my home carry out a mhaa and due to a lack of a bed take me to the place of safety on a s140? --- ## [Three month rule and T2](https://forum.mentalhealthlaw.co.uk/t/three-month-rule-and-t2/1063)
**Author:** [@MHAA](https://forum.mentalhealthlaw.co.uk/u/MHAA)\ **Replies:** 1\ **Last updated:** [8 July 2022 14:21 UTC](https://forum.mentalhealthlaw.co.uk/t/three-month-rule-and-t2/1063 "2022-07-08T14:21:17Z")
When a T2 has been completed within the three month rule period. Does the 3 month rule end? or can three month rule still be used if capacity changes again? --- ## [A waste of Judicial time?](https://forum.mentalhealthlaw.co.uk/t/a-waste-of-judicial-time/368)
**Author:** [@jonesrm](https://forum.mentalhealthlaw.co.uk/u/jonesrm)\ **Replies:** 1\ **Last updated:** [7 July 2022 19:50 UTC](https://forum.mentalhealthlaw.co.uk/t/a-waste-of-judicial-time/368 "2022-07-07T19:50:10Z")
In R (AK) v London Borough of Hillingdon and North Central London CGG \[2021\] EWHC 301 (Admin), the Judge, in a 27 page judgment, held that a s.117 aftercare plan was unlawful and that a new assessment had to be conducted… --- ## [Completion of H3](https://forum.mentalhealthlaw.co.uk/t/completion-of-h3/1049)
**Author:** [@Saralou50](https://forum.mentalhealthlaw.co.uk/u/Saralou50)\ **Replies:** 1\ **Last updated:** [7 July 2022 18:46 UTC](https://forum.mentalhealthlaw.co.uk/t/completion-of-h3/1049 "2022-07-07T18:46:28Z")
We currently have an SLA with our local acute hospital. It has come to light that a patient was detained on a section 2 in 2018 - only now has the mental health legislation team been informed. A H3 was never completed … --- ## [Displacement of the Nearest Relative before detention](https://forum.mentalhealthlaw.co.uk/t/displacement-of-the-nearest-relative-before-detention/1045)
**Author:** [@RKM](https://forum.mentalhealthlaw.co.uk/u/RKM)\ **Replies:** 2\ **Last updated:** [7 July 2022 08:56 UTC](https://forum.mentalhealthlaw.co.uk/t/displacement-of-the-nearest-relative-before-detention/1045 "2022-07-07T08:56:34Z")
We have been consulted by a client who is pre-empting a future detention under section and wants to apply now to displace her current NR so that they are not involved at all. She does not think that they will agree to d… --- ## [Should a Magistrate issue a s135(1)(b) MHA 1983 warrant solely on the basis the subject has a mental disorder and is refusing to take his/her medication?](https://forum.mentalhealthlaw.co.uk/t/should-a-magistrate-issue-a-s135-1-b-mha-1983-warrant-solely-on-the-basis-the-subject-has-a-mental-disorder-and-is-refusing-to-take-his-her-medication/1043)
**Author:** [@AnetKalu](https://forum.mentalhealthlaw.co.uk/u/AnetKalu)\ **Replies:** 0\ **Last updated:** [3 July 2022 10:19 UTC](https://forum.mentalhealthlaw.co.uk/t/should-a-magistrate-issue-a-s135-1-b-mha-1983-warrant-solely-on-the-basis-the-subject-has-a-mental-disorder-and-is-refusing-to-take-his-her-medication/1043 "2022-07-03T10:19:01Z")
The dilemma I was once asked by a frustrated healthcare professional how a mental health practitioner is expected to evidence to the court that a schizophrenic is unable to care for himself so that a warrant can be obta… --- ## [CCGs and ICBs](https://forum.mentalhealthlaw.co.uk/t/ccgs-and-icbs/1041)
**Author:** [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\ **Replies:** 2\ **Last updated:** [2 July 2022 22:44 UTC](https://forum.mentalhealthlaw.co.uk/t/ccgs-and-icbs/1041 "2022-07-02T22:44:07Z")
I understand that from today NHS Cimical Commissioning Groups (CCGs) have been abolished and replaced by Integrated Care Boards (ICBs) under the new Heath and Social Care Act 2022. CCGs had particular responsibility to … --- ## [What would MHA 1983 look like if amended by draft Mental Health Bill 2022](https://forum.mentalhealthlaw.co.uk/t/what-would-mha-1983-look-like-if-amended-by-draft-mental-health-bill-2022/1038)
**Author:** [@AlexRK](https://forum.mentalhealthlaw.co.uk/u/AlexRK)\ **Replies:** 3\ **Last updated:** [30 June 2022 21:40 UTC](https://forum.mentalhealthlaw.co.uk/t/what-would-mha-1983-look-like-if-amended-by-draft-mental-health-bill-2022/1038 "2022-06-30T21:40:31Z")
The draft Mental Health Bill published on 27 June 2022 is accompanied by helpful explanatory notes, but as it is amending legislation, it is not altogether easy to read it across to the Mental Health Act 1983 as it curr… --- ## [What is the current version of "Guidance for social supervisors" and "Guidance for clinical supervisors"?](https://forum.mentalhealthlaw.co.uk/t/what-is-the-current-version-of-guidance-for-social-supervisors-and-guidance-for-clinical-supervisors/1036)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 1\ **Last updated:** [29 June 2022 20:23 UTC](https://forum.mentalhealthlaw.co.uk/t/what-is-the-current-version-of-guidance-for-social-supervisors-and-guidance-for-clinical-supervisors/1036 "2022-06-29T20:23:46Z")
I made a resolution that instead of emailing people I’d ask questions here. I only remembered it after I’d already emailed a psychiatrist, but here goes… The most recent version of the guidance for clinical supervisors … --- ## [Diverted from hospital A to Hospital B](https://forum.mentalhealthlaw.co.uk/t/diverted-from-hospital-a-to-hospital-b/1018)
**Author:** [@AS1975](https://forum.mentalhealthlaw.co.uk/u/AS1975)\ **Replies:** 3\ **Last updated:** [28 June 2022 09:46 UTC](https://forum.mentalhealthlaw.co.uk/t/diverted-from-hospital-a-to-hospital-b/1018 "2022-06-28T09:46:30Z")
Dear All, a patient has 2 med recs and an application for admission to hospital under s2 of the MHA. Hospital A has a bed on a general adult ward. The patient is frail and diverted to hospital B which has an older adul… --- ## [Discharge condition preventing me from spending any night at my girlfriend's](https://forum.mentalhealthlaw.co.uk/t/discharge-condition-preventing-me-from-spending-any-night-at-my-girlfriends/1026)
**Author:** [@Andy\_Howarth\_2](https://forum.mentalhealthlaw.co.uk/u/Andy_Howarth_2)\ **Replies:** 6\ **Last updated:** [27 June 2022 20:15 UTC](https://forum.mentalhealthlaw.co.uk/t/discharge-condition-preventing-me-from-spending-any-night-at-my-girlfriends/1026 "2022-06-27T20:15:51Z")
My client has been conditionally discharged with a condition that he must sleep every night at his staffed placement and can only sleep elsewhere for even one night with the prior permission of his RC. He has a girlfrie… --- ## [Unplanned discharge](https://forum.mentalhealthlaw.co.uk/t/unplanned-discharge/874)
**Author:** [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\ **Replies:** 1\ **Last updated:** [25 June 2022 07:46 UTC](https://forum.mentalhealthlaw.co.uk/t/unplanned-discharge/874 "2022-06-25T07:46:33Z")
S3 patient without capacity in a brain injury unit has physical illness requiring admission to the general hospital. Physical state is now such that returning to the hospital is not appropriate and a nursing placement n… --- ## [Deferred RC Discharge - Can this be revoked?](https://forum.mentalhealthlaw.co.uk/t/deferred-rc-discharge-can-this-be-revoked/1016)
**Author:** [@helenlink](https://forum.mentalhealthlaw.co.uk/u/helenlink)\ **Replies:** 3\ **Last updated:** [24 June 2022 10:17 UTC](https://forum.mentalhealthlaw.co.uk/t/deferred-rc-discharge-can-this-be-revoked/1016 "2022-06-24T10:17:18Z")
We have a situation regarding the discharge of a S37 patient. The RC completed a S23(2)(A) Form on 21/06/22 to discarge the patient from section, however they deferred the discharge to 24/06/22. Pt on S17 leave until t… --- ## [Responsibility of agencies for families](https://forum.mentalhealthlaw.co.uk/t/responsibility-of-agencies-for-families/999)
**Author:** [@JTL](https://forum.mentalhealthlaw.co.uk/u/JTL)\ **Replies:** 0\ **Last updated:** [19 June 2022 08:57 UTC](https://forum.mentalhealthlaw.co.uk/t/responsibility-of-agencies-for-families/999 "2022-06-19T08:57:25Z")
Can anyone advise what recourse a family has in the following circumstances and does the mental health team caring for the man have a duty of care for the family? He is suffering from a manic relapse of a bilpolar illnes… --- ## [Administration of Covert Medication for people detained under the Mental Health Act](https://forum.mentalhealthlaw.co.uk/t/administration-of-covert-medication-for-people-detained-under-the-mental-health-act/991)
**Author:** [@JamesCodling](https://forum.mentalhealthlaw.co.uk/u/JamesCodling)\ **Replies:** 6\ **Last updated:** [18 June 2022 13:51 UTC](https://forum.mentalhealthlaw.co.uk/t/administration-of-covert-medication-for-people-detained-under-the-mental-health-act/991 "2022-06-18T13:51:19Z")
I was asked a question about the administration of Covert Medication when the person is currently detained in a psychiatric hospital under the provisions of the Mental Health Act. This is not an area I am personally conf… --- ## [MHA Free Form Project](https://forum.mentalhealthlaw.co.uk/t/mha-free-form-project/895)
**Author:** [@m-ffp](https://forum.mentalhealthlaw.co.uk/u/m-ffp)\ **Replies:** 4\ **Last updated:** [10 June 2022 13:40 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-free-form-project/895 "2022-06-10T13:40:47Z")
Hi All Mike here from the MHA Free Form Project. I hope the forms are proving useful. If you have any feedback, questions or suggestions for future releases please leave them here. The more interest there is in the form… --- ## [Can DOLS sit together with section 2 MHA](https://forum.mentalhealthlaw.co.uk/t/can-dols-sit-together-with-section-2-mha/961)
**Author:** [@HFS](https://forum.mentalhealthlaw.co.uk/u/HFS)\ **Replies:** 1\ **Last updated:** [30 May 2022 08:09 UTC](https://forum.mentalhealthlaw.co.uk/t/can-dols-sit-together-with-section-2-mha/961 "2022-05-30T08:09:39Z")
A family court order DOLS to continue at a review hearing in circumstances where the patient has since been detained under s2? The original DOLS was made in APRIL to last till July. Review hearing set up May. This conce… --- ## [Repeated use of s5(2)](https://forum.mentalhealthlaw.co.uk/t/repeated-use-of-s5-2/957)
**Author:** [@desiwilliams](https://forum.mentalhealthlaw.co.uk/u/desiwilliams)\ **Replies:** 5\ **Last updated:** [30 May 2022 08:54 UTC](https://forum.mentalhealthlaw.co.uk/t/repeated-use-of-s5-2/957 "2022-05-30T08:54:38Z")
Got a situation where a patient has been placed on s5(2) and in the last hour of the 72, was told there was no AMHP but they would be putting another 5(2) in place. The notes reflect this. In the MHA manual it states ‘a… --- ## [Can a NR delegate to the local authority](https://forum.mentalhealthlaw.co.uk/t/can-a-nr-delegate-to-the-local-authority/946)
**Author:** [@Sturner](https://forum.mentalhealthlaw.co.uk/u/Sturner)\ **Replies:** 11\ **Last updated:** [25 May 2022 14:46 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-nr-delegate-to-the-local-authority/946 "2022-05-25T14:46:35Z")
Hello I have a case where NR lacks capacity with regards to NR powers but is accessed to have capacity to delegate his powers. He is clear he wants to delegate to the local authority not any of the family members. The… --- ## [What is the offence if someone assists a forensic inpatient abscond?](https://forum.mentalhealthlaw.co.uk/t/what-is-the-offence-if-someone-assists-a-forensic-inpatient-abscond/934)
**Author:** [@Beelawtutor](https://forum.mentalhealthlaw.co.uk/u/Beelawtutor)\ **Replies:** 5\ **Last updated:** [18 May 2022 17:17 UTC](https://forum.mentalhealthlaw.co.uk/t/what-is-the-offence-if-someone-assists-a-forensic-inpatient-abscond/934 "2022-05-18T17:17:43Z")
S128 applies to those under Part II. what about those under forensic section e.g. 35,36,38, etc . (S37 and S37/41 come under Part II for AWOL/absconding). this is just an academic question. thank you --- ## [Guide for CD Patient](https://forum.mentalhealthlaw.co.uk/t/guide-for-cd-patient/921)
**Author:** [@RitaPKenny](https://forum.mentalhealthlaw.co.uk/u/RitaPKenny)\ **Replies:** 2\ **Last updated:** [13 May 2022 14:05 UTC](https://forum.mentalhealthlaw.co.uk/t/guide-for-cd-patient/921 "2022-05-13T14:05:26Z")
Hi I’m trying to locate a leaflet for patient who has been conditionally discharged and wants to apply for absolute discharge. Thanks Rita --- ## [Historical misidentification of nearest relative](https://forum.mentalhealthlaw.co.uk/t/historical-misidentification-of-nearest-relative/906)
**Author:** [@anonymous8](https://forum.mentalhealthlaw.co.uk/u/anonymous8)\ **Replies:** 11\ **Last updated:** [9 May 2022 16:22 UTC](https://forum.mentalhealthlaw.co.uk/t/historical-misidentification-of-nearest-relative/906 "2022-05-09T16:22:59Z")
Hi, if an incorrect Nearest Relative was consulted on a section 3 application ten years ago and the section 3 remains in place, in what circumstances could the section be unlawful? The application by the AMHP states that… --- ## [When is a P "admitted" under s.2 MHA?](https://forum.mentalhealthlaw.co.uk/t/when-is-a-p-admitted-under-s-2-mha/668)
**Author:** [@IANCAMPBELL](https://forum.mentalhealthlaw.co.uk/u/IANCAMPBELL)\ **Replies:** 15\ **Last updated:** [28 April 2022 11:08 UTC](https://forum.mentalhealthlaw.co.uk/t/when-is-a-p-admitted-under-s-2-mha/668 "2022-04-28T11:08:05Z")
When is a P “admitted” under s.2 MHA? H3 records that P admitted 1 am on 5.10.21 Care notes record that P came to the hospital on the evening of the 4.10.21 and was in bed before midnight. s.2(4) says section 2 starts… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=16) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=18)