# Mental Health Act **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=18 [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:** 19 --- ## [S38 Mental Health Act](https://forum.mentalhealthlaw.co.uk/t/s38-mental-health-act/867)
**Author:** [@Mini100](https://forum.mentalhealthlaw.co.uk/u/Mini100)\ **Replies:** 2\ **Last updated:** [27 April 2022 10:54 UTC](https://forum.mentalhealthlaw.co.uk/t/s38-mental-health-act/867 "2022-04-27T10:54:53Z")
Hi All, can you assist with this query related to Pt 3 (forensic) of MHA? S38 (3) states “at least one of the registered medical practitioners whose evidence is taken into account…shall be employed at the hospital whi… --- ## [Rectifiable error - Section 15](https://forum.mentalhealthlaw.co.uk/t/rectifiable-error-section-15/888)
**Author:** [@Saralou50](https://forum.mentalhealthlaw.co.uk/u/Saralou50)\ **Replies:** 1\ **Last updated:** [21 April 2022 15:54 UTC](https://forum.mentalhealthlaw.co.uk/t/rectifiable-error-section-15/888 "2022-04-21T15:54:40Z")
Quick question If an applicant has omitted to putthe date of assessment on the application but has dated the form would this be rectifiable under Section 15? --- ## [Judicial Review](https://forum.mentalhealthlaw.co.uk/t/judicial-review/887)
**Author:** [@catherine](https://forum.mentalhealthlaw.co.uk/u/catherine)\ **Replies:** 0\ **Last updated:** [21 April 2022 09:49 UTC](https://forum.mentalhealthlaw.co.uk/t/judicial-review/887 "2022-04-21T09:49:31Z")
Hi. I have a client who I’ve been assisting in relation to his FTT. There’s a potential JR re him being transferred and thereafter discharged to an area to which he has no links, but which has 117 responsibility. I need … --- ## [Dangerousness - Residual Discretion](https://forum.mentalhealthlaw.co.uk/t/dangerousness-residual-discretion/873)
**Author:** [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\ **Replies:** 3\ **Last updated:** [14 April 2022 09:25 UTC](https://forum.mentalhealthlaw.co.uk/t/dangerousness-residual-discretion/873 "2022-04-14T09:25:24Z")
I have long been aware of the Managers residual discretion not to discharge even where the dangerousness criteria are not met but I had never actually come across it in practicality. Unfortunately the N/R who made the a… --- ## [Managers Hearings and the decision](https://forum.mentalhealthlaw.co.uk/t/managers-hearings-and-the-decision/858)
**Author:** [@Mari](https://forum.mentalhealthlaw.co.uk/u/Mari)\ **Replies:** 11\ **Last updated:** [12 April 2022 16:59 UTC](https://forum.mentalhealthlaw.co.uk/t/managers-hearings-and-the-decision/858 "2022-04-12T16:59:30Z")
It is common practice at one establishement where I sit for there to be recommendations follwoing the written decison with the instruction that the recommendations are not be shared with the patient . I was infor… --- ## [S3 leaflets in Thai](https://forum.mentalhealthlaw.co.uk/t/s3-leaflets-in-thai/854)
**Author:** [@HelenR](https://forum.mentalhealthlaw.co.uk/u/HelenR)\ **Replies:** 1\ **Last updated:** [11 April 2022 17:59 UTC](https://forum.mentalhealthlaw.co.uk/t/s3-leaflets-in-thai/854 "2022-04-11T17:59:06Z")
Hiya, Does anyone have s3 leaflets in Thai that they could share? I’ve tried the usual suspects! Thanks, Helen --- ## [CTO Renewal Invalid?](https://forum.mentalhealthlaw.co.uk/t/cto-renewal-invalid/863)
**Author:** [@JoeRobinson](https://forum.mentalhealthlaw.co.uk/u/JoeRobinson)\ **Replies:** 3\ **Last updated:** [11 April 2022 17:44 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-renewal-invalid/863 "2022-04-11T17:44:21Z")
I understand that a CTO renewal requires the patient to be examined within the 2 month period preceding the date for renewal. What happens if the patient was examined 2 months and 2 weeks before, and the papers show this… --- ## [Is anyone aware of very young children being sectioned or informal patient under S131?](https://forum.mentalhealthlaw.co.uk/t/is-anyone-aware-of-very-young-children-being-sectioned-or-informal-patient-under-s131/803)
**Author:** [@Beelawtutor](https://forum.mentalhealthlaw.co.uk/u/Beelawtutor)\ **Replies:** 3\ **Last updated:** [30 March 2022 16:10 UTC](https://forum.mentalhealthlaw.co.uk/t/is-anyone-aware-of-very-young-children-being-sectioned-or-informal-patient-under-s131/803 "2022-03-30T16:10:05Z")
I teach Mental Health Law to final year LLB students and this week we studied Formal Admissions under MHA. We considered the position of minors having looked at the statistics in report by Charity Article 39 Children… --- ## [What's the start date of a hospital order given by the Court of Appeal?](https://forum.mentalhealthlaw.co.uk/t/whats-the-start-date-of-a-hospital-order-given-by-the-court-of-appeal/845)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 7\ **Last updated:** [29 March 2022 12:35 UTC](https://forum.mentalhealthlaw.co.uk/t/whats-the-start-date-of-a-hospital-order-given-by-the-court-of-appeal/845 "2022-03-29T12:35:18Z")
If a restricted transfer prisoner is successful at the Court of Appeal and ends up with a restricted hospital order, when you think the hospital order began? On the same date as the original sentence, or on the date of t… --- ## [How did the dust settle after the Devon (remote assessment) judgment?](https://forum.mentalhealthlaw.co.uk/t/how-did-the-dust-settle-after-the-devon-remote-assessment-judgment/817)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 4\ **Last updated:** [21 March 2022 02:50 UTC](https://forum.mentalhealthlaw.co.uk/t/how-did-the-dust-settle-after-the-devon-remote-assessment-judgment/817 "2022-03-21T02:50:44Z")
I’m starting to write the next mental health law legal update for Legal Action magazine, and wonder what to say about the Devon judgment. For instance, is anyone aware of any subsequent court decisions/settlements about … --- ## [Force feeding a patient on section 2 MHA](https://forum.mentalhealthlaw.co.uk/t/force-feeding-a-patient-on-section-2-mha/802)
**Author:** [@ROBZI](https://forum.mentalhealthlaw.co.uk/u/ROBZI)\ **Replies:** 9\ **Last updated:** [23 February 2022 16:23 UTC](https://forum.mentalhealthlaw.co.uk/t/force-feeding-a-patient-on-section-2-mha/802 "2022-02-23T16:23:22Z")
Under what circumstances can a patient detained under section 2 be force fed. A patient has withdrawn consent to be fed via NG feed. Is it legal to force feed. --- ## [Paper reviews and uncontested renewals](https://forum.mentalhealthlaw.co.uk/t/paper-reviews-and-uncontested-renewals/787)
**Author:** [@Sellicott](https://forum.mentalhealthlaw.co.uk/u/Sellicott)\ **Replies:** 3\ **Last updated:** [18 February 2022 15:39 UTC](https://forum.mentalhealthlaw.co.uk/t/paper-reviews-and-uncontested-renewals/787 "2022-02-18T15:39:27Z")
If there is NO legal requirement for Hospital Managers one wonders why all uncontested renewals are routinely reviewed by panels as a paper exercise? --- ## [Missing date on AMHP application](https://forum.mentalhealthlaw.co.uk/t/missing-date-on-amhp-application/779)
**Author:** [@anonymous2](https://forum.mentalhealthlaw.co.uk/u/anonymous2)\ **Replies:** 2\ **Last updated:** [15 February 2022 22:25 UTC](https://forum.mentalhealthlaw.co.uk/t/missing-date-on-amhp-application/779 "2022-02-15T22:25:49Z")
Final date missing from AMHP application but obvious from the rest of the application as to when it was completed. Is this ‘De minimus?’ --- ## [DOLS and Misuse of money/property accusations against EPA](https://forum.mentalhealthlaw.co.uk/t/dols-and-misuse-of-money-property-accusations-against-epa/736)
**Author:** [@AJM](https://forum.mentalhealthlaw.co.uk/u/AJM)\ **Replies:** 0\ **Last updated:** [8 January 2022 14:26 UTC](https://forum.mentalhealthlaw.co.uk/t/dols-and-misuse-of-money-property-accusations-against-epa/736 "2022-01-08T14:26:24Z")
My mother is in a psychiatric hospital, under section 3, as in previous post. She is now due to be discharged in next month and community care team have been in touch to update CPA then MDT meeting and suggested Best int… --- ## [Change of RC](https://forum.mentalhealthlaw.co.uk/t/change-of-rc/730)
**Author:** [@Jade1](https://forum.mentalhealthlaw.co.uk/u/Jade1)\ **Replies:** 3\ **Last updated:** [6 January 2022 11:48 UTC](https://forum.mentalhealthlaw.co.uk/t/change-of-rc/730 "2022-01-06T11:48:29Z")
The RC is changing at my hospital, could anyone help me in providing a list of all paper work that will need to be updated/ re done with the new RC? I am aware of some paper work that will need to be changed however I am… --- ## [Re-sectioning after HMH approved discharge](https://forum.mentalhealthlaw.co.uk/t/re-sectioning-after-hmh-approved-discharge/714)
**Author:** [@H.ali](https://forum.mentalhealthlaw.co.uk/u/H.ali)\ **Replies:** 2\ **Last updated:** [2 December 2021 17:26 UTC](https://forum.mentalhealthlaw.co.uk/t/re-sectioning-after-hmh-approved-discharge/714 "2021-12-02T17:26:41Z")
Hi All, I thought I would pick everyone’s brains here for a colleagues case. In summary- HMH discharged her client as they were not satisfied detention was necessary. Client agreed to remain informal and continue medic… --- ## [Giving option of informal or 5(2)](https://forum.mentalhealthlaw.co.uk/t/giving-option-of-informal-or-5-2/697)
**Author:** [@MentalHealthNurse](https://forum.mentalhealthlaw.co.uk/u/MentalHealthNurse)\ **Replies:** 5\ **Last updated:** [25 November 2021 16:52 UTC](https://forum.mentalhealthlaw.co.uk/t/giving-option-of-informal-or-5-2/697 "2021-11-25T16:52:11Z")
If an individual has agreed to go to hospital informally - whether that is through the course of an MHA assessment, from a community team direct to the ward, or gatekept at first presentation as not being suitable for ho… --- ## [When is a person an organisation?](https://forum.mentalhealthlaw.co.uk/t/when-is-a-person-an-organisation/700)
**Author:** [@Nickwoo](https://forum.mentalhealthlaw.co.uk/u/Nickwoo)\ **Replies:** 1\ **Last updated:** [22 November 2021 17:44 UTC](https://forum.mentalhealthlaw.co.uk/t/when-is-a-person-an-organisation/700 "2021-11-22T17:44:44Z")
Hi, the Reference Guide says “2.38 The county court may make an order directing that the functions of the nearest relative are to be exercised by another person, whether or not they are related to the patient and whe… --- ## [Standards for recording MHA assessments by s12 Drs](https://forum.mentalhealthlaw.co.uk/t/standards-for-recording-mha-assessments-by-s12-drs/694)
**Author:** [@HelenR](https://forum.mentalhealthlaw.co.uk/u/HelenR)\ **Replies:** 1\ **Last updated:** [19 November 2021 13:18 UTC](https://forum.mentalhealthlaw.co.uk/t/standards-for-recording-mha-assessments-by-s12-drs/694 "2021-11-19T13:18:43Z")
Hi all, Does anyone know where I can lay my hands on any standards set for s12 Drs in recording their MHA assessments for the patient record? This is in addition to the expectations on content contained within the medi… --- ## [Kennel fees - Who pays whilst patient on section 3 MHA 1983](https://forum.mentalhealthlaw.co.uk/t/kennel-fees-who-pays-whilst-patient-on-section-3-mha-1983/686)
**Author:** [@BriefScrutiny](https://forum.mentalhealthlaw.co.uk/u/BriefScrutiny)\ **Replies:** 8\ **Last updated:** [17 November 2021 15:32 UTC](https://forum.mentalhealthlaw.co.uk/t/kennel-fees-who-pays-whilst-patient-on-section-3-mha-1983/686 "2021-11-17T15:32:39Z")
Good afternoon, Has anyone any knowledge to kindly assist please. My client is subject to section 3 of the MHA 1983 and is an inpatient in hospital, in Wales. He owns a dog which he describes as ‘his life’. Currently,… --- ## [Defective hospital order](https://forum.mentalhealthlaw.co.uk/t/defective-hospital-order/666)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 6\ **Last updated:** [2 November 2021 13:49 UTC](https://forum.mentalhealthlaw.co.uk/t/defective-hospital-order/666 "2021-11-02T13:49:48Z")
I have been provided with a copy of a s37/41 which is incomplete and appears to have been amended. (It states that the offence was ‘assault on an emergency’ and the remaining words appear to have been removed. Also it ap… --- ## [RC Discharge from Section 2 if patient not detainable under Section 3](https://forum.mentalhealthlaw.co.uk/t/rc-discharge-from-section-2-if-patient-not-detainable-under-section-3/404)
**Author:** [@Bhuwan](https://forum.mentalhealthlaw.co.uk/u/Bhuwan)\ **Replies:** 13\ **Last updated:** [28 October 2021 22:49 UTC](https://forum.mentalhealthlaw.co.uk/t/rc-discharge-from-section-2-if-patient-not-detainable-under-section-3/404 "2021-10-28T22:49:32Z")
Good day to everyone., I am a long term follower of the forum, but this is my first post. I write to seek guidance/advice on the issue of the Responsible Clinician’s duties with regards to discharging a detained patien… --- ## [Section 117 MHA Care home top ups and section 117 aftercare](https://forum.mentalhealthlaw.co.uk/t/section-117-mha-care-home-top-ups-and-section-117-aftercare/633)
**Author:** [@AJM](https://forum.mentalhealthlaw.co.uk/u/AJM)\ **Replies:** 26\ **Last updated:** [20 October 2021 15:58 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-mha-care-home-top-ups-and-section-117-aftercare/633 "2021-10-20T15:58:52Z")
My mother is in a psychiatric hospital under section 3 MHA. She was admitted in Jan 2021 after self neglect in Nov 2020, emergency admittance to a and e local hosp, not eating drinking, needed drip and lost half body wei… --- ## [Where to find statistics on patient admissions and outcomes?](https://forum.mentalhealthlaw.co.uk/t/where-to-find-statistics-on-patient-admissions-and-outcomes/631)
**Author:** [@Barry](https://forum.mentalhealthlaw.co.uk/u/Barry)\ **Replies:** 5\ **Last updated:** [11 October 2021 08:28 UTC](https://forum.mentalhealthlaw.co.uk/t/where-to-find-statistics-on-patient-admissions-and-outcomes/631 "2021-10-11T08:28:08Z")
Question from twitter : C Jane Haines @CJaneHaines Sep 22 Struggling to find any data on the number of people who enter inpatient mh services on a voluntary basis, no crime committed, and end up in forensic services. … --- ## [NR displacement application under S29(3)(c)(d) and extension of s2](https://forum.mentalhealthlaw.co.uk/t/nr-displacement-application-under-s29-3-c-d-and-extension-of-s2/617)
**Author:** [@lkerosevic](https://forum.mentalhealthlaw.co.uk/u/lkerosevic)\ **Replies:** 4\ **Last updated:** [17 September 2021 11:32 UTC](https://forum.mentalhealthlaw.co.uk/t/nr-displacement-application-under-s29-3-c-d-and-extension-of-s2/617 "2021-09-17T11:32:57Z")
Recently found out that s29(4), the extension of s2 following application to displace a relative, only applies if the application is made on grounds (c) or (d) and not any other. Can anyone clarify, where an application… --- ## [Section 29 displacement - reinterview/reassessment needed?](https://forum.mentalhealthlaw.co.uk/t/section-29-displacement-reinterview-reassessment-needed/583)
**Author:** [@Leebee](https://forum.mentalhealthlaw.co.uk/u/Leebee)\ **Replies:** 2\ **Last updated:** [2 September 2021 10:26 UTC](https://forum.mentalhealthlaw.co.uk/t/section-29-displacement-reinterview-reassessment-needed/583 "2021-09-02T10:26:09Z")
wonder if you could give me some advice. person’s legal status is section 2 requiring section 3 admission patient’s nearest relative objects. Amhp makes application to Court under S29 and the once the Court has heard b… --- ## [Applicability of s72 to restricted patients](https://forum.mentalhealthlaw.co.uk/t/applicability-of-s72-to-restricted-patients/587)
**Author:** [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\ **Replies:** 3\ **Last updated:** [4 August 2021 19:21 UTC](https://forum.mentalhealthlaw.co.uk/t/applicability-of-s72-to-restricted-patients/587 "2021-08-04T19:21:20Z")
Sorry I am not a lawyer but just trying to understand if Section 72 1 b ii - MHA “that it is necessary for the health of safety of the patient or for the protection of other persons that he should receive such treatment… --- ## [Client under S37/41 physically unwell and immobile - conditional discharge or long term leave?](https://forum.mentalhealthlaw.co.uk/t/client-under-s37-41-physically-unwell-and-immobile-conditional-discharge-or-long-term-leave/560)
**Author:** [@RH7224](https://forum.mentalhealthlaw.co.uk/u/RH7224)\ **Replies:** 5\ **Last updated:** [24 July 2021 21:33 UTC](https://forum.mentalhealthlaw.co.uk/t/client-under-s37-41-physically-unwell-and-immobile-conditional-discharge-or-long-term-leave/560 "2021-07-24T21:33:18Z")
I have a client who is detained under a S37/41 and was detained on a medium secure ward however, he has been very unwell and was transferred to a general hospital a number of months ago. He has a tracheostomy in situ and… --- ## [Statutory information to patients](https://forum.mentalhealthlaw.co.uk/t/statutory-information-to-patients/552)
**Author:** [@Rosemaryherb](https://forum.mentalhealthlaw.co.uk/u/Rosemaryherb)\ **Replies:** 3\ **Last updated:** [17 June 2021 12:49 UTC](https://forum.mentalhealthlaw.co.uk/t/statutory-information-to-patients/552 "2021-06-17T12:49:36Z")
As Nearest Relative of an non-restricted male patient detained in a private forensic hospital for elderly me, I am aware of the statutory information authorities are required to give to patients and their NR’s. I do not … --- ## [Experience of being a nearest relative](https://forum.mentalhealthlaw.co.uk/t/experience-of-being-a-nearest-relative/544)
**Author:** [@Rosemaryherb](https://forum.mentalhealthlaw.co.uk/u/Rosemaryherb)\ **Replies:** 4\ **Last updated:** [16 June 2021 08:59 UTC](https://forum.mentalhealthlaw.co.uk/t/experience-of-being-a-nearest-relative/544 "2021-06-16T08:59:50Z")
I have been meaning to reply to messages sent in by Karen Walton, including one about unlawful practice but I think this message today from Rob Beech about incompetent Panel Members identifies the nub of the problem - th… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=17) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=19)