# Mental Health Act **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=19 [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:** 20 --- ## [Section 136 and "de-arrest"](https://forum.mentalhealthlaw.co.uk/t/section-136-and-de-arrest/530)
**Author:** [@arpsych](https://forum.mentalhealthlaw.co.uk/u/arpsych)\ **Replies:** 2\ **Last updated:** [9 June 2021 19:10 UTC](https://forum.mentalhealthlaw.co.uk/t/section-136-and-de-arrest/530 "2021-06-09T19:10:10Z")
Thanks a lot, Simon. Also, I am looking for guidance in following scenarios: Someone is arrested by the police; then showing symptoms mental disorder (either in public place or in police station)- then the police de-… --- ## [Training requirements for Mental Health Units (Use of Force) Act 2018](https://forum.mentalhealthlaw.co.uk/t/training-requirements-for-mental-health-units-use-of-force-act-2018/532)
**Author:** [@jonesrm](https://forum.mentalhealthlaw.co.uk/u/jonesrm)\ **Replies:** 1\ **Last updated:** [31 May 2021 20:35 UTC](https://forum.mentalhealthlaw.co.uk/t/training-requirements-for-mental-health-units-use-of-force-act-2018/532 "2021-05-31T20:35:33Z")
The introduction to the long awaited draft statutory guidance to this Act states: "Organisations should ensure that all staff are aware of and understand their duties under the Human Rights Act 1998 and other relevant U… --- ## [Continuing s136 after decision to admit patient](https://forum.mentalhealthlaw.co.uk/t/continuing-s136-after-decision-to-admit-patient/529)
**Author:** [@arpsych](https://forum.mentalhealthlaw.co.uk/u/arpsych)\ **Replies:** 1\ **Last updated:** [24 May 2021 17:48 UTC](https://forum.mentalhealthlaw.co.uk/t/continuing-s136-after-decision-to-admit-patient/529 "2021-05-24T17:48:48Z")
Hello, thought to use this platform to get clarification on a query. When we conduct a mental health act assessment and patient agrees to come to hospital (informally or under MHA); in many places, the nursing team sugg… --- ## [Right to healthcare when sectioned](https://forum.mentalhealthlaw.co.uk/t/right-to-healthcare-when-sectioned/465)
**Author:** [@Angel320](https://forum.mentalhealthlaw.co.uk/u/Angel320)\ **Replies:** 1\ **Last updated:** [3 May 2021 15:54 UTC](https://forum.mentalhealthlaw.co.uk/t/right-to-healthcare-when-sectioned/465 "2021-05-03T15:54:01Z")
Is there anything in law that provides protection to someone sectioned under section 3 of the mental health act so that the person can receive general healthcare that someone who isn’t sectioned can get access to? Aspec… --- ## [Section 136 - nearest relative](https://forum.mentalhealthlaw.co.uk/t/section-136-nearest-relative/461)
**Author:** [@Cayman](https://forum.mentalhealthlaw.co.uk/u/Cayman)\ **Replies:** 5\ **Last updated:** [27 April 2021 20:07 UTC](https://forum.mentalhealthlaw.co.uk/t/section-136-nearest-relative/461 "2021-04-27T20:07:35Z")
Hi, can a nearest relative be contacted under section 136 when there is no continued detention and px is discharged? --- ## [Validity of wording on MHA Forms](https://forum.mentalhealthlaw.co.uk/t/validity-of-wording-on-mha-forms/405)
**Author:** [@Thalamos\_Arden](https://forum.mentalhealthlaw.co.uk/u/Thalamos_Arden)\ **Replies:** 2\ **Last updated:** [1 April 2021 13:55 UTC](https://forum.mentalhealthlaw.co.uk/t/validity-of-wording-on-mha-forms/405 "2021-04-01T13:55:33Z")
Hello Everyone, I hope you’re all well. I wanted to put a note out to pick up on the topic of wording on the new MHA Forms. We’ve recently been made aware of a number of incidents of Forms not being accepted due to som… --- ## [What legal framework?](https://forum.mentalhealthlaw.co.uk/t/what-legal-framework/401)
**Author:** [@Claire](https://forum.mentalhealthlaw.co.uk/u/Claire)\ **Replies:** 4\ **Last updated:** [29 March 2021 15:53 UTC](https://forum.mentalhealthlaw.co.uk/t/what-legal-framework/401 "2021-03-29T15:53:58Z")
I am an AMHP and wanted a view on a situation I encountered yesterday. 15 year old in general children’s hospital for 2 weeks. Has become more and more withdrawn over past 14 months. Has become mute for past 6 months. S… --- ## [AMHP power to convey](https://forum.mentalhealthlaw.co.uk/t/amhp-power-to-convey/366)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 8\ **Last updated:** [11 March 2021 09:37 UTC](https://forum.mentalhealthlaw.co.uk/t/amhp-power-to-convey/366 "2021-03-11T09:37:48Z")
My client’s care coordinator is adamant that she was unlawfully restrained on admission as the police were not in attendance and there was no s135 warrant. My client had let the AMHP and s12 doctors into her property and… --- ## [S47/49 patients and "pocket money"](https://forum.mentalhealthlaw.co.uk/t/s47-49-patients-and-pocket-money/383)
**Author:** [@youngc](https://forum.mentalhealthlaw.co.uk/u/youngc)\ **Replies:** 2\ **Last updated:** [11 March 2021 00:21 UTC](https://forum.mentalhealthlaw.co.uk/t/s47-49-patients-and-pocket-money/383 "2021-03-11T00:21:37Z")
Does anyone have an update in relation to the ongoing Judicial Review by transferred prisoners who are no longer entitled to any welfare payments and paid pocket money under s122? --- ## [How to discover whether an assessment was carried out remotely](https://forum.mentalhealthlaw.co.uk/t/how-to-discover-whether-an-assessment-was-carried-out-remotely/333)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 4\ **Last updated:** [13 February 2021 09:58 UTC](https://forum.mentalhealthlaw.co.uk/t/how-to-discover-whether-an-assessment-was-carried-out-remotely/333 "2021-02-13T09:58:36Z")
At a recent tribunal the Judge asked the RC at the outset whether the Devon ruling affected the detention(Which was a bit odd as MHT could not consider that anyway.) The RC said it didn’t but that got us thinking as to h… --- ## [Devon Partnership NHS Trust v Secretary of State for Health and Social Care](https://forum.mentalhealthlaw.co.uk/t/devon-partnership-nhs-trust-v-secretary-of-state-for-health-and-social-care/292)
**Author:** [@jonesrm](https://forum.mentalhealthlaw.co.uk/u/jonesrm)\ **Replies:** 7\ **Last updated:** [11 February 2021 14:17 UTC](https://forum.mentalhealthlaw.co.uk/t/devon-partnership-nhs-trust-v-secretary-of-state-for-health-and-social-care/292 "2021-02-11T14:17:45Z")
FYI This case, which will be heard in the High Court tomorrow (the 13th), will consider the correct interpretation of s.11(5) and s.12(1) of the MHA. The specific issue that will be considered is whether the requirements… --- ## [Section 17 leave suspension - Covid-19](https://forum.mentalhealthlaw.co.uk/t/section-17-leave-suspension-covid-19/328)
**Author:** [@H.ali](https://forum.mentalhealthlaw.co.uk/u/H.ali)\ **Replies:** 5\ **Last updated:** [10 February 2021 22:59 UTC](https://forum.mentalhealthlaw.co.uk/t/section-17-leave-suspension-covid-19/328 "2021-02-10T22:59:48Z")
I am currently in process of challenging a private hospital’s policy on suspending all s.17 community leave in the midst of the pandemic. I struggle to see how a blanket policy (regardless of the pandemic) is proportiona… --- ## [Does the Devon judgment apply to renewals?](https://forum.mentalhealthlaw.co.uk/t/does-the-devon-judgment-apply-to-renewals/308)
**Author:** [@RWatson](https://forum.mentalhealthlaw.co.uk/u/RWatson)\ **Replies:** 5\ **Last updated:** [4 February 2021 20:11 UTC](https://forum.mentalhealthlaw.co.uk/t/does-the-devon-judgment-apply-to-renewals/308 "2021-02-04T20:11:13Z")
The Devon case recently ruled that s11 and s12 exams for AMHP’s application and med recs respectively must be face to face, not by video. However I have already heard of one Trust extending this ruling to s20 renewals, … --- ## [Photographing patients detained under the Act](https://forum.mentalhealthlaw.co.uk/t/photographing-patients-detained-under-the-act/326)
**Author:** [@jess](https://forum.mentalhealthlaw.co.uk/u/jess)\ **Replies:** 3\ **Last updated:** [7 February 2021 15:51 UTC](https://forum.mentalhealthlaw.co.uk/t/photographing-patients-detained-under-the-act/326 "2021-02-07T15:51:45Z")
Dear Forum Members, I wonder if anyone can advise me - We have received the proposal to photograph patient that are detained to the acute general hospital if they are detained under the MHA. This suggestion cam e follo… --- ## [How far in advance of CTO expiry can I renew it?](https://forum.mentalhealthlaw.co.uk/t/how-far-in-advance-of-cto-expiry-can-i-renew-it/329)
**Author:** [@mahqs](https://forum.mentalhealthlaw.co.uk/u/mahqs)\ **Replies:** 4\ **Last updated:** [7 February 2021 13:13 UTC](https://forum.mentalhealthlaw.co.uk/t/how-far-in-advance-of-cto-expiry-can-i-renew-it/329 "2021-02-07T13:13:13Z")
Please advise as to how far in advance a CTO can be renewed. E.g. if CTO expires in June 2021, can it be renewed a month or six weeks in advance? Many thanks --- ## [Reliability & Accuracy of 'Expert' Witnesses](https://forum.mentalhealthlaw.co.uk/t/reliability-accuracy-of-expert-witnesses/265)
**Author:** [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\ **Replies:** 3\ **Last updated:** [11 December 2020 10:24 UTC](https://forum.mentalhealthlaw.co.uk/t/reliability-accuracy-of-expert-witnesses/265 "2020-12-11T10:24:52Z")
I’m concerned about the accuracy and reliability of some of the ‘expert’ psychiatric evidence given in some recent cases. In the recent R v Nelson \[2020\] EWCA Crim 1615 case dealing with Sec 45a - Paragraph 39 says: \*"… --- ## [A Foreigner Writes (Scot asking about English detention/aftercare)](https://forum.mentalhealthlaw.co.uk/t/a-foreigner-writes-scot-asking-about-english-detention-aftercare/262)
**Author:** [@Voidgrab](https://forum.mentalhealthlaw.co.uk/u/Voidgrab)\ **Replies:** 1\ **Last updated:** [7 December 2020 16:27 UTC](https://forum.mentalhealthlaw.co.uk/t/a-foreigner-writes-scot-asking-about-english-detention-aftercare/262 "2020-12-07T16:27:31Z")
Hello, I practice as an Advocate in Scotland, and by an indirect route, I have been approached about a Case in London. I’ve done about as much as I can with my limited knowledge of the English System, but the issue see… --- ## [CTO Patient Informal Admission](https://forum.mentalhealthlaw.co.uk/t/cto-patient-informal-admission/235)
**Author:** [@desiwilliams](https://forum.mentalhealthlaw.co.uk/u/desiwilliams)\ **Replies:** 4\ **Last updated:** [1 December 2020 18:43 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-patient-informal-admission/235 "2020-12-01T18:43:45Z")
A new client has been on a CTO since April, albeit for the majority of it ‘informally’ staying at various different hospitals for months at a time. It doesn’t sit right with me. Four different hospitals have accepted hi… --- ## [1st December Updates to the MHA - what needs to happen?](https://forum.mentalhealthlaw.co.uk/t/1st-december-updates-to-the-mha-what-needs-to-happen/95)
**Author:** [@Thalamos\_Arden](https://forum.mentalhealthlaw.co.uk/u/Thalamos_Arden)\ **Replies:** 2\ **Last updated:** [30 November 2020 09:39 UTC](https://forum.mentalhealthlaw.co.uk/t/1st-december-updates-to-the-mha-what-needs-to-happen/95 "2020-11-30T09:39:51Z")
Interested in understanding how people are approaching the updated statutory wording. How if at all people are going to update their paper versions of the forms to include the new wording? --- ## [Aftercare out of area](https://forum.mentalhealthlaw.co.uk/t/aftercare-out-of-area/169)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 12\ **Last updated:** [20 November 2020 13:51 UTC](https://forum.mentalhealthlaw.co.uk/t/aftercare-out-of-area/169 "2020-11-20T13:51:35Z")
There is frequently a problem when it is planned to discharge the patient out of area and the receiving CMHT either refuse to accept the patient or refuse to provide a satisfactory care package. In a current case of mine… --- ## [Deprivation of liberty and conditional discharge](https://forum.mentalhealthlaw.co.uk/t/deprivation-of-liberty-and-conditional-discharge/20)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 3\ **Last updated:** [21 October 2020 10:55 UTC](https://forum.mentalhealthlaw.co.uk/t/deprivation-of-liberty-and-conditional-discharge/20 "2020-10-21T10:55:38Z")
Increasingly I find that tribunals want to impose conditions on Conditional Discharge that the patient cannot stay away from the accommodation overnight without permission of the clinical team. I have argued that this co… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=18)