# Mental Health Act **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=2 [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:** 3 --- ## [Prison sentence concurrent with s37/41](https://forum.mentalhealthlaw.co.uk/t/prison-sentence-concurrent-with-s37-41/4522)
**Author:** [@anonymous](https://forum.mentalhealthlaw.co.uk/u/anonymous)\ **Replies:** 30\ **Last updated:** [2 March 2026 10:11 UTC](https://forum.mentalhealthlaw.co.uk/t/prison-sentence-concurrent-with-s37-41/4522 "2026-03-02T10:11:16Z")
We have a s37/41 who has committed a criminal offence whilst detained . The Dr wants the matter dealt with by criminal courts . Is it possible for the criminal courts to give a prison sentence of custody that is concurr… --- ## [Nottingham Inquiry -- evidence about CTO and s117](https://forum.mentalhealthlaw.co.uk/t/nottingham-inquiry-evidence-about-cto-and-s117/5225)
**Author:** [@jonesrm](https://forum.mentalhealthlaw.co.uk/u/jonesrm)\ **Replies:** 3\ **Last updated:** [28 February 2026 15:11 UTC](https://forum.mentalhealthlaw.co.uk/t/nottingham-inquiry-evidence-about-cto-and-s117/5225 "2026-02-28T15:11:51Z")
Can anyone explain how this statement came to be made in the evidence submitted to the enquiry by Nottingham City Council: “44.At no stage prior to 13 June 2023 was a CTO effected at the point of VC’s discharge from psy… --- ## [MHA 2025, S.117 and the deeming provision: have they gone and (not) done it again?](https://forum.mentalhealthlaw.co.uk/t/mha-2025-s-117-and-the-deeming-provision-have-they-gone-and-not-done-it-again/5208)
**Author:** [@TimGorvett](https://forum.mentalhealthlaw.co.uk/u/TimGorvett)\ **Replies:** 13\ **Last updated:** [28 February 2026 12:12 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-2025-s-117-and-the-deeming-provision-have-they-gone-and-not-done-it-again/5208 "2026-02-28T12:12:51Z")
Looking at the new 2025 MH Act which popped out by surprise just before Xmas-only 25 years in the making-but baffled by what I am seeing in s.46(3A) about the re-definition of ordinary residence and therefore the determi… --- ## [CTO statutory criteria](https://forum.mentalhealthlaw.co.uk/t/cto-statutory-criteria/100)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 3\ **Last updated:** [26 February 2026 23:00 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-statutory-criteria/100 "2026-02-26T23:00:37Z")
Does anyone know whether there has been a challenge to the CTO statutory criteria on the basis that the patient only needs to have a Mental disorder of a nature and degree making it appropriate for him to need medical tr… --- ## [Patient on S3 goes AWOL and travels abroad for longer than a year - what happens?](https://forum.mentalhealthlaw.co.uk/t/patient-on-s3-goes-awol-and-travels-abroad-for-longer-than-a-year-what-happens/5221)
**Author:** [@Christoph](https://forum.mentalhealthlaw.co.uk/u/Christoph)\ **Replies:** 12\ **Last updated:** [24 February 2026 17:12 UTC](https://forum.mentalhealthlaw.co.uk/t/patient-on-s3-goes-awol-and-travels-abroad-for-longer-than-a-year-what-happens/5221 "2026-02-24T17:12:13Z")
Scenario: Inpatient on S3 of the MHA has gone abroad for over a year now and is living abroad without any idea if he/she will be coming back. What would happen and what a consultant have to decide based on this and kno… --- ## [Information suddenly withdrawn — nearest relative/advocate question](https://forum.mentalhealthlaw.co.uk/t/information-suddenly-withdrawn-nearest-relative-advocate-question/5193)
**Author:** [@MetaphorMuse](https://forum.mentalhealthlaw.co.uk/u/MetaphorMuse)\ **Replies:** 5\ **Last updated:** [19 February 2026 09:14 UTC](https://forum.mentalhealthlaw.co.uk/t/information-suddenly-withdrawn-nearest-relative-advocate-question/5193 "2026-02-19T09:14:52Z")
I used to receive information as an adult’s advocate/nearest relative, but recently multiple services have stopped sharing anything and say they ‘don’t have permission’. They also claim they haven’t been told about my ro… --- ## [Patient detained on S3 gone AWOL abroad - S3 expires and still not returned - what happens?](https://forum.mentalhealthlaw.co.uk/t/patient-detained-on-s3-gone-awol-abroad-s3-expires-and-still-not-returned-what-happens/5136)
**Author:** [@Christoph](https://forum.mentalhealthlaw.co.uk/u/Christoph)\ **Replies:** 10\ **Last updated:** [15 February 2026 20:46 UTC](https://forum.mentalhealthlaw.co.uk/t/patient-detained-on-s3-gone-awol-abroad-s3-expires-and-still-not-returned-what-happens/5136 "2026-02-15T20:46:36Z")
Hi everyone, I have case whereby a patient who is detained under S3 has gone AWOL from an inpatient ward in the UK. The patient at hand has gone abroad but nobody knows where to. It has been 6 weeks now and the patient… --- ## [What percentage of people who are sectioned have nothing wrong with them?](https://forum.mentalhealthlaw.co.uk/t/what-percentage-of-people-who-are-sectioned-have-nothing-wrong-with-them/5186)
**Author:** [@Andrew](https://forum.mentalhealthlaw.co.uk/u/Andrew)\ **Replies:** 0\ **Last updated:** [15 February 2026 17:22 UTC](https://forum.mentalhealthlaw.co.uk/t/what-percentage-of-people-who-are-sectioned-have-nothing-wrong-with-them/5186 "2026-02-15T17:22:54Z")
Arising from your comment I wonder what percentage of people who are sectioned have nothing wrong with them. Anyone got any stats? --- ## [CTO renewal papers (part 4 pre-dates parts 1,2 and 3)](https://forum.mentalhealthlaw.co.uk/t/cto-renewal-papers-part-4-pre-dates-parts-1-2-and-3/5077)
**Author:** [@JoeRobinson](https://forum.mentalhealthlaw.co.uk/u/JoeRobinson)\ **Replies:** 4\ **Last updated:** [3 February 2026 09:54 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-renewal-papers-part-4-pre-dates-parts-1-2-and-3/5077 "2026-02-03T09:54:40Z")
Good morning, if there are CTO renewal where part 4 pre-dates parts 1,2 and 3 what does that mean for the CTO if it has since been renewed on a number of occasions since then? Would it make the CTO invalid? And does the … --- ## [FOIA request to NHS England: Section 135/136 Mental Health Act Detentions, subsequent Common Law Detentions and other actions](https://forum.mentalhealthlaw.co.uk/t/foia-request-to-nhs-england-section-135-136-mental-health-act-detentions-subsequent-common-law-detentions-and-other-actions/3416)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 12\ **Last updated:** [3 February 2026 00:13 UTC](https://forum.mentalhealthlaw.co.uk/t/foia-request-to-nhs-england-section-135-136-mental-health-act-detentions-subsequent-common-law-detentions-and-other-actions/3416 "2026-02-03T00:13:53Z")
Following on from this National Nightmares: s136(2A) and s136B time limits - Law and practice / Mental Health Act - MHLO Forum, suggestions from 7 people to act outside the law (aka ultra vires) and my knowledge of a nat… --- ## [S135 actioned without warrant](https://forum.mentalhealthlaw.co.uk/t/s135-actioned-without-warrant/5069)
**Author:** [@BTapper1221](https://forum.mentalhealthlaw.co.uk/u/BTapper1221)\ **Replies:** 4\ **Last updated:** [31 January 2026 22:05 UTC](https://forum.mentalhealthlaw.co.uk/t/s135-actioned-without-warrant/5069 "2026-01-31T22:05:19Z")
Hi all, I’m after a bit of advice if possible. Last September I had a forced entry by police to action a S135. I’ve got confirmation from the trust, the police and the council they do not have copies of the warrant and… --- ## [Ongoing lack of S117](https://forum.mentalhealthlaw.co.uk/t/ongoing-lack-of-s117/4944)
**Author:** [@afterwhatcare](https://forum.mentalhealthlaw.co.uk/u/afterwhatcare)\ **Replies:** 14\ **Last updated:** [30 January 2026 10:00 UTC](https://forum.mentalhealthlaw.co.uk/t/ongoing-lack-of-s117/4944 "2026-01-30T10:00:47Z")
Hello, I am seeking advice on my current situation. I was detained for 3 years as an adolescent under numerous Section 3s between 2013-2017. Despite this invasive and extensive input, I have had no Section 117 aftercar… --- ## [Refusing treatment and wanting treatment on another ward because of past trauma and complaints](https://forum.mentalhealthlaw.co.uk/t/refusing-treatment-and-wanting-treatment-on-another-ward-because-of-past-trauma-and-complaints/5051)
**Author:** [@Christoph](https://forum.mentalhealthlaw.co.uk/u/Christoph)\ **Replies:** 5\ **Last updated:** [29 January 2026 08:54 UTC](https://forum.mentalhealthlaw.co.uk/t/refusing-treatment-and-wanting-treatment-on-another-ward-because-of-past-trauma-and-complaints/5051 "2026-01-29T08:54:56Z")
Hi, I have a case whereby a patient is saying due to previous trauma and serious complaints that they have had in the past on the ward that they are being admitted to. There is another ward which they have been on befor… --- ## [Two medical recommendations for s2 which are 99.9% identical](https://forum.mentalhealthlaw.co.uk/t/two-medical-recommendations-for-s2-which-are-99-9-identical/4885)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 12\ **Last updated:** [26 January 2026 09:46 UTC](https://forum.mentalhealthlaw.co.uk/t/two-medical-recommendations-for-s2-which-are-99-9-identical/4885 "2026-01-26T09:46:51Z")
Hi Following medical scrutiny of two electronic s2 medical recommendations the doctor has queried the legality of the detention after it had become apparent that the medical opinion given on the two separate forms were … --- ## [CTO concurrent with guardianship?](https://forum.mentalhealthlaw.co.uk/t/cto-concurrent-with-guardianship/5037)
**Author:** [@amod](https://forum.mentalhealthlaw.co.uk/u/amod)\ **Replies:** 1\ **Last updated:** [24 January 2026 12:45 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-concurrent-with-guardianship/5037 "2026-01-24T12:45:27Z")
A patient with long standing psychosis who although has a council flat can sleep rough and can go to various locations in Uk. Putting P’s own health at risk . P has psychosis and does this under the influence of this.… --- ## [Least Restrictive Alternative as a reason not to do a MHA assessment](https://forum.mentalhealthlaw.co.uk/t/least-restrictive-alternative-as-a-reason-not-to-do-a-mha-assessment/3243)
**Author:** [@wellsj](https://forum.mentalhealthlaw.co.uk/u/wellsj)\ **Replies:** 11\ **Last updated:** [22 January 2026 00:53 UTC](https://forum.mentalhealthlaw.co.uk/t/least-restrictive-alternative-as-a-reason-not-to-do-a-mha-assessment/3243 "2026-01-22T00:53:45Z")
I have a role supporting the families of people with mental illness. In our area the AMHP service is known to be under great pressure because of staffing problems etc. For the past year or so they have got into the habit… --- ## [S117, Accommodation and Housing Benefit](https://forum.mentalhealthlaw.co.uk/t/s117-accommodation-and-housing-benefit/4994)
**Author:** [@JadieH](https://forum.mentalhealthlaw.co.uk/u/JadieH)\ **Replies:** 2\ **Last updated:** [21 January 2026 12:18 UTC](https://forum.mentalhealthlaw.co.uk/t/s117-accommodation-and-housing-benefit/4994 "2026-01-21T12:18:27Z")
In several cases over the last few years, the LGO has said in their judgements that for individuals who have accommodation included within their s117 aftercare plans, they should not be asked to claim housing benefit to … --- ## [Advance decision refusing ECT and s62](https://forum.mentalhealthlaw.co.uk/t/advance-decision-refusing-ect-and-s62/5015)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 5\ **Last updated:** [20 January 2026 19:40 UTC](https://forum.mentalhealthlaw.co.uk/t/advance-decision-refusing-ect-and-s62/5015 "2026-01-20T19:40:20Z")
Hi Patient subject to detention under s2, appears to have a perfectly written, valid/applicable, signed, witnessed advance decision refusing ECT under all circumstances even if life is at risk whilst detained under the … --- ## [Notification to hospital and MOJ that s48/49 has ended](https://forum.mentalhealthlaw.co.uk/t/notification-to-hospital-and-moj-that-s48-49-has-ended/4996)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 2\ **Last updated:** [15 January 2026 16:35 UTC](https://forum.mentalhealthlaw.co.uk/t/notification-to-hospital-and-moj-that-s48-49-has-ended/4996 "2026-01-15T16:35:53Z")
Hi Who is responsible for notifying the detaining hospital and the MOJ of a patients s48/49 criminal court proceedings taking place/coming to an end and what documentation can we expect to receive including any timescal… --- ## [S37/41 restricted patient and choice of accommodation](https://forum.mentalhealthlaw.co.uk/t/s37-41-restricted-patient-and-choice-of-accommodation/3927)
**Author:** [@judith.naylor](https://forum.mentalhealthlaw.co.uk/u/judith.naylor)\ **Replies:** 16\ **Last updated:** [14 January 2026 23:16 UTC](https://forum.mentalhealthlaw.co.uk/t/s37-41-restricted-patient-and-choice-of-accommodation/3927 "2026-01-14T23:16:04Z")
The MOJ are insisting that P is discharged to a supported living placement. P has a house of his own and pays council tax and mortgage. If he moves to supported living he will have an added housing burden as he wouldn’… --- ## [Conditional discharge expiry date](https://forum.mentalhealthlaw.co.uk/t/conditional-discharge-expiry-date/4918)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 3\ **Last updated:** [10 January 2026 14:16 UTC](https://forum.mentalhealthlaw.co.uk/t/conditional-discharge-expiry-date/4918 "2026-01-10T14:16:31Z")
Does a conditionally discharged patient have an expiry date on their section? --- ## [Consequences of wrong person possibly consulted as nearest relative](https://forum.mentalhealthlaw.co.uk/t/consequences-of-wrong-person-possibly-consulted-as-nearest-relative/4429)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 2\ **Last updated:** [7 January 2026 12:18 UTC](https://forum.mentalhealthlaw.co.uk/t/consequences-of-wrong-person-possibly-consulted-as-nearest-relative/4429 "2026-01-07T12:18:02Z")
client is detained under section 3. The AMHP consulted the client’s mother and identified her as the nearest relative. However, when I spoke to the client, he stated that his father is the older of the two parents and sh… --- ## [PAP letter and/or judicial review](https://forum.mentalhealthlaw.co.uk/t/pap-letter-and-or-judicial-review/4902)
**Author:** [@osands](https://forum.mentalhealthlaw.co.uk/u/osands)\ **Replies:** 2\ **Last updated:** [5 January 2026 17:38 UTC](https://forum.mentalhealthlaw.co.uk/t/pap-letter-and-or-judicial-review/4902 "2026-01-05T17:38:48Z")
I am currently detained under section 3 of the MHA on a PICU. I have been detained since September 2024. Since March 2025 I have been classified as a delayed discharge and just waiting for a placement so I can be dischar… --- ## [JWT or Judicial Review?](https://forum.mentalhealthlaw.co.uk/t/jwt-or-judicial-review/4878)
**Author:** [@DorisDay](https://forum.mentalhealthlaw.co.uk/u/DorisDay)\ **Replies:** 13\ **Last updated:** [31 December 2025 17:25 UTC](https://forum.mentalhealthlaw.co.uk/t/jwt-or-judicial-review/4878 "2025-12-31T17:25:55Z")
F was detained under section 3. Schizoaffective disorder. Two weeks before the end of section she was downgraded to section 2 and according to PALS final letter made an involuntary patient. No records have been releas… --- ## [When a S37 order becomes spent as understood in Rehabilitation of Offenders act](https://forum.mentalhealthlaw.co.uk/t/when-a-s37-order-becomes-spent-as-understood-in-rehabilitation-of-offenders-act/4857)
**Author:** [@Spentconviction](https://forum.mentalhealthlaw.co.uk/u/Spentconviction)\ **Replies:** 12\ **Last updated:** [20 December 2025 20:06 UTC](https://forum.mentalhealthlaw.co.uk/t/when-a-s37-order-becomes-spent-as-understood-in-rehabilitation-of-offenders-act/4857 "2025-12-20T20:06:53Z")
Dear all, When does a hospital order becomes spent? (ie: when does a patient with a S37 sentence no longer have to disclose their offence to employers if asked) From the rehabilitation of offenders act S5 (8), I can se… --- ## [Patient recommended for s2 absconds without legal paperwork completed](https://forum.mentalhealthlaw.co.uk/t/patient-recommended-for-s2-absconds-without-legal-paperwork-completed/3145)
**Author:** [@Daisy2019](https://forum.mentalhealthlaw.co.uk/u/Daisy2019)\ **Replies:** 5\ **Last updated:** [19 December 2025 17:41 UTC](https://forum.mentalhealthlaw.co.uk/t/patient-recommended-for-s2-absconds-without-legal-paperwork-completed/3145 "2025-12-19T17:41:44Z")
If a patient is told they are recommended for section 2 but paperwork is not completed, the patient absconds while waiting for bed. Is it putting the patient at risk to self and risk to others if left to stay in communit… --- ## [Section 117 accommodation for home-owning patient separated from spouse who used to provide care](https://forum.mentalhealthlaw.co.uk/t/section-117-accommodation-for-home-owning-patient-separated-from-spouse-who-used-to-provide-care/4837)
**Author:** [@anonymous83](https://forum.mentalhealthlaw.co.uk/u/anonymous83)\ **Replies:** 7\ **Last updated:** [19 December 2025 17:24 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-accommodation-for-home-owning-patient-separated-from-spouse-who-used-to-provide-care/4837 "2025-12-19T17:24:19Z")
\[This post has been removed on request, but involved a patient “X” who used to be cared for by his spouse but who recently separated and cannot return home. The questions involved how to argue that supported living accom… --- ## [Meaning of words in statutory criteria: appropriate, necessary etc](https://forum.mentalhealthlaw.co.uk/t/meaning-of-words-in-statutory-criteria-appropriate-necessary-etc/4768)
**Author:** [@m-ffp](https://forum.mentalhealthlaw.co.uk/u/m-ffp)\ **Replies:** 4\ **Last updated:** [10 December 2025 21:19 UTC](https://forum.mentalhealthlaw.co.uk/t/meaning-of-words-in-statutory-criteria-appropriate-necessary-etc/4768 "2025-12-10T21:19:47Z")
Continuing the discussion from Effect of Supreme Court decision about Northern Irish law (Re RM): What struck me was the seemingly blanket insistence that “appropriate” and “necessary” mean the same thing, does that mea… --- ## [Start date of CTO after renewal](https://forum.mentalhealthlaw.co.uk/t/start-date-of-cto-after-renewal/4759)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 1\ **Last updated:** [5 December 2025 19:57 UTC](https://forum.mentalhealthlaw.co.uk/t/start-date-of-cto-after-renewal/4759 "2025-12-05T19:57:01Z")
My client was placed on a Community Treatment Order (Section 17A) on 10 December 2024. The CTO was due to expire at midnight on 9 June 2025 (six months), but it was renewed on 3 June 2025. Does the original start date(10… --- ## [Consequences of leaving the UK until expiry of CTO](https://forum.mentalhealthlaw.co.uk/t/consequences-of-leaving-the-uk-until-expiry-of-cto/4739)
**Author:** [@survivor2025](https://forum.mentalhealthlaw.co.uk/u/survivor2025)\ **Replies:** 2\ **Last updated:** [4 December 2025 16:26 UTC](https://forum.mentalhealthlaw.co.uk/t/consequences-of-leaving-the-uk-until-expiry-of-cto/4739 "2025-12-04T16:26:23Z")
Hi, I was accused of an offence, sent to prison for 3 Months, Then Mental Hospital. I was detained in Mental hospital based on my offence until my court hearing. I was found not guilty for my offence and further released… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=1) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=3)