# Mental Health Act **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=3 [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:** 4 --- ## [Remand prisoners on s48/49 for lengthy periods because of court delays](https://forum.mentalhealthlaw.co.uk/t/remand-prisoners-on-s48-49-for-lengthy-periods-because-of-court-delays/4746)
**Author:** [@JoDee](https://forum.mentalhealthlaw.co.uk/u/JoDee)\ **Replies:** 0\ **Last updated:** [4 December 2025 15:56 UTC](https://forum.mentalhealthlaw.co.uk/t/remand-prisoners-on-s48-49-for-lengthy-periods-because-of-court-delays/4746 "2025-12-04T15:56:14Z")
On this topic, a patient in medium secure on s.48/49 has had his case management review delayed 10 times over the past 2 years. I have asked the MoJ how this patient can be held restricted on remand for more than 6 mont… --- ## [Conditional discharge exclusion zone out of the jurisdiction](https://forum.mentalhealthlaw.co.uk/t/conditional-discharge-exclusion-zone-out-of-the-jurisdiction/4743)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 0\ **Last updated:** [4 December 2025 14:45 UTC](https://forum.mentalhealthlaw.co.uk/t/conditional-discharge-exclusion-zone-out-of-the-jurisdiction/4743 "2025-12-04T14:45:47Z")
Continuing the discussion from Consequences of leaving the UK until expiry of CTO: The question in the topic above reminded me about something that cropped up in conversation a few weeks ago. Can a condition not to go e… --- ## [Local Authorities citing recall as an end to aftercare and a 'new' detention beginning meaning a change in RLA](https://forum.mentalhealthlaw.co.uk/t/local-authorities-citing-recall-as-an-end-to-aftercare-and-a-new-detention-beginning-meaning-a-change-in-rla/4725)
**Author:** [@ClarkeMar](https://forum.mentalhealthlaw.co.uk/u/ClarkeMar)\ **Replies:** 3\ **Last updated:** [3 December 2025 19:04 UTC](https://forum.mentalhealthlaw.co.uk/t/local-authorities-citing-recall-as-an-end-to-aftercare-and-a-new-detention-beginning-meaning-a-change-in-rla/4725 "2025-12-03T19:04:24Z")
Hello All Does anyone have any particular experience with Responsible Local Authorities ending 117 entitlements for a patient who’s qualifying section was s.37/41 and is later recalled to hospital. The RLA now holding t… --- ## [What if AMHP does not explain why neither doctor has previous acquaintance?](https://forum.mentalhealthlaw.co.uk/t/what-if-amhp-does-not-explain-why-neither-doctor-has-previous-acquaintance/4728)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 3\ **Last updated:** [2 December 2025 17:05 UTC](https://forum.mentalhealthlaw.co.uk/t/what-if-amhp-does-not-explain-why-neither-doctor-has-previous-acquaintance/4728 "2025-12-02T17:05:22Z")
If the two doctors do not have previous acquaintance with the patient, and the AMHP does not provide an explanation for why a doctor who knew the patient could not be found, does that make the section invalid? --- ## [Two hospital orders dated the same day](https://forum.mentalhealthlaw.co.uk/t/two-hospital-orders-dated-the-same-day/4251)
**Author:** [@Rona](https://forum.mentalhealthlaw.co.uk/u/Rona)\ **Replies:** 2\ **Last updated:** [28 November 2025 16:43 UTC](https://forum.mentalhealthlaw.co.uk/t/two-hospital-orders-dated-the-same-day/4251 "2025-11-28T16:43:08Z")
Continuing the discussion from Queries about second unrestricted hospital order: Hi Guy, So I have put a separate post up about the common platform that Courts use regarding my situation. So if I have two hospital order… --- ## [S117 and quashed sentence](https://forum.mentalhealthlaw.co.uk/t/s117-and-quashed-sentence/4712)
**Author:** [@ClarkeMar](https://forum.mentalhealthlaw.co.uk/u/ClarkeMar)\ **Replies:** 2\ **Last updated:** [26 November 2025 15:08 UTC](https://forum.mentalhealthlaw.co.uk/t/s117-and-quashed-sentence/4712 "2025-11-26T15:08:29Z")
Does anyone have any experience of a person’s entitlement to s.117 aftercare being denied following the conviction and subsequent hospital order with restrictions being quashed at court? Many thanks --- ## [Clinical scrutiny of Scottish Detention Paperwork](https://forum.mentalhealthlaw.co.uk/t/clinical-scrutiny-of-scottish-detention-paperwork/4702)
**Author:** [@Sejal](https://forum.mentalhealthlaw.co.uk/u/Sejal)\ **Replies:** 1\ **Last updated:** [25 November 2025 18:17 UTC](https://forum.mentalhealthlaw.co.uk/t/clinical-scrutiny-of-scottish-detention-paperwork/4702 "2025-11-25T18:17:16Z")
Hello, I was just wondering, if a patient is transferred to England with Scottish paperwork (CTO) do we need clinical scrutiny to be done on these papers, or does this not apply? --- ## [Advice needed on how best to read medical records](https://forum.mentalhealthlaw.co.uk/t/advice-needed-on-how-best-to-read-medical-records/4686)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 10\ **Last updated:** [25 November 2025 14:34 UTC](https://forum.mentalhealthlaw.co.uk/t/advice-needed-on-how-best-to-read-medical-records/4686 "2025-11-25T14:34:51Z")
For a Section 3 case, I have three months of progress notes totaling about 500 pages. Do I need to consider all of them, or just some? Is there any way to approach this more efficientlyfor example, by reviewing the initi… --- ## [Nearest relative identification -- adoptive and biological parents](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-identification-adoptive-and-biological-parents/4703)
**Author:** [@Strigan](https://forum.mentalhealthlaw.co.uk/u/Strigan)\ **Replies:** 2\ **Last updated:** [24 November 2025 21:33 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-identification-adoptive-and-biological-parents/4703 "2025-11-24T21:33:50Z")
A patient is put up for adoption as a child and is adopted and raised by the adopter. As an adult their adopting parent dies. They find out who their biological parent is and they meet. They decide to informally resume t… --- ## [Absence of proof of medical scrutiny invalidates detention?](https://forum.mentalhealthlaw.co.uk/t/absence-of-proof-of-medical-scrutiny-invalidates-detention/4687)
**Author:** [@AmyBooth](https://forum.mentalhealthlaw.co.uk/u/AmyBooth)\ **Replies:** 4\ **Last updated:** [24 November 2025 09:27 UTC](https://forum.mentalhealthlaw.co.uk/t/absence-of-proof-of-medical-scrutiny-invalidates-detention/4687 "2025-11-24T09:27:22Z")
Hi, Can I please have views on whether or not failure to be able to provide proof of medical scrutiny should invalidate a detention considering that the Code of Practice states that it SHOULD take place rather than MUST… --- ## [Tribunal application rights of NR and patient on s37](https://forum.mentalhealthlaw.co.uk/t/tribunal-application-rights-of-nr-and-patient-on-s37/4682)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 3\ **Last updated:** [22 November 2025 11:09 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-application-rights-of-nr-and-patient-on-s37/4682 "2025-11-22T11:09:52Z")
The patient is on a notional Section 37. Their Nearest Relative applied to the Tribunal and the application has already been heard, but the patient was not discharged. Can the patient now make their own application now? --- ## [Why did ambulance and police refuse to convey patient from home to hospital after s2 assessment?](https://forum.mentalhealthlaw.co.uk/t/why-did-ambulance-and-police-refuse-to-convey-patient-from-home-to-hospital-after-s2-assessment/4654)
**Author:** [@Talisman](https://forum.mentalhealthlaw.co.uk/u/Talisman)\ **Replies:** 3\ **Last updated:** [19 November 2025 20:13 UTC](https://forum.mentalhealthlaw.co.uk/t/why-did-ambulance-and-police-refuse-to-convey-patient-from-home-to-hospital-after-s2-assessment/4654 "2025-11-19T20:13:49Z")
During today’s Mental Health Act assessment at the patient’s home, family members granted full access to the property. Both doctors completed their medical recommendations, and the AMHP completed the application for dete… --- ## [S117 being ignored](https://forum.mentalhealthlaw.co.uk/t/s117-being-ignored/4675)
**Author:** [@Dax](https://forum.mentalhealthlaw.co.uk/u/Dax)\ **Replies:** 0\ **Last updated:** [19 November 2025 13:30 UTC](https://forum.mentalhealthlaw.co.uk/t/s117-being-ignored/4675 "2025-11-19T13:30:25Z")
The person concerned was discharged from a S3 in July without any aftercare. Despite my complaint it has not been resolved in any way. I was told the complaint would be answered after 60 days. It hasn’t been. The LA say … --- ## [Section 5(2) - H1 part 2](https://forum.mentalhealthlaw.co.uk/t/section-5-2-h1-part-2/4643)
**Author:** [@JPB](https://forum.mentalhealthlaw.co.uk/u/JPB)\ **Replies:** 10\ **Last updated:** [19 November 2025 10:01 UTC](https://forum.mentalhealthlaw.co.uk/t/section-5-2-h1-part-2/4643 "2025-11-19T10:01:29Z")
Am I right in thinking the 5(2) holding powers start the moment the doctor furnishes the form H1 to the internal mail system (assuming they’ve timed and dated it) and failure to complete part 2 does not invalidate this a… --- ## [Section 2 start date](https://forum.mentalhealthlaw.co.uk/t/section-2-start-date/4634)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 1\ **Last updated:** [13 November 2025 13:05 UTC](https://forum.mentalhealthlaw.co.uk/t/section-2-start-date/4634 "2025-11-13T13:05:29Z")
The patient for section 2 was admitted to the ward on 21/09/2025 at 20:40 hours. The AMHP signed the A2 form on 21/09/2025, but the H3 form (Part 1a) states that date of admission 21/09/2025, but it was h3 signed on 2… --- ## [Legal representation for nearest relative and patient at tribunal](https://forum.mentalhealthlaw.co.uk/t/legal-representation-for-nearest-relative-and-patient-at-tribunal/3504)
**Author:** [@anonymous59](https://forum.mentalhealthlaw.co.uk/u/anonymous59)\ **Replies:** 5\ **Last updated:** [9 November 2025 09:58 UTC](https://forum.mentalhealthlaw.co.uk/t/legal-representation-for-nearest-relative-and-patient-at-tribunal/3504 "2025-11-09T09:58:15Z")
Thanks. If my NR applies to the tribunal, can they get representation? They have the same right to appoint someone to represent them at their tribunal. This can be a legal representative or a non-legal representative. … --- ## [Justification for move from s2 to s3](https://forum.mentalhealthlaw.co.uk/t/justification-for-move-from-s2-to-s3/4585)
**Author:** [@micka](https://forum.mentalhealthlaw.co.uk/u/micka)\ **Replies:** 2\ **Last updated:** [8 November 2025 14:42 UTC](https://forum.mentalhealthlaw.co.uk/t/justification-for-move-from-s2-to-s3/4585 "2025-11-08T14:42:29Z")
when section 2 ends do the hospital have to show a treatment plan to get section 3? --- ## [Automatically ending s117 duty when patient is re-detained in another borough](https://forum.mentalhealthlaw.co.uk/t/automatically-ending-s117-duty-when-patient-is-re-detained-in-another-borough/4581)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 3\ **Last updated:** [6 November 2025 16:50 UTC](https://forum.mentalhealthlaw.co.uk/t/automatically-ending-s117-duty-when-patient-is-re-detained-in-another-borough/4581 "2025-11-06T16:50:21Z")
Hi Can LAs and NHS bodies automatically end s117, without reviewing/involving the patient who continues to have s117 needs because they became aware that the patient moved to another borough and was re-detained in that … --- ## [Challenged in tribunal about why incapacitated compliant patient could not be on DOLS in hospital](https://forum.mentalhealthlaw.co.uk/t/challenged-in-tribunal-about-why-incapacitated-compliant-patient-could-not-be-on-dols-in-hospital/3093)
**Author:** [@lizzyW](https://forum.mentalhealthlaw.co.uk/u/lizzyW)\ **Replies:** 11\ **Last updated:** [5 November 2025 11:19 UTC](https://forum.mentalhealthlaw.co.uk/t/challenged-in-tribunal-about-why-incapacitated-compliant-patient-could-not-be-on-dols-in-hospital/3093 "2025-11-05T11:19:58Z")
Hi all , i am a forensic social worker , working with a person detained under section 37, we are in a position where we can be looking at this persons discharge to a 24 hour care setting on a 1:1 . A standard Authori… --- ## [S117a and Care Act Assessment Eligibility](https://forum.mentalhealthlaw.co.uk/t/s117a-and-care-act-assessment-eligibility/4556)
**Author:** [@Kinloss](https://forum.mentalhealthlaw.co.uk/u/Kinloss)\ **Replies:** 5\ **Last updated:** [4 November 2025 01:53 UTC](https://forum.mentalhealthlaw.co.uk/t/s117a-and-care-act-assessment-eligibility/4556 "2025-11-04T01:53:41Z")
In the case of a child (17yo) who was detained under a S117a qualifying section where there is a duty on the relevant statutory bodies to provide aftercare to meet assessed needs relating to original MHA detention for tr… --- ## [Section 117 aftercare responsibility for an 18 year old (previously a looked after child ) who has been sectioned in two different boroughs](https://forum.mentalhealthlaw.co.uk/t/section-117-aftercare-responsibility-for-an-18-year-old-previously-a-looked-after-child-who-has-been-sectioned-in-two-different-boroughs/4568)
**Author:** [@Mary19](https://forum.mentalhealthlaw.co.uk/u/Mary19)\ **Replies:** 7\ **Last updated:** [3 November 2025 10:00 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-aftercare-responsibility-for-an-18-year-old-previously-a-looked-after-child-who-has-been-sectioned-in-two-different-boroughs/4568 "2025-11-03T10:00:03Z")
Dear AMHPs and Social Workers, I am handling a case where D a 18 year old who has been on section 3 four times in 2 different boroughs. They were a looked after child in borough X at the time of all the sectioning’s . T… --- ## [Mental Health Act assessment request not taken to appropriate interview after triage](https://forum.mentalhealthlaw.co.uk/t/mental-health-act-assessment-request-not-taken-to-appropriate-interview-after-triage/3687)
**Author:** [@Tony2457](https://forum.mentalhealthlaw.co.uk/u/Tony2457)\ **Replies:** 5\ **Last updated:** [31 October 2025 18:02 UTC](https://forum.mentalhealthlaw.co.uk/t/mental-health-act-assessment-request-not-taken-to-appropriate-interview-after-triage/3687 "2025-10-31T18:02:27Z")
Dear all AMHP’s Has anyone Triaged a MHA assessment request and put it on hold as the Nearest Relative has said they are going to see the Patient, “Their Wife” and wanted to use the least restrictive option first. Secon… --- ## [When does delegation of Nearest Relative powers under Reg 24 end?](https://forum.mentalhealthlaw.co.uk/t/when-does-delegation-of-nearest-relative-powers-under-reg-24-end/4557)
**Author:** [@larapatrick](https://forum.mentalhealthlaw.co.uk/u/larapatrick)\ **Replies:** 4\ **Last updated:** [31 October 2025 16:01 UTC](https://forum.mentalhealthlaw.co.uk/t/when-does-delegation-of-nearest-relative-powers-under-reg-24-end/4557 "2025-10-31T16:01:13Z")
Where the NR role has been delegated under Reg 24, does this only last for the detention period in which the delegation was made? The Regs refer to the delegation ending on withdrawal of delegation / death of NR or NR c… --- ## [RC arrangements for long-term S17](https://forum.mentalhealthlaw.co.uk/t/rc-arrangements-for-long-term-s17/4515)
**Author:** [@charlottemapp](https://forum.mentalhealthlaw.co.uk/u/charlottemapp)\ **Replies:** 2\ **Last updated:** [21 October 2025 12:09 UTC](https://forum.mentalhealthlaw.co.uk/t/rc-arrangements-for-long-term-s17/4515 "2025-10-21T12:09:50Z")
We have a patient that is likely to be discharged into the community under long-term S17 as he is unlikely to be able to be conditionally discharged from his S37/41 but not longer requires hospital treatment. The plan wa… --- ## [Section 135(2) warrants and evidence from nurse who hadn't applied for warrant](https://forum.mentalhealthlaw.co.uk/t/section-135-2-warrants-and-evidence-from-nurse-who-hadnt-applied-for-warrant/4509)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 3\ **Last updated:** [21 October 2025 09:43 UTC](https://forum.mentalhealthlaw.co.uk/t/section-135-2-warrants-and-evidence-from-nurse-who-hadnt-applied-for-warrant/4509 "2025-10-21T09:43:25Z")
Hi Nursing staff have raised concerns where they are applying for the above, are no longer on shift or are on annual leave for when the hearing does eventually takes place, but a different nurse is willing to attend the… --- ## [Legal duty after AMHP decides to make application](https://forum.mentalhealthlaw.co.uk/t/legal-duty-after-amhp-decides-to-make-application/4491)
**Author:** [@Walaro1](https://forum.mentalhealthlaw.co.uk/u/Walaro1)\ **Replies:** 11\ **Last updated:** [20 October 2025 17:30 UTC](https://forum.mentalhealthlaw.co.uk/t/legal-duty-after-amhp-decides-to-make-application/4491 "2025-10-20T17:30:52Z")
What is the legal duty of a Trust to provide a bed once an AMHP has decided that they will make an application for admission under section? What if the patient agrees to be admitted informally while waiting for the bed? … --- ## [When does s3 detention of A&E patient commence?](https://forum.mentalhealthlaw.co.uk/t/when-does-s3-detention-of-a-e-patient-commence/4495)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 1\ **Last updated:** [19 October 2025 16:19 UTC](https://forum.mentalhealthlaw.co.uk/t/when-does-s3-detention-of-a-e-patient-commence/4495 "2025-10-19T16:19:31Z")
Patient was detained by police on 17/08/2025 and taken to A&E. An AMHP and two doctors assessed her on 19/08/2025 and signed the section 3 application on the same date. However, the H3 form states in Part A that the pati… --- ## [AMHPs and MHAAs](https://forum.mentalhealthlaw.co.uk/t/amhps-and-mhaas/4324)
**Author:** [@RS0](https://forum.mentalhealthlaw.co.uk/u/RS0)\ **Replies:** 5\ **Last updated:** [19 October 2025 15:32 UTC](https://forum.mentalhealthlaw.co.uk/t/amhps-and-mhaas/4324 "2025-10-19T15:32:51Z")
Dear all, A colleague is in a complexity where they have several EUPD patients on the female ward, who for various reasons are requiring a MHA assessment. There has been instances where the AMHPs have spoken to the pati… --- ## [Is the Nearest Relative more powerful than a doctor?](https://forum.mentalhealthlaw.co.uk/t/is-the-nearest-relative-more-powerful-than-a-doctor/3310)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 16\ **Last updated:** [17 October 2025 10:46 UTC](https://forum.mentalhealthlaw.co.uk/t/is-the-nearest-relative-more-powerful-than-a-doctor/3310 "2025-10-17T10:46:01Z")
My understanding - subject to invited correction - is that an ‘application’ for admission to a hospital is more powerful than a ‘medical recommendation’. I can think that because across the land ‘medical recommendations’… --- ## [When does s2 detention of existing inpatient commence?](https://forum.mentalhealthlaw.co.uk/t/when-does-s2-detention-of-existing-inpatient-commence/4444)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 1\ **Last updated:** [15 October 2025 13:43 UTC](https://forum.mentalhealthlaw.co.uk/t/when-does-s2-detention-of-existing-inpatient-commence/4444 "2025-10-15T13:43:09Z")
My client was detained under Section 2. The AMHP and the doctors all saw him on 01/08/2025 and signed the papers on the same day. However, the H3 form states that he was admitted to hospital on 26/07/2025, and it was sig… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=2) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=4)