# Mental Health Act **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=4 [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:** 5 --- ## [Should lawyer check s3 papers for CTO client?](https://forum.mentalhealthlaw.co.uk/t/should-lawyer-check-s3-papers-for-cto-client/4433)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 5\ **Last updated:** [14 October 2025 22:59 UTC](https://forum.mentalhealthlaw.co.uk/t/should-lawyer-check-s3-papers-for-cto-client/4433 "2025-10-14T22:59:31Z")
My client is on a CTO. Is it enough to review the CTO papers, or do I also need to review the section 3 papers? --- ## [When must RC-specific powers cease?](https://forum.mentalhealthlaw.co.uk/t/when-must-rc-specific-powers-cease/4107)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 23\ **Last updated:** [9 October 2025 21:07 UTC](https://forum.mentalhealthlaw.co.uk/t/when-must-rc-specific-powers-cease/4107 "2025-10-09T21:07:51Z")
The obvious answer is that with the departure of the RC or change of RC, the previous RC’s power ceases to exist. But what does this mean to me? It means until approved by the incoming RC: S17 leave will be void. T2s … --- ## [Section dates after CTO revocation](https://forum.mentalhealthlaw.co.uk/t/section-dates-after-cto-revocation/4412)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 3\ **Last updated:** [8 October 2025 10:25 UTC](https://forum.mentalhealthlaw.co.uk/t/section-dates-after-cto-revocation/4412 "2025-10-08T10:25:06Z")
my client was detained under Section 3 on 1st of January 2025, on 5th of May he was discharged on CTO. October 3rd, the CTO was revoked. My question is, does date of Section 3 start on the original date, or does it sta… --- ## [Number of ECT treatments that can be specified under s62 pending SOAD T6 authorisation](https://forum.mentalhealthlaw.co.uk/t/number-of-ect-treatments-that-can-be-specified-under-s62-pending-soad-t6-authorisation/4410)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 1\ **Last updated:** [7 October 2025 16:55 UTC](https://forum.mentalhealthlaw.co.uk/t/number-of-ect-treatments-that-can-be-specified-under-s62-pending-soad-t6-authorisation/4410 "2025-10-07T16:55:42Z")
Hello I know there is no statutory limit to the number of ECT treatments that can be authorised under T4 or T6 with the usual being 12, but what about ECT under s62? Some are saying only 2 ECT treatments can be specifie… --- ## [S48 - What does urgent mean?](https://forum.mentalhealthlaw.co.uk/t/s48-what-does-urgent-mean/4366)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 5\ **Last updated:** [7 October 2025 15:14 UTC](https://forum.mentalhealthlaw.co.uk/t/s48-what-does-urgent-mean/4366 "2025-10-07T15:14:33Z")
Yes - that is the question. 48.—(1) If in the case of a person to whom this section applies the Secretary of State is satisfied by the same reports as are required for the purposes of section 47 above that— \[(a)that p… --- ## [Transfer from notional s37 hospital order to s7 guardianship?](https://forum.mentalhealthlaw.co.uk/t/transfer-from-notional-s37-hospital-order-to-s7-guardianship/4360)
**Author:** [@lizzyW](https://forum.mentalhealthlaw.co.uk/u/lizzyW)\ **Replies:** 2\ **Last updated:** [7 October 2025 07:21 UTC](https://forum.mentalhealthlaw.co.uk/t/transfer-from-notional-s37-hospital-order-to-s7-guardianship/4360 "2025-10-07T07:21:20Z")
Hi all i am aware that a detained individual can be transferred from hospital to the Guardianship of the LSSA. This has the effect of using the existing medical applications and recommendations to hospital as if they we… --- ## [Validity of first med rec if AMHP and Ind s12 dr discharge but then pt deteriorates further](https://forum.mentalhealthlaw.co.uk/t/validity-of-first-med-rec-if-amhp-and-ind-s12-dr-discharge-but-then-pt-deteriorates-further/4336)
**Author:** [@MESK](https://forum.mentalhealthlaw.co.uk/u/MESK)\ **Replies:** 2\ **Last updated:** [6 October 2025 12:47 UTC](https://forum.mentalhealthlaw.co.uk/t/validity-of-first-med-rec-if-amhp-and-ind-s12-dr-discharge-but-then-pt-deteriorates-further/4336 "2025-10-06T12:47:35Z")
Hello, Can I please ask for advice for a scenario which came up while on call as a section 12 doctor re validity of first medical recommendations under the MHA. A patient was assessed in A&E under the MHA and a first m… --- ## [Solicitor's attendance at s117 meeting for patient who lacks capacity](https://forum.mentalhealthlaw.co.uk/t/solicitors-attendance-at-s117-meeting-for-patient-who-lacks-capacity/4338)
**Author:** [@MetaphorMuse](https://forum.mentalhealthlaw.co.uk/u/MetaphorMuse)\ **Replies:** 1\ **Last updated:** [5 October 2025 13:55 UTC](https://forum.mentalhealthlaw.co.uk/t/solicitors-attendance-at-s117-meeting-for-patient-who-lacks-capacity/4338 "2025-10-05T13:55:17Z")
Where a person lacks capacity and is represented by a solicitor, should that solicitor be formally invited to attend the Section 117 aftercare meeting to ensure their legal rights and best interests are upheld? --- ## [Missing Hospital Managers Reviews](https://forum.mentalhealthlaw.co.uk/t/missing-hospital-managers-reviews/4297)
**Author:** [@AmyBooth](https://forum.mentalhealthlaw.co.uk/u/AmyBooth)\ **Replies:** 13\ **Last updated:** [2 October 2025 18:26 UTC](https://forum.mentalhealthlaw.co.uk/t/missing-hospital-managers-reviews/4297 "2025-10-02T18:26:44Z")
We have received legal advice that the absence of an Associate Hospital Managers Review within a period of detention would render the whole detention invalid, even if there have been subsequent renewals and hearings held… --- ## [CTO in Scotland](https://forum.mentalhealthlaw.co.uk/t/cto-in-scotland/4292)
**Author:** [@hewitt](https://forum.mentalhealthlaw.co.uk/u/hewitt)\ **Replies:** 6\ **Last updated:** [24 September 2025 07:59 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-in-scotland/4292 "2025-09-24T07:59:37Z")
If a patient in Scotland on a CTO wants to be trasnferred to England, is the procedure the same the authority of CTO is swapped over by a CTO10 He is also under a Guardianship order with the office of public guardisn (S… --- ## [What happens if a nearest relative requests to discharge a patient on S3 but there has been no response?](https://forum.mentalhealthlaw.co.uk/t/what-happens-if-a-nearest-relative-requests-to-discharge-a-patient-on-s3-but-there-has-been-no-response/4248)
**Author:** [@Christoph](https://forum.mentalhealthlaw.co.uk/u/Christoph)\ **Replies:** 10\ **Last updated:** [23 September 2025 15:51 UTC](https://forum.mentalhealthlaw.co.uk/t/what-happens-if-a-nearest-relative-requests-to-discharge-a-patient-on-s3-but-there-has-been-no-response/4248 "2025-09-23T15:51:21Z")
Him I would like to ask what would be the outcome to the following: Nearest relative has requested to discharge a patient on section 3, yet there has not been a response or formal confirmation of this being allowed or … --- ## [CTO and Section 3 (renewal dates)](https://forum.mentalhealthlaw.co.uk/t/cto-and-section-3-renewal-dates/4283)
**Author:** [@ECl](https://forum.mentalhealthlaw.co.uk/u/ECl)\ **Replies:** 2\ **Last updated:** [23 September 2025 15:48 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-and-section-3-renewal-dates/4283 "2025-09-23T15:48:34Z")
Hello, I wonder if anyone can help… When a patient is on a CTO and is in and out of hospital settings how do the dates with the Section3 work out? EG, If a S3 began in January and the person goes back to the community… --- ## [Help finding a case - R v Callaghan (Calocane)](https://forum.mentalhealthlaw.co.uk/t/help-finding-a-case-r-v-callaghan-calocane/4288)
**Author:** [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\ **Replies:** 2\ **Last updated:** [21 September 2025 11:54 UTC](https://forum.mentalhealthlaw.co.uk/t/help-finding-a-case-r-v-callaghan-calocane/4288 "2025-09-21T11:54:36Z")
I’ve just seen this in some recent sentencing remarks in a diminished responsibility case: "I turn to the various options in terms of sentencing. Those are: Imprisonment; a Mental Health Act order under s.37 with or wit… --- ## [Homelessness and S117 - can OR change during a s2 admission before a s3 for the purpose of s117](https://forum.mentalhealthlaw.co.uk/t/homelessness-and-s117-can-or-change-during-a-s2-admission-before-a-s3-for-the-purpose-of-s117/4274)
**Author:** [@B.G](https://forum.mentalhealthlaw.co.uk/u/B.G)\ **Replies:** 4\ **Last updated:** [17 September 2025 15:32 UTC](https://forum.mentalhealthlaw.co.uk/t/homelessness-and-s117-can-or-change-during-a-s2-admission-before-a-s3-for-the-purpose-of-s117/4274 "2025-09-17T15:32:15Z")
Dear Colleagues, I understand ‘qualifying detention’ to be sections that give rise to s117 aftercare, however for the purpose of applying the Worcestershire judgement when working out aftercare, does the ‘immediately be… --- ## [Co-detention: Unfit 37/41 and 3](https://forum.mentalhealthlaw.co.uk/t/co-detention-unfit-37-41-and-3/4265)
**Author:** [@SYorkForensicPsych](https://forum.mentalhealthlaw.co.uk/u/SYorkForensicPsych)\ **Replies:** 1\ **Last updated:** [16 September 2025 12:47 UTC](https://forum.mentalhealthlaw.co.uk/t/co-detention-unfit-37-41-and-3/4265 "2025-09-16T12:47:10Z")
Hiya. Does anyone have experience, or know of any case law that references, co-detaining a patient on an unfit 37/41 and a 3? I know there is precident for s3 and s35 (R v North West London MH Trust Ex p. Stewart (1997)… --- ## [Court Common Platform](https://forum.mentalhealthlaw.co.uk/t/court-common-platform/4242)
**Author:** [@Rona](https://forum.mentalhealthlaw.co.uk/u/Rona)\ **Replies:** 1\ **Last updated:** [10 September 2025 13:46 UTC](https://forum.mentalhealthlaw.co.uk/t/court-common-platform/4242 "2025-09-10T13:46:06Z")
I was just wondering if anyone else is experiencing problems with the Common Platform the Courts now use for Hospital Orders. My latest experience is that a patient has been to court for two different charges and has no… --- ## [When Autism is Pathologised](https://forum.mentalhealthlaw.co.uk/t/when-autism-is-pathologised/4144)
**Author:** [@MetaphorMuse](https://forum.mentalhealthlaw.co.uk/u/MetaphorMuse)\ **Replies:** 8\ **Last updated:** [31 August 2025 16:05 UTC](https://forum.mentalhealthlaw.co.uk/t/when-autism-is-pathologised/4144 "2025-08-31T16:05:36Z")
In cases where autism has been formally diagnosed by recognised specialists, what protections exist to ensure that neurodivergent behaviours are not wrongly pathologised by carers or professionals unfamiliar with autism … --- ## [Section 2 patient - A2 form does not indicate if P informed of their rights nor if NR was consulted ](https://forum.mentalhealthlaw.co.uk/t/section-2-patient-a2-form-does-not-indicate-if-p-informed-of-their-rights-nor-if-nr-was-consulted/4143)
**Author:** [@anonymous47](https://forum.mentalhealthlaw.co.uk/u/anonymous47)\ **Replies:** 0\ **Last updated:** [29 August 2025 21:57 UTC](https://forum.mentalhealthlaw.co.uk/t/section-2-patient-a2-form-does-not-indicate-if-p-informed-of-their-rights-nor-if-nr-was-consulted/4143 "2025-08-29T21:57:31Z")
What is the position on the validity of a section 2 where the A2 form has a line drawn through the sections which should identify the nearest relative and also to clarity if the patient has been informed of their rights?… --- ## [Defective section papers (s2 application doesn't say whether NR informed)](https://forum.mentalhealthlaw.co.uk/t/defective-section-papers-s2-application-doesnt-say-whether-nr-informed/4039)
**Author:** [@anonymous70](https://forum.mentalhealthlaw.co.uk/u/anonymous70)\ **Replies:** 3\ **Last updated:** [29 August 2025 16:46 UTC](https://forum.mentalhealthlaw.co.uk/t/defective-section-papers-s2-application-doesnt-say-whether-nr-informed/4039 "2025-08-29T16:46:15Z")
What do we think about s 2 papers which do not show on the face of the application whether or not the NR has been informed, although the AMHP says she was? ( She did not delete either ‘informed or not informed’ )Is there… --- ## [Nearest Relative Discharge Request - when does email take effect?](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-discharge-request-when-does-email-take-effect/4114)
**Author:** [@Christoph](https://forum.mentalhealthlaw.co.uk/u/Christoph)\ **Replies:** 4\ **Last updated:** [28 August 2025 12:22 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-discharge-request-when-does-email-take-effect/4114 "2025-08-28T12:22:38Z")
Hi All, I have a couple of questions regarding a Nearest Relative (NR) asking to discharge their son under the MHA Section 3. I understand that the RC has the right to barr the request of discharge that the NR has aske… --- ## [Transfer to hospital while on remand and Form H3](https://forum.mentalhealthlaw.co.uk/t/transfer-to-hospital-while-on-remand-and-form-h3/4090)
**Author:** [@ECl](https://forum.mentalhealthlaw.co.uk/u/ECl)\ **Replies:** 4\ **Last updated:** [26 August 2025 21:22 UTC](https://forum.mentalhealthlaw.co.uk/t/transfer-to-hospital-while-on-remand-and-form-h3/4090 "2025-08-26T21:22:26Z")
Hello, If a person has a warrant to transfer from Prison/Court to Hospital whilst on remand and awaiting court date, would the Hospital then use a H3 once the person arrives? --- ## [2 months on Urgent DOLS instead of Section3](https://forum.mentalhealthlaw.co.uk/t/2-months-on-urgent-dols-instead-of-section3/4099)
**Author:** [@Caz](https://forum.mentalhealthlaw.co.uk/u/Caz)\ **Replies:** 9\ **Last updated:** [26 August 2025 09:16 UTC](https://forum.mentalhealthlaw.co.uk/t/2-months-on-urgent-dols-instead-of-section3/4099 "2025-08-26T09:16:09Z")
Our relative was in a MH unit for 3.5months following 6weeks being treated for Covid and Kidney Injury in the general hospital. The first 28days in the MH ward she was on Section2 then she was put on UrgentDOLS and never… --- ## [Conflict of interest in commissioning lay advocacy services?](https://forum.mentalhealthlaw.co.uk/t/conflict-of-interest-in-commissioning-lay-advocacy-services/4087)
**Author:** [@Whistleblower](https://forum.mentalhealthlaw.co.uk/u/Whistleblower)\ **Replies:** 2\ **Last updated:** [25 August 2025 10:20 UTC](https://forum.mentalhealthlaw.co.uk/t/conflict-of-interest-in-commissioning-lay-advocacy-services/4087 "2025-08-25T10:20:01Z")
Independent Mental Health Advocates (IMHAs) and statutory advocacy providers are commissioned and funded by NHS Trusts or Local Authorities — the very bodies whose actions they are meant to scrutinise. This creates a tro… --- ## [Does s58 apply to persons detained under s36 Mental Health Act 1983?](https://forum.mentalhealthlaw.co.uk/t/does-s58-apply-to-persons-detained-under-s36-mental-health-act-1983/4077)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 4\ **Last updated:** [24 August 2025 20:18 UTC](https://forum.mentalhealthlaw.co.uk/t/does-s58-apply-to-persons-detained-under-s36-mental-health-act-1983/4077 "2025-08-24T20:18:23Z")
Yes the question is “Does Section 58 apply to persons detained under S36 Mental Health Act 1983 (Amended 2007)?” As usual ‘some’ people believe S58 applies and ‘some’ people believe it doesn’t. So as not to contaminate … --- ## [Whether to use Form CTO12](https://forum.mentalhealthlaw.co.uk/t/whether-to-use-form-cto12/4112)
**Author:** [@amod](https://forum.mentalhealthlaw.co.uk/u/amod)\ **Replies:** 3\ **Last updated:** [24 August 2025 20:17 UTC](https://forum.mentalhealthlaw.co.uk/t/whether-to-use-form-cto12/4112 "2025-08-24T20:17:58Z")
Pt discharged on a CTO as a trade off that P will take depot. (History of noncompliance) after 3 weeks if discharged she takes depot but during capacity to consent 4B assessment says wants lower dose. P reluctantly a… --- ## [Consequences of NR discharge notice](https://forum.mentalhealthlaw.co.uk/t/consequences-of-nr-discharge-notice/3972)
**Author:** [@Jackson3005](https://forum.mentalhealthlaw.co.uk/u/Jackson3005)\ **Replies:** 8\ **Last updated:** [21 August 2025 00:09 UTC](https://forum.mentalhealthlaw.co.uk/t/consequences-of-nr-discharge-notice/3972 "2025-08-21T00:09:35Z")
My wife was on a section 2 which ended and was put on a section 3. She has made a good recovery and her mental health is much better. She was allowed unsupervised leave 10 times a day for 20 minutes at a time to go for… --- ## [Defective section papers #2 (s2 where both medical recommendations give identical "cut and paste" reasons)](https://forum.mentalhealthlaw.co.uk/t/defective-section-papers-2-s2-where-both-medical-recommendations-give-identical-cut-and-paste-reasons/4040)
**Author:** [@anonymous70](https://forum.mentalhealthlaw.co.uk/u/anonymous70)\ **Replies:** 12\ **Last updated:** [21 August 2025 00:08 UTC](https://forum.mentalhealthlaw.co.uk/t/defective-section-papers-2-s2-where-both-medical-recommendations-give-identical-cut-and-paste-reasons/4040 "2025-08-21T00:08:06Z")
We have a s2 with separate medical reccs signed on the same day with identical, ‘cut and paste’ reasons. This would appear to be invalid? --- ## [Does a lack of insight satisfy requirement for 'Degree' of disorder?](https://forum.mentalhealthlaw.co.uk/t/does-a-lack-of-insight-satisfy-requirement-for-degree-of-disorder/4058)
**Author:** [@anonymous70](https://forum.mentalhealthlaw.co.uk/u/anonymous70)\ **Replies:** 16\ **Last updated:** [20 August 2025 15:30 UTC](https://forum.mentalhealthlaw.co.uk/t/does-a-lack-of-insight-satisfy-requirement-for-degree-of-disorder/4058 "2025-08-20T15:30:26Z")
I represent a patient with working diagnosis of ‘drug induced psychosis’ and argued no nature or degree at MHT. In reasons the MHT accepts nature not met and agrees no symptoms at time of MHT except lack of insight into … --- ## [Notional Hospital Orders and H3](https://forum.mentalhealthlaw.co.uk/t/notional-hospital-orders-and-h3/4081)
**Author:** [@ECl](https://forum.mentalhealthlaw.co.uk/u/ECl)\ **Replies:** 3\ **Last updated:** [20 August 2025 07:21 UTC](https://forum.mentalhealthlaw.co.uk/t/notional-hospital-orders-and-h3/4081 "2025-08-20T07:21:12Z")
Would there be a seperate Hospital order when 49 restrictions have expired and the Section 47/49 is now a Section 37 --- ## [Access to specific data of patients by IMHA](https://forum.mentalhealthlaw.co.uk/t/access-to-specific-data-of-patients-by-imha/4020)
**Author:** [@AdvocacyEnquirer](https://forum.mentalhealthlaw.co.uk/u/AdvocacyEnquirer)\ **Replies:** 9\ **Last updated:** [11 August 2025 00:58 UTC](https://forum.mentalhealthlaw.co.uk/t/access-to-specific-data-of-patients-by-imha/4020 "2025-08-11T00:58:28Z")
Does an IMHA require a patient’s consent to get the following information: Name DOB Address, preferably home but can be hospital Date of admission to hospital Section Section due date from the ward the patient is on? … [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=3) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=5)