# Mental Health Act **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=5 [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:** 6 --- ## [What to do if a patient has gone AWOL for over 3-4 weeks and on S3](https://forum.mentalhealthlaw.co.uk/t/what-to-do-if-a-patient-has-gone-awol-for-over-3-4-weeks-and-on-s3/4048)
**Author:** [@Christoph](https://forum.mentalhealthlaw.co.uk/u/Christoph)\ **Replies:** 2\ **Last updated:** [10 August 2025 18:50 UTC](https://forum.mentalhealthlaw.co.uk/t/what-to-do-if-a-patient-has-gone-awol-for-over-3-4-weeks-and-on-s3/4048 "2025-08-10T18:50:53Z")
Hi, I was wondering what happens to a patient that has been sectioned/detained under the MHA on S3 and gone AWOl (missing) for over 3-4 weeks now. The patient is still designated her bedroom but would it be the case th… --- ## [NG feeding authority?](https://forum.mentalhealthlaw.co.uk/t/ng-feeding-authority/3950)
**Author:** [@GemmaH](https://forum.mentalhealthlaw.co.uk/u/GemmaH)\ **Replies:** 2\ **Last updated:** [8 August 2025 20:53 UTC](https://forum.mentalhealthlaw.co.uk/t/ng-feeding-authority/3950 "2025-08-08T20:53:38Z")
Evening all. Can someone please advise/help at what paperwork/authority I should see regarding a s3 subject to NG feeding? New one for me! --- ## [Disputing an exclusion zone?](https://forum.mentalhealthlaw.co.uk/t/disputing-an-exclusion-zone/3286)
**Author:** [@voxego1](https://forum.mentalhealthlaw.co.uk/u/voxego1)\ **Replies:** 11\ **Last updated:** [7 August 2025 12:02 UTC](https://forum.mentalhealthlaw.co.uk/t/disputing-an-exclusion-zone/3286 "2025-08-07T12:02:33Z")
Views welcome. Patient receives a 37/41 order, with a restriction zone imposed by court not to enter two streets (where the victim resides). In the process of applying for escorted leave, so VLO contacted, who contacts… --- ## [Tangled web: Is S3 more powerful than a remand order made by the Court?](https://forum.mentalhealthlaw.co.uk/t/tangled-web-is-s3-more-powerful-than-a-remand-order-made-by-the-court/3948)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 21\ **Last updated:** [5 August 2025 06:47 UTC](https://forum.mentalhealthlaw.co.uk/t/tangled-web-is-s3-more-powerful-than-a-remand-order-made-by-the-court/3948 "2025-08-05T06:47:29Z")
Here is a sequence P in medium security is a prisoner who was transferred many months ago into hospital for treatment under Section 48/49 of MHA 1983. P was placed on S37/41 as the 48/49 fell away (circumstances unknow… --- ## [Whether an AMHP who is not the applicant can arrange conveyance](https://forum.mentalhealthlaw.co.uk/t/whether-an-amhp-who-is-not-the-applicant-can-arrange-conveyance/3940)
**Author:** [@Strigan](https://forum.mentalhealthlaw.co.uk/u/Strigan)\ **Replies:** 2\ **Last updated:** [29 July 2025 16:29 UTC](https://forum.mentalhealthlaw.co.uk/t/whether-an-amhp-who-is-not-the-applicant-can-arrange-conveyance/3940 "2025-07-29T16:29:29Z")
Related to this there seems to be an inconsistency in practice in different local authorities. In some LAs, if an AMHP signs an application but there’s a delay arranging transport and the applicant is not on duty when th… --- ## [Whether patient is in AMHP's custody after MHA application signed](https://forum.mentalhealthlaw.co.uk/t/whether-patient-is-in-amhps-custody-after-mha-application-signed/3395)
**Author:** [@Nickwoo](https://forum.mentalhealthlaw.co.uk/u/Nickwoo)\ **Replies:** 3\ **Last updated:** [10 March 2025 17:26 UTC](https://forum.mentalhealthlaw.co.uk/t/whether-patient-is-in-amhps-custody-after-mha-application-signed/3395 "2025-03-10T17:26:13Z")
Continuing the discussion from Deadline for admission after s2 recommendation: And, if an application has been made, it is not at all clear that the patient is straightforwardly in the AMHP’s custody during a prolonged … --- ## [Treatment following s37/41 recall](https://forum.mentalhealthlaw.co.uk/t/treatment-following-s37-41-recall/3922)
**Author:** [@shani](https://forum.mentalhealthlaw.co.uk/u/shani)\ **Replies:** 5\ **Last updated:** [22 July 2025 18:03 UTC](https://forum.mentalhealthlaw.co.uk/t/treatment-following-s37-41-recall/3922 "2025-07-22T18:03:56Z")
Does a S37/41 recall go on S62 to be medicated and SOAD application be completed? --- ## [Can the Responsible Clinician be subject to Judicial Review?](https://forum.mentalhealthlaw.co.uk/t/can-the-responsible-clinician-be-subject-to-judicial-review/3902)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 8\ **Last updated:** [20 July 2025 14:27 UTC](https://forum.mentalhealthlaw.co.uk/t/can-the-responsible-clinician-be-subject-to-judicial-review/3902 "2025-07-20T14:27:51Z")
I imagine the issue rests on heavily on whether the RC is exercising public law functions and/or is considered to be a public body. I’m struggling to find any case law specific to this issue. Yes there is case law that … --- ## [Ward with intermittent RC cover](https://forum.mentalhealthlaw.co.uk/t/ward-with-intermittent-rc-cover/3756)
**Author:** [@Anon22](https://forum.mentalhealthlaw.co.uk/u/Anon22)\ **Replies:** 6\ **Last updated:** [19 July 2025 21:47 UTC](https://forum.mentalhealthlaw.co.uk/t/ward-with-intermittent-rc-cover/3756 "2025-07-19T21:47:06Z")
I know that detained patients have the right to a named rc at all times. But I can’t find where it says this anywhere. Could someone link it please? --- ## [Part 2 signature and date of form H5 missing, and accidentally added to Part 4](https://forum.mentalhealthlaw.co.uk/t/part-2-signature-and-date-of-form-h5-missing-and-accidentally-added-to-part-4/3906)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 1\ **Last updated:** [19 July 2025 21:28 UTC](https://forum.mentalhealthlaw.co.uk/t/part-2-signature-and-date-of-form-h5-missing-and-accidentally-added-to-part-4/3906 "2025-07-19T21:28:52Z")
Hi The RC consulted with the patients RMN in Part 1 and then signed off/dated Part 1. The RC then asked the same RMN to provide their written statement by signing off/adding date in Part 2 - however the RMN accidentally… --- ## [Patient wishes to remain informal despite enhanced observations](https://forum.mentalhealthlaw.co.uk/t/patient-wishes-to-remain-informal-despite-enhanced-observations/3811)
**Author:** [@Christoph](https://forum.mentalhealthlaw.co.uk/u/Christoph)\ **Replies:** 2\ **Last updated:** [2 July 2025 13:49 UTC](https://forum.mentalhealthlaw.co.uk/t/patient-wishes-to-remain-informal-despite-enhanced-observations/3811 "2025-07-02T13:49:11Z")
Hi there I wanted to ask about the legality of my current admission. I have been put on 1 to 1 observations for enhanced support and keeping me safe. I am an informal patient but my consultant and inpatient ward team … --- ## [Complaints from hospital managers regarding out of date reports for hearings](https://forum.mentalhealthlaw.co.uk/t/complaints-from-hospital-managers-regarding-out-of-date-reports-for-hearings/3809)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 1\ **Last updated:** [1 July 2025 18:53 UTC](https://forum.mentalhealthlaw.co.uk/t/complaints-from-hospital-managers-regarding-out-of-date-reports-for-hearings/3809 "2025-07-01T18:53:11Z")
Hi So some of our hospital managers are complaining about out of date clinical reports by the RC especially in CTO cases where I hear reports can be 6 months old. The view of the RC is that the CTO7 itself documenting t… --- ## [Exclusion Zones - keeping them up to date](https://forum.mentalhealthlaw.co.uk/t/exclusion-zones-keeping-them-up-to-date/3260)
**Author:** [@Sophie\_Holloway](https://forum.mentalhealthlaw.co.uk/u/Sophie_Holloway)\ **Replies:** 5\ **Last updated:** [30 June 2025 12:39 UTC](https://forum.mentalhealthlaw.co.uk/t/exclusion-zones-keeping-them-up-to-date/3260 "2025-06-30T12:39:05Z")
Is there any guidance which says that victim related exclusion zones should be reviewed at certain intervals to ascertain whether they are still relevant? For instance, if an exclusion zone was put in place for a condit… --- ## [The 'necessary' requirement to recall in a CTO](https://forum.mentalhealthlaw.co.uk/t/the-necessary-requirement-to-recall-in-a-cto/3787)
**Author:** [@Foxicus](https://forum.mentalhealthlaw.co.uk/u/Foxicus)\ **Replies:** 2\ **Last updated:** [30 June 2025 08:53 UTC](https://forum.mentalhealthlaw.co.uk/t/the-necessary-requirement-to-recall-in-a-cto/3787 "2025-06-30T08:53:58Z")
In a hearing to renew a CTO, two of the panel agreed to renew the CTO as they felt that it was in their best interests. One of the panel disagreed that it was necessary for the RC to have the power of recall. What is the… --- ## [Discharging 47/49 patients, and welfare benefits](https://forum.mentalhealthlaw.co.uk/t/discharging-47-49-patients-and-welfare-benefits/2522)
**Author:** [@ejt](https://forum.mentalhealthlaw.co.uk/u/ejt)\ **Replies:** 6\ **Last updated:** [20 June 2025 11:53 UTC](https://forum.mentalhealthlaw.co.uk/t/discharging-47-49-patients-and-welfare-benefits/2522 "2025-06-20T11:53:38Z")
Why is it that life sentence patients detained under section 47 /49 of the mental health act are discharged into the community with just £20 to live on until there universal credit application has been processed? But if … --- ## [Voice recording of Associate Hospital Managers hearings](https://forum.mentalhealthlaw.co.uk/t/voice-recording-of-associate-hospital-managers-hearings/3742)
**Author:** [@metoo](https://forum.mentalhealthlaw.co.uk/u/metoo)\ **Replies:** 3\ **Last updated:** [12 June 2025 23:49 UTC](https://forum.mentalhealthlaw.co.uk/t/voice-recording-of-associate-hospital-managers-hearings/3742 "2025-06-12T23:49:43Z")
Are these voice recorded in all hospitals? --- ## [Delay in transfer from prison to hospital](https://forum.mentalhealthlaw.co.uk/t/delay-in-transfer-from-prison-to-hospital/3731)
**Author:** [@tasleemakhtar](https://forum.mentalhealthlaw.co.uk/u/tasleemakhtar)\ **Replies:** 1\ **Last updated:** [10 June 2025 13:23 UTC](https://forum.mentalhealthlaw.co.uk/t/delay-in-transfer-from-prison-to-hospital/3731 "2025-06-10T13:23:03Z")
An individual is awaiting a bed at a psychiatric hospital however a bed has not been made available anywhere on the country. The judge has had a report from doctor stating he is unwell and needs a bed but it has now bee… --- ## [What happens after an arrested person is sectioned under the MHA?](https://forum.mentalhealthlaw.co.uk/t/what-happens-after-an-arrested-person-is-sectioned-under-the-mha/3713)
**Author:** [@OwenSmith](https://forum.mentalhealthlaw.co.uk/u/OwenSmith)\ **Replies:** 7\ **Last updated:** [10 June 2025 12:54 UTC](https://forum.mentalhealthlaw.co.uk/t/what-happens-after-an-arrested-person-is-sectioned-under-the-mha/3713 "2025-06-10T12:54:11Z")
Scenario - a person is arrested then sectioned under the MHA. What happens after a person is sectioned and they are released from hospital? Will they be released to police custody? Does the detention under the MHA have a… --- ## [Patient under s5(2) - NR objection to s3](https://forum.mentalhealthlaw.co.uk/t/patient-under-s5-2-nr-objection-to-s3/3704)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 10\ **Last updated:** [29 May 2025 13:41 UTC](https://forum.mentalhealthlaw.co.uk/t/patient-under-s5-2-nr-objection-to-s3/3704 "2025-05-29T13:41:47Z")
Hi So patient was initially under section 2 around 4 weeks ago - which was rescinded by the RC after about 3 weeks into the detention as patient had agreed to voluntary admission. 2 weeks into his voluntary admission t… --- ## [3rd CTO recall back to back](https://forum.mentalhealthlaw.co.uk/t/3rd-cto-recall-back-to-back/3707)
**Author:** [@LoopyLou](https://forum.mentalhealthlaw.co.uk/u/LoopyLou)\ **Replies:** 2\ **Last updated:** [28 May 2025 10:45 UTC](https://forum.mentalhealthlaw.co.uk/t/3rd-cto-recall-back-to-back/3707 "2025-05-28T10:45:12Z")
I don’t know if this forum is designed for the general public, but I joined anyway. My husband was recalled to hospital (he’s been on a CTO since September) the paperwork is dated 8:30am 21st May, obviously that ran out… --- ## [Repatriation of foreign nationals (restricted patients)](https://forum.mentalhealthlaw.co.uk/t/repatriation-of-foreign-nationals-restricted-patients/2600)
**Author:** [@Rob\_Beech](https://forum.mentalhealthlaw.co.uk/u/Rob_Beech)\ **Replies:** 4\ **Last updated:** [27 May 2025 06:48 UTC](https://forum.mentalhealthlaw.co.uk/t/repatriation-of-foreign-nationals-restricted-patients/2600 "2025-05-27T06:48:26Z")
Does anyone have any experience of the repatriation of foreign restricted patients? Have a failed asylum seeker wishing to return and despite the support of the MDT things are going nowhere. --- ## [Can s135 be used in a hotel?](https://forum.mentalhealthlaw.co.uk/t/can-s135-be-used-in-a-hotel/3679)
**Author:** [@MHLOThomas](https://forum.mentalhealthlaw.co.uk/u/MHLOThomas)\ **Replies:** 2\ **Last updated:** [25 May 2025 21:56 UTC](https://forum.mentalhealthlaw.co.uk/t/can-s135-be-used-in-a-hotel/3679 "2025-05-25T21:56:58Z")
Given that s136 can be used in a hotel room, it specifies in the s135 legislation “…(b)being unable to care for himself, is living alone in any such place”. Does this mean that s135 cannot be considered if a person is (t… --- ## [Medication imposed in community after discharge](https://forum.mentalhealthlaw.co.uk/t/medication-imposed-in-community-after-discharge/3630)
**Author:** [@Sarah2](https://forum.mentalhealthlaw.co.uk/u/Sarah2)\ **Replies:** 20\ **Last updated:** [24 May 2025 10:33 UTC](https://forum.mentalhealthlaw.co.uk/t/medication-imposed-in-community-after-discharge/3630 "2025-05-24T10:33:42Z")
Hi all, A patient was discharged from section 3 in 2018. The responsible clinician signed off on the section 23 discharge form ticking ‘The patient will be discharged from hospital/CTO on (date) //2018.’ The patient wa… --- ## [Dismissal of a Hospital (Mental Health Act) Panel Manager](https://forum.mentalhealthlaw.co.uk/t/dismissal-of-a-hospital-mental-health-act-panel-manager/3693)
**Author:** [@DonQuixote](https://forum.mentalhealthlaw.co.uk/u/DonQuixote)\ **Replies:** 2\ **Last updated:** [22 May 2025 21:25 UTC](https://forum.mentalhealthlaw.co.uk/t/dismissal-of-a-hospital-mental-health-act-panel-manager/3693 "2025-05-22T21:25:43Z")
In what circumstances can a Hospital Manager be dismissed? For example disagreement with other panel managers regarding decisions. How a panel is conducted in respect to ena ling. Involving the patient. Matters of leg… --- ## [Confusion over patient's legal status after restricted hospital order received from court but not from MOJ](https://forum.mentalhealthlaw.co.uk/t/confusion-over-patients-legal-status-after-restricted-hospital-order-received-from-court-but-not-from-moj/3692)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 2\ **Last updated:** [22 May 2025 13:17 UTC](https://forum.mentalhealthlaw.co.uk/t/confusion-over-patients-legal-status-after-restricted-hospital-order-received-from-court-but-not-from-moj/3692 "2025-05-22T13:17:30Z")
Hi On the 14/04/2025 we received a s37 hospital order dated 31/03/2025 - recommending restrictions under s41. We chased the MOJ for the warrant - the MOJ said they hadn’t received the paperwork from the court - we sent … --- ## [Clarification of dates on H5 renewal form](https://forum.mentalhealthlaw.co.uk/t/clarification-of-dates-on-h5-renewal-form/3639)
**Author:** [@Thomas.Ray](https://forum.mentalhealthlaw.co.uk/u/Thomas.Ray)\ **Replies:** 2\ **Last updated:** [17 May 2025 20:42 UTC](https://forum.mentalhealthlaw.co.uk/t/clarification-of-dates-on-h5-renewal-form/3639 "2025-05-17T20:42:57Z")
Hi all, I am very new in post as MHAA (in my first week) and was seeking some clarification around dates on H5 forms. For the field, “The patient is liable to be detained for a period ending on \[date authority for dete… --- ## [Timeframe for conveying to hospital after application made](https://forum.mentalhealthlaw.co.uk/t/timeframe-for-conveying-to-hospital-after-application-made/3632)
**Author:** [@metoo](https://forum.mentalhealthlaw.co.uk/u/metoo)\ **Replies:** 2\ **Last updated:** [13 May 2025 14:56 UTC](https://forum.mentalhealthlaw.co.uk/t/timeframe-for-conveying-to-hospital-after-application-made/3632 "2025-05-13T14:56:35Z")
Can someone please explain section 6(1)(a)? Application was founded on two med recs but bed was withdrawn, patient remained in community for a few days and then conveyed to hospital. is this lawful? --- ## [CQC approach to unlawful psychiatric detention](https://forum.mentalhealthlaw.co.uk/t/cqc-approach-to-unlawful-psychiatric-detention/3638)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 1\ **Last updated:** [9 May 2025 20:17 UTC](https://forum.mentalhealthlaw.co.uk/t/cqc-approach-to-unlawful-psychiatric-detention/3638 "2025-05-09T20:17:37Z")
Continuing the discussion from Queries about second unrestricted hospital order: I’ve never complained to the CQC about unlawful detention, for example if there’s a problem with the section papers, so wonder what appro… --- ## [Queries about second unrestricted hospital order](https://forum.mentalhealthlaw.co.uk/t/queries-about-second-unrestricted-hospital-order/3636)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 5\ **Last updated:** [9 May 2025 13:42 UTC](https://forum.mentalhealthlaw.co.uk/t/queries-about-second-unrestricted-hospital-order/3636 "2025-05-09T13:42:27Z")
Hello So we have a patient subject to s37 issued in Jan 2023, subsequently renewed by RC - no issues - until we all came to know very recently that the patient was issued another s37 dated July 2024 for a separate offen… --- ## [Definition of "hospital managers"](https://forum.mentalhealthlaw.co.uk/t/definition-of-hospital-managers/3612)
**Author:** [@GuyDavis](https://forum.mentalhealthlaw.co.uk/u/GuyDavis)\ **Replies:** 20\ **Last updated:** [8 May 2025 19:50 UTC](https://forum.mentalhealthlaw.co.uk/t/definition-of-hospital-managers/3612 "2025-05-08T19:50:14Z")
Continuing the discussion from How do we help our brother as a Nearest Relative?: Perhaps worth noting that in relation to the NR power of discharge, the page on that link acknowledges that “the term hospital managers i… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=4) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=6)