# Mental Health Act **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=6 [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:** 7 --- ## [Section 37/41 patient ending up on s47/49](https://forum.mentalhealthlaw.co.uk/t/section-37-41-patient-ending-up-on-s47-49/3281)
**Author:** [@JoDee](https://forum.mentalhealthlaw.co.uk/u/JoDee)\ **Replies:** 5\ **Last updated:** [5 May 2025 21:45 UTC](https://forum.mentalhealthlaw.co.uk/t/section-37-41-patient-ending-up-on-s47-49/3281 "2025-05-05T21:45:53Z")
On this topic, does it sound right that a patient absconds from a s. 37/41 is put in the health wing of a prison for 2 months, then transferred to a different hospital under a different section 47/49 while awaiting court… --- ## [Discharging a patient without the RC seeing them](https://forum.mentalhealthlaw.co.uk/t/discharging-a-patient-without-the-rc-seeing-them/3607)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 2\ **Last updated:** [2 May 2025 20:41 UTC](https://forum.mentalhealthlaw.co.uk/t/discharging-a-patient-without-the-rc-seeing-them/3607 "2025-05-02T20:41:06Z")
Hi If a patient is going on S17 leave for a period of weeks to see if the accommodation is right for them, the placement will apply for DOL’s, when in place the RC will discharge them from the S3. Does the RC have to p… --- ## [Representing two separate section 2 patients who are in dispute with each other](https://forum.mentalhealthlaw.co.uk/t/representing-two-separate-section-2-patients-who-are-in-dispute-with-each-other/3614)
**Author:** [@Balmullo](https://forum.mentalhealthlaw.co.uk/u/Balmullo)\ **Replies:** 2\ **Last updated:** [2 May 2025 15:42 UTC](https://forum.mentalhealthlaw.co.uk/t/representing-two-separate-section-2-patients-who-are-in-dispute-with-each-other/3614 "2025-05-02T15:42:22Z")
we have been asked to represent two section 2 patients in last couple of days, both previously unknown to the firm. They are at separate hospitals. It has today become clear that they are/were a couple currently embroi… --- ## [How do we help our brother as a Nearest Relative?](https://forum.mentalhealthlaw.co.uk/t/how-do-we-help-our-brother-as-a-nearest-relative/3596)
**Author:** [@Olu](https://forum.mentalhealthlaw.co.uk/u/Olu)\ **Replies:** 2\ **Last updated:** [29 April 2025 13:22 UTC](https://forum.mentalhealthlaw.co.uk/t/how-do-we-help-our-brother-as-a-nearest-relative/3596 "2025-04-29T13:22:04Z")
My brother’s mental health has been deteriorating for over a year, and he is now becoming paranoid. He lives alone after kicking out his girlfriend and kids. Despite numerous attempts by mental health professionals and t… --- ## [National Nightmares: s136(2A) and s136B time limits](https://forum.mentalhealthlaw.co.uk/t/national-nightmares-s136-2a-and-s136b-time-limits/3246)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 19\ **Last updated:** [1 March 2025 13:02 UTC](https://forum.mentalhealthlaw.co.uk/t/national-nightmares-s136-2a-and-s136b-time-limits/3246 "2025-03-01T13:02:47Z")
Cutting through thickets and a multitude of variations I discovered from real work - and confirmation from a ‘birdie’ - that S136 has become a basket of nightmares at S136 suites when there are NO BEDS! In many necks o… --- ## [Police detention clock -- arrest, s136, common law](https://forum.mentalhealthlaw.co.uk/t/police-detention-clock-arrest-s136-common-law/3608)
**Author:** [@IsItLegal](https://forum.mentalhealthlaw.co.uk/u/IsItLegal)\ **Replies:** 0\ **Last updated:** [25 April 2025 11:44 UTC](https://forum.mentalhealthlaw.co.uk/t/police-detention-clock-arrest-s136-common-law/3608 "2025-04-25T11:44:34Z")
I’m wondering if the patient is always told that the means of detention has changed from Sc 136 to common law AND how time spend on a trumped up charge thats subsequently dropped NFA affects the Sc136 time limit? I’m tr… --- ## [S.117 & "incapacity"](https://forum.mentalhealthlaw.co.uk/t/s-117-incapacity/3563)
**Author:** [@ZacSussex](https://forum.mentalhealthlaw.co.uk/u/ZacSussex)\ **Replies:** 4\ **Last updated:** [14 April 2025 19:28 UTC](https://forum.mentalhealthlaw.co.uk/t/s-117-incapacity/3563 "2025-04-14T19:28:30Z")
For practitioners acquainted with the decision in R(Afework) - have you ever had any experience with LAs/ICBs pushing back on providing S.117-funded accommodation because the patient doesn’t meet the third “condition” (b… --- ## [Section 117 responsibility when patient changes GP in hospital](https://forum.mentalhealthlaw.co.uk/t/section-117-responsibility-when-patient-changes-gp-in-hospital/3454)
**Author:** [@Shirley.brennan](https://forum.mentalhealthlaw.co.uk/u/Shirley.brennan)\ **Replies:** 2\ **Last updated:** [14 April 2025 17:38 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-responsibility-when-patient-changes-gp-in-hospital/3454 "2025-04-14T17:38:46Z")
Continuing the discussion from ICB commissioning responsibility for detained patients: I have only just joined and still unsure how or where to ask questions but this post is pertinent to the question I wish to ask if s… --- ## [Assessment under the MHA whilst under arrest](https://forum.mentalhealthlaw.co.uk/t/assessment-under-the-mha-whilst-under-arrest/3559)
**Author:** [@dan2023](https://forum.mentalhealthlaw.co.uk/u/dan2023)\ **Replies:** 1\ **Last updated:** [12 April 2025 10:15 UTC](https://forum.mentalhealthlaw.co.uk/t/assessment-under-the-mha-whilst-under-arrest/3559 "2025-04-12T10:15:09Z")
Can someone be assessed under the Mental Health Act whilst under arrest or do they need to be de-arrested first and/or put on a S136? Also, can they be arrested and brought to A&E for assessment whilst still under arrest… --- ## [Section 47/49 female lifer still detained 2 years after winning tribunal -- what type of solicitor needed?](https://forum.mentalhealthlaw.co.uk/t/section-47-49-female-lifer-still-detained-2-years-after-winning-tribunal-what-type-of-solicitor-needed/3432)
**Author:** [@tb1000892](https://forum.mentalhealthlaw.co.uk/u/tb1000892)\ **Replies:** 4\ **Last updated:** [9 April 2025 15:20 UTC](https://forum.mentalhealthlaw.co.uk/t/section-47-49-female-lifer-still-detained-2-years-after-winning-tribunal-what-type-of-solicitor-needed/3432 "2025-04-09T15:20:44Z")
Hello. I am looking for some advice. As a female life sentanced prisoner 6 years over tariff i am currently in a low secure hospital awaiting discharge. I have no parole date yet and have been told i am not entitled to a… --- ## [Does RC cover out of hours have to be provided by someone AC-approved?](https://forum.mentalhealthlaw.co.uk/t/does-rc-cover-out-of-hours-have-to-be-provided-by-someone-ac-approved/3552)
**Author:** [@Anon22](https://forum.mentalhealthlaw.co.uk/u/Anon22)\ **Replies:** 2\ **Last updated:** [8 April 2025 18:05 UTC](https://forum.mentalhealthlaw.co.uk/t/does-rc-cover-out-of-hours-have-to-be-provided-by-someone-ac-approved/3552 "2025-04-08T18:05:07Z")
Does anyone know if is it a legal requirement that on call cover is provided by someone AC-approved? (independent hospital, no acute wards) --- ## [Trust delaying access to records for weeks despite client authority and tribunal directions](https://forum.mentalhealthlaw.co.uk/t/trust-delaying-access-to-records-for-weeks-despite-client-authority-and-tribunal-directions/3521)
**Author:** [@Andy\_Howarth\_2](https://forum.mentalhealthlaw.co.uk/u/Andy_Howarth_2)\ **Replies:** 2\ **Last updated:** [8 April 2025 13:21 UTC](https://forum.mentalhealthlaw.co.uk/t/trust-delaying-access-to-records-for-weeks-despite-client-authority-and-tribunal-directions/3521 "2025-04-08T13:21:44Z")
My local Trust is making it increasingly difficult to get access to clients’ notes. Last week I had to represent a s3 client at his Tribunal without having seen his notes at all. I sent the MHAA my client’s signed auth… --- ## [Typo at S.72(1)(b) MHA 1983](https://forum.mentalhealthlaw.co.uk/t/typo-at-s-72-1-b-mha-1983/3544)
**Author:** [@ZacSussex](https://forum.mentalhealthlaw.co.uk/u/ZacSussex)\ **Replies:** 1\ **Last updated:** [7 April 2025 17:38 UTC](https://forum.mentalhealthlaw.co.uk/t/typo-at-s-72-1-b-mha-1983/3544 "2025-04-07T17:38:32Z")
I’m sure I’m not the only one that’s noticed the minor grammatical error in s.72(1)(b)(ii): that it is necessary for the health of safety of the patient or for the protection of other persons that he should receive suc… --- ## [Section 117 aftercare and how funding is assessed -- is the default a 50/50 split?](https://forum.mentalhealthlaw.co.uk/t/section-117-aftercare-and-how-funding-is-assessed-is-the-default-a-50-50-split/3492)
**Author:** [@ma068357](https://forum.mentalhealthlaw.co.uk/u/ma068357)\ **Replies:** 2\ **Last updated:** [7 April 2025 16:05 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-aftercare-and-how-funding-is-assessed-is-the-default-a-50-50-split/3492 "2025-04-07T16:05:32Z")
Good morning, Has anyone ever heard of a rule/law/caselaw that states that the default position on funding for a section 117 patient is default to 50% 50% please? I do not see the point of assessments if this is the cas… --- ## [Is patient on s3 following CTO5 revocation?](https://forum.mentalhealthlaw.co.uk/t/is-patient-on-s3-following-cto5-revocation/3543)
**Author:** [@S4mathew](https://forum.mentalhealthlaw.co.uk/u/S4mathew)\ **Replies:** 1\ **Last updated:** [5 April 2025 16:53 UTC](https://forum.mentalhealthlaw.co.uk/t/is-patient-on-s3-following-cto5-revocation/3543 "2025-04-05T16:53:29Z")
hi we have a patient admitted on CTO recall. CTO 5 has been made to revoke the CTO and but my doubt is about the status of the patient. both recommendation and AMHP report says that he need to be detained. one of my co… --- ## [Independent neuropsychiatric report writer needed](https://forum.mentalhealthlaw.co.uk/t/independent-neuropsychiatric-report-writer-needed/3528)
**Author:** [@Cheryl](https://forum.mentalhealthlaw.co.uk/u/Cheryl)\ **Replies:** 0\ **Last updated:** [2 April 2025 14:46 UTC](https://forum.mentalhealthlaw.co.uk/t/independent-neuropsychiatric-report-writer-needed/3528 "2025-04-02T14:46:56Z")
I am struggling to find a neuropsychiatrist to complete an independent report for a client detained in Norwich. Can anyone recommend/suggest anyone? --- ## [Discharged from CTO and don't want to be subject to s117](https://forum.mentalhealthlaw.co.uk/t/discharged-from-cto-and-dont-want-to-be-subject-to-s117/3502)
**Author:** [@1964](https://forum.mentalhealthlaw.co.uk/u/1964)\ **Replies:** 7\ **Last updated:** [30 March 2025 12:36 UTC](https://forum.mentalhealthlaw.co.uk/t/discharged-from-cto-and-dont-want-to-be-subject-to-s117/3502 "2025-03-30T12:36:09Z")
I was released from hospital several years ago…and placed on a CTO… being kept on it because MHT members put into legal documents that I had criminal convictions for various crimes,for which is not true…I continuously c… --- ## [Who should write medical reports for Hospital Managers Hearings?](https://forum.mentalhealthlaw.co.uk/t/who-should-write-medical-reports-for-hospital-managers-hearings/3506)
**Author:** [@MoiraG](https://forum.mentalhealthlaw.co.uk/u/MoiraG)\ **Replies:** 6\ **Last updated:** [1 April 2025 15:23 UTC](https://forum.mentalhealthlaw.co.uk/t/who-should-write-medical-reports-for-hospital-managers-hearings/3506 "2025-04-01T15:23:50Z")
Should medical reports to Hospital Managers Panels always be completed by the R.C. or is it acceptable for someone else to put forward a report instead? --- ## [Does s3 end when patient has been AWOL for six weeks?](https://forum.mentalhealthlaw.co.uk/t/does-s3-end-when-patient-has-been-awol-for-six-weeks/3511)
**Author:** [@Bear76](https://forum.mentalhealthlaw.co.uk/u/Bear76)\ **Replies:** 1\ **Last updated:** [31 March 2025 14:32 UTC](https://forum.mentalhealthlaw.co.uk/t/does-s3-end-when-patient-has-been-awol-for-six-weeks/3511 "2025-03-31T14:32:14Z")
If someone is on a section 3 can the section be rescinded if the person has been AWOL for 6 weeks even though the section 3 has not expired and the person is still not well? Im being told that according to The Mental H… --- ## [Returning AWOL on s5(2)](https://forum.mentalhealthlaw.co.uk/t/returning-awol-on-s5-2/3514)
**Author:** [@anonymous63](https://forum.mentalhealthlaw.co.uk/u/anonymous63)\ **Replies:** 0\ **Last updated:** [29 March 2025 23:28 UTC](https://forum.mentalhealthlaw.co.uk/t/returning-awol-on-s5-2/3514 "2025-03-29T23:28:16Z")
If someone who is subject to detention under S5(2) absconds from hospital and is deemed as AWOL (s18), and they are found in a private dwelling (their home), what are the powers for removal. My thoughts are that to take… --- ## [How do NR discharge requests work, in particular the 72-hour period?](https://forum.mentalhealthlaw.co.uk/t/how-do-nr-discharge-requests-work-in-particular-the-72-hour-period/3496)
**Author:** [@anonymous59](https://forum.mentalhealthlaw.co.uk/u/anonymous59)\ **Replies:** 1\ **Last updated:** [26 March 2025 21:40 UTC](https://forum.mentalhealthlaw.co.uk/t/how-do-nr-discharge-requests-work-in-particular-the-72-hour-period/3496 "2025-03-26T21:40:52Z")
I am trying to understand this: NR relative can give an order / request for the discharge of patient to the hospital managers no less than 3 days - but if this notice has been given within 3 days; then the RC can ‘furni… --- ## [RC never informed nearest relative of barring report](https://forum.mentalhealthlaw.co.uk/t/rc-never-informed-nearest-relative-of-barring-report/3488)
**Author:** [@osands](https://forum.mentalhealthlaw.co.uk/u/osands)\ **Replies:** 3\ **Last updated:** [26 March 2025 18:24 UTC](https://forum.mentalhealthlaw.co.uk/t/rc-never-informed-nearest-relative-of-barring-report/3488 "2025-03-26T18:24:38Z")
Hello, I am currently under section 3 of the mental health act and I would like help understanding this. My NR filed an NR appeal and it got barred however, the social worker verbally told my NR that it was barred. My ne… --- ## [Repatriation of patient detained in the Netherlands back to the UK](https://forum.mentalhealthlaw.co.uk/t/repatriation-of-patient-detained-in-the-netherlands-back-to-the-uk/3483)
**Author:** [@SRobs](https://forum.mentalhealthlaw.co.uk/u/SRobs)\ **Replies:** 0\ **Last updated:** [21 March 2025 12:23 UTC](https://forum.mentalhealthlaw.co.uk/t/repatriation-of-patient-detained-in-the-netherlands-back-to-the-uk/3483 "2025-03-21T12:23:05Z")
Does anyone have any experience in the repatriation of a patient who is currently detained under Dutch MH Law back to the UK. Any advice would be much appreciated. Thank you --- ## [Equality of Arms or Equality of Risk? Ethical Tensions in Forensic Patient Discharge Decisions](https://forum.mentalhealthlaw.co.uk/t/equality-of-arms-or-equality-of-risk-ethical-tensions-in-forensic-patient-discharge-decisions/3479)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 0\ **Last updated:** [18 March 2025 14:34 UTC](https://forum.mentalhealthlaw.co.uk/t/equality-of-arms-or-equality-of-risk-ethical-tensions-in-forensic-patient-discharge-decisions/3479 "2025-03-18T14:34:20Z")
Perhaps the OO case needs discussion from separate perspectives: clinical and risk evaluation. I am fully aware that the UTT was seized of a legal issue stated as “This case is about the issue of “equality of arms” in te… --- ## [Two concurrent s37/41 hospital orders](https://forum.mentalhealthlaw.co.uk/t/two-concurrent-s37-41-hospital-orders/3473)
**Author:** [@Amy](https://forum.mentalhealthlaw.co.uk/u/Amy)\ **Replies:** 1\ **Last updated:** [17 March 2025 14:08 UTC](https://forum.mentalhealthlaw.co.uk/t/two-concurrent-s37-41-hospital-orders/3473 "2025-03-17T14:08:55Z")
We have a client who is now subject to two S.37/41 orders - one made in 1997 and a further one made in 2024 for a different offence committed in 2022 for which he was found guilty for recently. How does this work legally… --- ## [Essential Reading: The latest CQC report on the Mental Health Act (15/03/2025)](https://forum.mentalhealthlaw.co.uk/t/essential-reading-the-latest-cqc-report-on-the-mental-health-act-15-03-2025/3475)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 0\ **Last updated:** [17 March 2025 14:12 UTC](https://forum.mentalhealthlaw.co.uk/t/essential-reading-the-latest-cqc-report-on-the-mental-health-act-15-03-2025/3475 "2025-03-17T14:12:53Z")
Hot off the press is the CQC, ‘Monitoring the Mental Health Act in 2023/24’ (15 March 2025) - Mental Health Law Online. If you have 20 or more hours to spare reading all of it please go right ahead. Alternatively - if li… --- ## [Rough sleeping and ordinary residence](https://forum.mentalhealthlaw.co.uk/t/rough-sleeping-and-ordinary-residence/3455)
**Author:** [@martcol](https://forum.mentalhealthlaw.co.uk/u/martcol)\ **Replies:** 1\ **Last updated:** [13 March 2025 22:29 UTC](https://forum.mentalhealthlaw.co.uk/t/rough-sleeping-and-ordinary-residence/3455 "2025-03-13T22:29:57Z")
Preparing for discharge for a person who comes from a different area and wants to return there. It appears that LA is refusing to accept S117 responsibility because at the time of arrest, the individual was “rough sleep… --- ## [Point system for s117 eligibility?](https://forum.mentalhealthlaw.co.uk/t/point-system-for-s117-eligibility/3456)
**Author:** [@wendy2](https://forum.mentalhealthlaw.co.uk/u/wendy2)\ **Replies:** 1\ **Last updated:** [13 March 2025 22:24 UTC](https://forum.mentalhealthlaw.co.uk/t/point-system-for-s117-eligibility/3456 "2025-03-13T22:24:38Z")
Ive had a new one today where a dementia patient was placed on s2, then s3 due to levels of aggression. She is still on 1:1 but the hospital have said that they have done all they can for her and she needs to be transfer… --- ## [ICB commissioning responsibility for detained patients](https://forum.mentalhealthlaw.co.uk/t/icb-commissioning-responsibility-for-detained-patients/1465)
**Author:** [@Richard\_Rook](https://forum.mentalhealthlaw.co.uk/u/Richard_Rook)\ **Replies:** 1\ **Last updated:** [2 February 2023 09:43 UTC](https://forum.mentalhealthlaw.co.uk/t/icb-commissioning-responsibility-for-detained-patients/1465 "2023-02-02T09:43:14Z")
Does anyone understand the bits of the National Health Service (Integrated Care Boards: Responsibilities) Regulations 2022 which changed the rules for who is responsible for commissioning hospital places an s117 aftercar… --- ## [Section 47/49 lifer with no tariff](https://forum.mentalhealthlaw.co.uk/t/section-47-49-lifer-with-no-tariff/2618)
**Author:** [@anonymous46](https://forum.mentalhealthlaw.co.uk/u/anonymous46)\ **Replies:** 4\ **Last updated:** [12 March 2025 12:35 UTC](https://forum.mentalhealthlaw.co.uk/t/section-47-49-lifer-with-no-tariff/2618 "2025-03-12T12:35:52Z")
I have a client who has been detained in hospital since 1981 under ss47/49 having been convicted of attempted murder and given a life sentence in 1979. There is no minimum tariff noted on the hospital transfer direction… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=5) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=7)