# Mental Health Act **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=7 [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:** 8 --- ## [Section 48/49 patient bailed -- when to treat as informal patient?](https://forum.mentalhealthlaw.co.uk/t/section-48-49-patient-bailed-when-to-treat-as-informal-patient/3431)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 1\ **Last updated:** [11 March 2025 13:39 UTC](https://forum.mentalhealthlaw.co.uk/t/section-48-49-patient-bailed-when-to-treat-as-informal-patient/3431 "2025-03-11T13:39:48Z")
Hi Patient subject to s48/49 had a court hearing in connection with the offences that led to the above order. The judge stated that the patient is no longer on remand and can stay in hospital on a voluntary basis but h… --- ## [Missing examination date in joint medical recommendation](https://forum.mentalhealthlaw.co.uk/t/missing-examination-date-in-joint-medical-recommendation/3394)
**Author:** [@MariaO](https://forum.mentalhealthlaw.co.uk/u/MariaO)\ **Replies:** 2\ **Last updated:** [9 March 2025 17:06 UTC](https://forum.mentalhealthlaw.co.uk/t/missing-examination-date-in-joint-medical-recommendation/3394 "2025-03-09T17:06:33Z")
Hi All, I need your expert advice. On a joint medical recommendation for Section 2, one of the doctors did not include the date of examination on the form. Does this error make the joint medical recommendation invalid? … --- ## [Cases where patients have appealed their discharge from s117 aftercare](https://forum.mentalhealthlaw.co.uk/t/cases-where-patients-have-appealed-their-discharge-from-s117-aftercare/3174)
**Author:** [@JadieH](https://forum.mentalhealthlaw.co.uk/u/JadieH)\ **Replies:** 6\ **Last updated:** [8 March 2025 23:06 UTC](https://forum.mentalhealthlaw.co.uk/t/cases-where-patients-have-appealed-their-discharge-from-s117-aftercare/3174 "2025-03-08T23:06:28Z")
Hello, anyone aware of any cases where patients have appealed or disputed their discharge from S117 aftercare? Thanks :slight\_smile: --- ## [Patient's return to hospital after unsuccessful discharge from s2](https://forum.mentalhealthlaw.co.uk/t/patients-return-to-hospital-after-unsuccessful-discharge-from-s2/3321)
**Author:** [@Daisy2019](https://forum.mentalhealthlaw.co.uk/u/Daisy2019)\ **Replies:** 2\ **Last updated:** [8 March 2025 15:07 UTC](https://forum.mentalhealthlaw.co.uk/t/patients-return-to-hospital-after-unsuccessful-discharge-from-s2/3321 "2025-03-08T15:07:25Z")
Hi i wanted to ask what is the time frame that a failed discharge option can be used for P to go back in hospital back on s2 that P was discharged from. And who can do this admission back in. Can the P do themselves or c… --- ## [MHA responsibility after Section 3 invalid and OOA](https://forum.mentalhealthlaw.co.uk/t/mha-responsibility-after-section-3-invalid-and-ooa/3409)
**Author:** [@son\_peach](https://forum.mentalhealthlaw.co.uk/u/son_peach)\ **Replies:** 2\ **Last updated:** [7 March 2025 21:01 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-responsibility-after-section-3-invalid-and-ooa/3409 "2025-03-07T21:01:20Z")
Scenario - patient in secure care transferred from Place A to Place B whilst under Section 3. Place A did the initial MHAA for S2 and S3 and is ordinarily resident there. Whilst in Place B renewal of Section 3 completed… --- ## [Rescinding medical recommendations?](https://forum.mentalhealthlaw.co.uk/t/rescinding-medical-recommendations/3388)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 4\ **Last updated:** [6 March 2025 22:05 UTC](https://forum.mentalhealthlaw.co.uk/t/rescinding-medical-recommendations/3388 "2025-03-06T22:05:00Z")
I’ve been asked to rescind medical recommendations. I refused point blank. The scenario: Patient in S136 suite brought in on a S135. The 24 hour limit was breached days ago. Two med recs say P should be admitted to a … --- ## [Deadline for admission after s2 recommendation](https://forum.mentalhealthlaw.co.uk/t/deadline-for-admission-after-s2-recommendation/3390)
**Author:** [@Advocacy](https://forum.mentalhealthlaw.co.uk/u/Advocacy)\ **Replies:** 5\ **Last updated:** [5 March 2025 09:19 UTC](https://forum.mentalhealthlaw.co.uk/t/deadline-for-admission-after-s2-recommendation/3390 "2025-03-05T09:19:51Z")
P was placed on s2 in community waiting for a bed. Over a week later still no bed. Are there any timescales to either be admitted or the s2 removed. Thank you --- ## [MHA terminology - help! Registered medical practitioner, AC and RC](https://forum.mentalhealthlaw.co.uk/t/mha-terminology-help-registered-medical-practitioner-ac-and-rc/3337)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 5\ **Last updated:** [27 February 2025 21:15 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-terminology-help-registered-medical-practitioner-ac-and-rc/3337 "2025-02-27T21:15:14Z")
I don’t often have to wrestle this much with terminology in the MHA 1983(Amended 2007). However, I’m writing up something for patients and relatives to help them understand a few things. So I’m trying to be as accurate a… --- ## [Ambulance removing someone from their property under MCA for psychiatric assessment](https://forum.mentalhealthlaw.co.uk/t/ambulance-removing-someone-from-their-property-under-mca-for-psychiatric-assessment/2735)
**Author:** [@anon365](https://forum.mentalhealthlaw.co.uk/u/anon365)\ **Replies:** 9\ **Last updated:** [27 February 2025 16:28 UTC](https://forum.mentalhealthlaw.co.uk/t/ambulance-removing-someone-from-their-property-under-mca-for-psychiatric-assessment/2735 "2025-02-27T16:28:37Z")
Hello, I am posting anonymously for this post. I am an AMHP, but this is about a situation where I was a patient, hence why I am posting anonymously. I have Bipolar Disorder and at the beginning of the year I became unw… --- ## [Section 47/49 Absconder](https://forum.mentalhealthlaw.co.uk/t/section-47-49-absconder/3347)
**Author:** [@MentalHealthCop](https://forum.mentalhealthlaw.co.uk/u/MentalHealthCop)\ **Replies:** 2\ **Last updated:** [27 February 2025 16:27 UTC](https://forum.mentalhealthlaw.co.uk/t/section-47-49-absconder/3347 "2025-02-27T16:27:27Z")
I’d previously never given thought to the idea a s47/49 patient, transferred from prison after being convicted for an offence and imprisoned for it, would then be granted authorised leave from hospital. In my hypothetic… --- ## [NR wants to delegate her role but there is no-one to delegate it to](https://forum.mentalhealthlaw.co.uk/t/nr-wants-to-delegate-her-role-but-there-is-no-one-to-delegate-it-to/3333)
**Author:** [@Joanna](https://forum.mentalhealthlaw.co.uk/u/Joanna)\ **Replies:** 4\ **Last updated:** [25 February 2025 09:13 UTC](https://forum.mentalhealthlaw.co.uk/t/nr-wants-to-delegate-her-role-but-there-is-no-one-to-delegate-it-to/3333 "2025-02-25T09:13:35Z")
NR wants to delegate her role but there is no-one to delegate it to (no family and friends). Do we as the AMHP service apply to the county court to become NR? The patients has capacity regarding this decision and cold … --- ## [Appropriate treatment for EUPD](https://forum.mentalhealthlaw.co.uk/t/appropriate-treatment-for-eupd/3317)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 5\ **Last updated:** [24 February 2025 09:03 UTC](https://forum.mentalhealthlaw.co.uk/t/appropriate-treatment-for-eupd/3317 "2025-02-24T09:03:05Z")
I can tell everyone that over the last 5 years across the length and breadth of the UK (not Scotland but not excluding Northern Ireland) the following is my honest experience: There is a rapid rise in EUPD diagnoses co… --- ## [Section 5(2) doctor's holding powers and seclusion](https://forum.mentalhealthlaw.co.uk/t/section-5-2-doctors-holding-powers-and-seclusion/3282)
**Author:** [@metoo](https://forum.mentalhealthlaw.co.uk/u/metoo)\ **Replies:** 4\ **Last updated:** [22 February 2025 13:19 UTC](https://forum.mentalhealthlaw.co.uk/t/section-5-2-doctors-holding-powers-and-seclusion/3282 "2025-02-22T13:19:17Z")
If a patient is subject to s.5(2) can they be placed in seclusion? if so where is the authority for that please? --- ## [Which patients can be granted s17 leave?](https://forum.mentalhealthlaw.co.uk/t/which-patients-can-be-granted-s17-leave/3300)
**Author:** [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\ **Replies:** 3\ **Last updated:** [22 February 2025 01:31 UTC](https://forum.mentalhealthlaw.co.uk/t/which-patients-can-be-granted-s17-leave/3300 "2025-02-22T01:31:31Z")
Yuh know - over the years I have simply accepted what I have been told. Not good. I looked deeply into the MHA 1983(Amended 2007), MHACOP, MHA Reference Guide to find out if S17(3) leave was prohibited for: S4 S5(4) S… --- ## [Tribunal appeals surviving change of section](https://forum.mentalhealthlaw.co.uk/t/tribunal-appeals-surviving-change-of-section/3299)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 2\ **Last updated:** [20 February 2025 17:38 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-appeals-surviving-change-of-section/3299 "2025-02-20T17:38:55Z")
There is a general rule which has been established by case law but I can’t remember it and am rather pushed for time. I think that an application made when client is unrestricted survives if they are given a restriction… --- ## [Patient locks self in a room to prevent conveyance - how to proceed?](https://forum.mentalhealthlaw.co.uk/t/patient-locks-self-in-a-room-to-prevent-conveyance-how-to-proceed/3295)
**Author:** [@sjlbruce](https://forum.mentalhealthlaw.co.uk/u/sjlbruce)\ **Replies:** 2\ **Last updated:** [19 February 2025 14:15 UTC](https://forum.mentalhealthlaw.co.uk/t/patient-locks-self-in-a-room-to-prevent-conveyance-how-to-proceed/3295 "2025-02-19T14:15:14Z")
Hi - just a hypothetical scenario. MHAA takes place at home. 2 med recs completed and the AMHP makes their application. The AMHP has never left the home so gaining entry to the property is not a barrier. The patient, le… --- ## [AWOL or Missing (Liable to be detained)](https://forum.mentalhealthlaw.co.uk/t/awol-or-missing-liable-to-be-detained/3270)
**Author:** [@MHLOThomas](https://forum.mentalhealthlaw.co.uk/u/MHLOThomas)\ **Replies:** 5\ **Last updated:** [17 February 2025 12:41 UTC](https://forum.mentalhealthlaw.co.uk/t/awol-or-missing-liable-to-be-detained/3270 "2025-02-17T12:41:55Z")
The scenario is this - patient assessed at home by AMHP and ambulance are there ready to convey. The person does not want to go to hospital and runs off. An application has already been made to a named bed and as such th… --- ## [Does a S47/49 work in the same way as a S3 in terms of 117 aftercare following the Worcestershire ruling?](https://forum.mentalhealthlaw.co.uk/t/does-a-s47-49-work-in-the-same-way-as-a-s3-in-terms-of-117-aftercare-following-the-worcestershire-ruling/3256)
**Author:** [@STEPC](https://forum.mentalhealthlaw.co.uk/u/STEPC)\ **Replies:** 1\ **Last updated:** [12 February 2025 16:53 UTC](https://forum.mentalhealthlaw.co.uk/t/does-a-s47-49-work-in-the-same-way-as-a-s3-in-terms-of-117-aftercare-following-the-worcestershire-ruling/3256 "2025-02-12T16:53:01Z")
Hi all. Just wondering - Does a S47/49 work in the same way as a S3 in terms of 117 aftercare following the Worcestershire ruling? As in would the most recent S47/49 (and a change of Ordinary residence) mean that the S1… --- ## [How do the courts decide on diminished responsibility?](https://forum.mentalhealthlaw.co.uk/t/how-do-the-courts-decide-on-diminished-responsibility/3266)
**Author:** [@Herystote](https://forum.mentalhealthlaw.co.uk/u/Herystote)\ **Replies:** 0\ **Last updated:** [12 February 2025 19:29 UTC](https://forum.mentalhealthlaw.co.uk/t/how-do-the-courts-decide-on-diminished-responsibility/3266 "2025-02-12T19:29:48Z")
Continuing the discussion from Case (Appeal against murder conviction). R v Ansell \[2024\] EWCA Crim 1669: I find this interesting. What type of evaluation process do the courts undergo to formulate a judgement on wheth… --- ## [Article on the Mental Health Bill](https://forum.mentalhealthlaw.co.uk/t/article-on-the-mental-health-bill/3213)
**Author:** [@medicolegal](https://forum.mentalhealthlaw.co.uk/u/medicolegal)\ **Replies:** 9\ **Last updated:** [6 February 2025 22:33 UTC](https://forum.mentalhealthlaw.co.uk/t/article-on-the-mental-health-bill/3213 "2025-02-06T22:33:46Z")
I am posting this article on the Bill in case it is of interest to anyone: --- ## [The CQC's MHA Reviewers](https://forum.mentalhealthlaw.co.uk/t/the-cqcs-mha-reviewers/3231)
**Author:** [@mat\_kinton](https://forum.mentalhealthlaw.co.uk/u/mat_kinton)\ **Replies:** 8\ **Last updated:** [6 February 2025 18:24 UTC](https://forum.mentalhealthlaw.co.uk/t/the-cqcs-mha-reviewers/3231 "2025-02-06T18:24:10Z")
Continuing the discussion from Article on the Mental Health Bill: Thanks for posting Anselm. I’ve no authority to speak officially for CQC, but as a point of fact there are four mental health lawyers amongst roughly 35 … --- ## [Commencement date of s37 detention following transfer from Scotland](https://forum.mentalhealthlaw.co.uk/t/commencement-date-of-s37-detention-following-transfer-from-scotland/3204)
**Author:** [@Bloodyromans](https://forum.mentalhealthlaw.co.uk/u/Bloodyromans)\ **Replies:** 2\ **Last updated:** [5 February 2025 12:18 UTC](https://forum.mentalhealthlaw.co.uk/t/commencement-date-of-s37-detention-following-transfer-from-scotland/3204 "2025-02-05T12:18:14Z")
I have a client who back in April 2024 was made subject to the Scottish Section 37. In November 2024 she was transferred to a hospital in England and is now subject to the English Section 37. She wants to appeal For t… --- ## [Payment for staffed accommodation under s117](https://forum.mentalhealthlaw.co.uk/t/payment-for-staffed-accommodation-under-s117/3199)
**Author:** [@Andy\_Howarth\_2](https://forum.mentalhealthlaw.co.uk/u/Andy_Howarth_2)\ **Replies:** 8\ **Last updated:** [4 February 2025 21:02 UTC](https://forum.mentalhealthlaw.co.uk/t/payment-for-staffed-accommodation-under-s117/3199 "2025-02-04T21:02:50Z")
I’m advising a client who is in supported accommodation with staff on site. My understanding was that the supported accommodation was provided under s117. The rent has for years been paid by Housing Benefit, as is quite… --- ## [Wondering why RC does not want to discharge patient from s2](https://forum.mentalhealthlaw.co.uk/t/wondering-why-rc-does-not-want-to-discharge-patient-from-s2/3197)
**Author:** [@Khairin](https://forum.mentalhealthlaw.co.uk/u/Khairin)\ **Replies:** 5\ **Last updated:** [4 February 2025 18:37 UTC](https://forum.mentalhealthlaw.co.uk/t/wondering-why-rc-does-not-want-to-discharge-patient-from-s2/3197 "2025-02-04T18:37:58Z")
Hi, I’m hoping some light could be shed onto this topic! I know an rc who not discharging a patient due to him posing a danger to others when he was admitted but since then has completely resided in symptoms and shows … --- ## [s17 leave where the patient does not want to go](https://forum.mentalhealthlaw.co.uk/t/s17-leave-where-the-patient-does-not-want-to-go/3177)
**Author:** [@Ella1](https://forum.mentalhealthlaw.co.uk/u/Ella1)\ **Replies:** 8\ **Last updated:** [30 January 2025 06:16 UTC](https://forum.mentalhealthlaw.co.uk/t/s17-leave-where-the-patient-does-not-want-to-go/3177 "2025-01-30T06:16:46Z")
Hi all, can someone be sent out on s17 leave against their will, and can it authorise any restraint needed to get them from A to B? Many thanks for any thoughts. --- ## [AMHP case study question -- s2 being considered, NR is abusive](https://forum.mentalhealthlaw.co.uk/t/amhp-case-study-question-s2-being-considered-nr-is-abusive/3087)
**Author:** [@Amira29Ak](https://forum.mentalhealthlaw.co.uk/u/Amira29Ak)\ **Replies:** 8\ **Last updated:** [26 January 2025 19:33 UTC](https://forum.mentalhealthlaw.co.uk/t/amhp-case-study-question-s2-being-considered-nr-is-abusive/3087 "2025-01-26T19:33:35Z")
New trainee AMHP here. I am reviewing a case study where the patient is objecting to go to hospital and the nearest relative is abusive. What case law can be applied here and what barriers could be expected? They will be… --- ## [Section 117/restricted FTT -- no LA will take responsibility](https://forum.mentalhealthlaw.co.uk/t/section-117-restricted-ftt-no-la-will-take-responsibility/3136)
**Author:** [@Lawyermentalhealth](https://forum.mentalhealthlaw.co.uk/u/Lawyermentalhealth)\ **Replies:** 9\ **Last updated:** [23 January 2025 18:06 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-restricted-ftt-no-la-will-take-responsibility/3136 "2025-01-23T18:06:25Z")
I have a s37/41 client due a FTT imminently. His team believe he is ready for a conditional discharge however there are s117 issues - no one wishes to take responsibility in providing aftercare. He is placed in an out of… --- ## [Representation at Managers Hearings for patients who lack capacity](https://forum.mentalhealthlaw.co.uk/t/representation-at-managers-hearings-for-patients-who-lack-capacity/3129)
**Author:** [@angec](https://forum.mentalhealthlaw.co.uk/u/angec)\ **Replies:** 6\ **Last updated:** [22 January 2025 12:49 UTC](https://forum.mentalhealthlaw.co.uk/t/representation-at-managers-hearings-for-patients-who-lack-capacity/3129 "2025-01-22T12:49:01Z")
I’ve been asked to represent a patient at his upcoming s37 Managers renewal hearing by the mental health act administrator at the hospital. The client lacks capacity to provide instructions and does not want to meet wit… --- ## [AMHP and doctor decide not to go ahead with section 3 without consulting NR](https://forum.mentalhealthlaw.co.uk/t/amhp-and-doctor-decide-not-to-go-ahead-with-section-3-without-consulting-nr/3123)
**Author:** [@jacksj65](https://forum.mentalhealthlaw.co.uk/u/jacksj65)\ **Replies:** 3\ **Last updated:** [21 January 2025 14:10 UTC](https://forum.mentalhealthlaw.co.uk/t/amhp-and-doctor-decide-not-to-go-ahead-with-section-3-without-consulting-nr/3123 "2025-01-21T14:10:39Z")
Our son is psychotic. On Friday his EIT person told us he needed at least weeks more in detention. He was clearly psychotic over the weekend. Our son is 20 years old. I am his NR. We believed he had been made subject to… --- ## [Searching post MHA assessment](https://forum.mentalhealthlaw.co.uk/t/searching-post-mha-assessment/3111)
**Author:** [@MentalHealthCop](https://forum.mentalhealthlaw.co.uk/u/MentalHealthCop)\ **Replies:** 5\ **Last updated:** [21 January 2025 11:03 UTC](https://forum.mentalhealthlaw.co.uk/t/searching-post-mha-assessment/3111 "2025-01-21T11:03:32Z")
A former officer who now works in NHS security posed me a question which I haven’t had to think about before because it’s not a “police” question - What power exists to search someone, thought to be in possession of som… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=6) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=8)