# Mental Health Act **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=8 [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:** 9 --- ## [Arrest of sectioned patient](https://forum.mentalhealthlaw.co.uk/t/arrest-of-sectioned-patient/2115)
**Author:** [@Taylor](https://forum.mentalhealthlaw.co.uk/u/Taylor)\ **Replies:** 9\ **Last updated:** [20 January 2025 11:07 UTC](https://forum.mentalhealthlaw.co.uk/t/arrest-of-sectioned-patient/2115 "2025-01-20T11:07:18Z")
Can a patient under section 2 or 3 be arrested. I am aware a patient can be criminally prosecuted for a offence committed on section if they had criminal capacity at time of offence. But for example if the police were … --- ## [Should CTO12 signatory have done the assessment?](https://forum.mentalhealthlaw.co.uk/t/should-cto12-signatory-have-done-the-assessment/3013)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 1\ **Last updated:** [10 January 2025 00:04 UTC](https://forum.mentalhealthlaw.co.uk/t/should-cto12-signatory-have-done-the-assessment/3013 "2025-01-10T00:04:05Z")
There is another thing that is bothering me. ST6 doctors for example doing the legwork/assessments for treatment certificates so that the RC can then complete/certify consent on a CTO12 - and as the treatment forms qui… --- ## [Inpatient ward without RC](https://forum.mentalhealthlaw.co.uk/t/inpatient-ward-without-rc/3075)
**Author:** [@RS0](https://forum.mentalhealthlaw.co.uk/u/RS0)\ **Replies:** 7\ **Last updated:** [10 January 2025 00:11 UTC](https://forum.mentalhealthlaw.co.uk/t/inpatient-ward-without-rc/3075 "2025-01-10T00:11:28Z")
Dear all, I’m wondering who will assume responsibility as RC for an inpatient ward within a hospital, when there is no RC? Does it automatically fall onto the Medical Director by default? Can a Hospital Manager allocate… --- ## [CTO revocation and subsequent tribunal references](https://forum.mentalhealthlaw.co.uk/t/cto-revocation-and-subsequent-tribunal-references/3088)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 3\ **Last updated:** [9 January 2025 16:39 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-revocation-and-subsequent-tribunal-references/3088 "2025-01-09T16:39:48Z")
Hi If a patient CTO is revoke he goes back on his S3 and has an automatic tribunal for the revoke. His S3 is then renewed, does the hospital have to do another automatic tribunal or does the first one count as within t… --- ## [Remote assessment for CTO treatment forms](https://forum.mentalhealthlaw.co.uk/t/remote-assessment-for-cto-treatment-forms/2996)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 3\ **Last updated:** [9 January 2025 09:55 UTC](https://forum.mentalhealthlaw.co.uk/t/remote-assessment-for-cto-treatment-forms/2996 "2025-01-09T09:55:52Z")
Hi Just wondering what your views are on RCs undertaking, dialogue/discussion over the phone to help confirm whether a patient is consenting to their proposed treatment for purpose of a CTO12 or SOAD certificate for CTO… --- ## [Section 2 patient transfer into Guardianship using form G6](https://forum.mentalhealthlaw.co.uk/t/section-2-patient-transfer-into-guardianship-using-form-g6/3082)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 2\ **Last updated:** [8 January 2025 22:03 UTC](https://forum.mentalhealthlaw.co.uk/t/section-2-patient-transfer-into-guardianship-using-form-g6/3082 "2025-01-08T22:03:27Z")
Hi Patient currently in hospital subject to s2 of the MHA. Nearest relative objected to the s3 going ahead and LA submitted an application to displace the patient. S2 extended by virtue of s29(4). Displacement proceedin… --- ## [Can s48/49 and s3 run concurrently?](https://forum.mentalhealthlaw.co.uk/t/can-s48-49-and-s3-run-concurrently/3067)
**Author:** [@Karin.slack](https://forum.mentalhealthlaw.co.uk/u/Karin.slack)\ **Replies:** 8\ **Last updated:** [7 January 2025 10:37 UTC](https://forum.mentalhealthlaw.co.uk/t/can-s48-49-and-s3-run-concurrently/3067 "2025-01-07T10:37:47Z")
P‘s S48 is due to end soon, and the RC has completed a S3 recommendation and requested a MHA asst while the S48 is still running. Would it be lawful to have S48 and S3 run concurrently? --- ## [S37/41 and S3 running concurrently](https://forum.mentalhealthlaw.co.uk/t/s37-41-and-s3-running-concurrently/2445)
**Author:** [@anonymous37](https://forum.mentalhealthlaw.co.uk/u/anonymous37)\ **Replies:** 5\ **Last updated:** [5 January 2025 20:11 UTC](https://forum.mentalhealthlaw.co.uk/t/s37-41-and-s3-running-concurrently/2445 "2025-01-05T20:11:20Z")
Scenario is as follows: 1 - P was placed on S37/41. Hospital A became aware that P’s case could be remitted, so they placed P on S3. HMs then lifted the S3 on the grounds that P could still be treated under S37/41 as it… --- ## [Coronavirus Practice Direction](https://forum.mentalhealthlaw.co.uk/t/coronavirus-practice-direction/788)
**Author:** [@jonesrm](https://forum.mentalhealthlaw.co.uk/u/jonesrm)\ **Replies:** 3\ **Last updated:** [19 December 2024 16:59 UTC](https://forum.mentalhealthlaw.co.uk/t/coronavirus-practice-direction/788 "2024-12-19T16:59:53Z")
I am trying to identify which Coronavirus PDs are still in force. In particular, “Amended General Pilot Practice Direction: Contingency Arrangements in the First-Tier Tribunal and the Upper Tribunal” was extended to Sept… --- ## [SOAD assessments by telephone](https://forum.mentalhealthlaw.co.uk/t/soad-assessments-by-telephone/3044)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 7\ **Last updated:** [17 December 2024 23:47 UTC](https://forum.mentalhealthlaw.co.uk/t/soad-assessments-by-telephone/3044 "2024-12-17T23:47:25Z")
I know SOADs are allowed to assess remotely but can they assess by telephone? Is there anything to prevent them doing this? --- ## [NR discharge letter given to ward manager](https://forum.mentalhealthlaw.co.uk/t/nr-discharge-letter-given-to-ward-manager/3033)
**Author:** [@NickyGatland](https://forum.mentalhealthlaw.co.uk/u/NickyGatland)\ **Replies:** 11\ **Last updated:** [16 December 2024 23:48 UTC](https://forum.mentalhealthlaw.co.uk/t/nr-discharge-letter-given-to-ward-manager/3033 "2024-12-16T23:48:55Z")
Hi All, Hoping for some clarification and advice. I represent a client who is subject to S3. NR provided a typed letter to the ward manager on Friday evening at about 4pm and told the Ward Manager it was a letter exer… --- ## [New T2 required on RC's return from leave?](https://forum.mentalhealthlaw.co.uk/t/new-t2-required-on-rcs-return-from-leave/2734)
**Author:** [@Jane](https://forum.mentalhealthlaw.co.uk/u/Jane)\ **Replies:** 7\ **Last updated:** [11 December 2024 09:58 UTC](https://forum.mentalhealthlaw.co.uk/t/new-t2-required-on-rcs-return-from-leave/2734 "2024-12-11T09:58:21Z")
We have a patient whose 3-month rule expired during a period their RC being on leave. The covering RC completed the T2. My question is Should a new T2 be completed by the patient’s RC following their leave? --- ## [CQC 'Monitoring the Mental Health Act' report - where is it?](https://forum.mentalhealthlaw.co.uk/t/cqc-monitoring-the-mental-health-act-report-where-is-it/2097)
**Author:** [@HelenR](https://forum.mentalhealthlaw.co.uk/u/HelenR)\ **Replies:** 1\ **Last updated:** [6 December 2024 23:56 UTC](https://forum.mentalhealthlaw.co.uk/t/cqc-monitoring-the-mental-health-act-report-where-is-it/2097 "2024-12-06T23:56:56Z")
Hi all, does anyone know when the CQC’s annual MHA report is due out? Thanks! --- ## [S2 MHA Leaflet in Slovakian](https://forum.mentalhealthlaw.co.uk/t/s2-mha-leaflet-in-slovakian/2605)
**Author:** [@helenlink](https://forum.mentalhealthlaw.co.uk/u/helenlink)\ **Replies:** 1\ **Last updated:** [6 December 2024 23:18 UTC](https://forum.mentalhealthlaw.co.uk/t/s2-mha-leaflet-in-slovakian/2605 "2024-12-06T23:18:58Z")
Dear Colleagues We are attempting to locate a S2 information leaflet in Slovakian – can anyone assist please? Kind regards Helen Link --- ## [CTO recall, renewal, AWOL status](https://forum.mentalhealthlaw.co.uk/t/cto-recall-renewal-awol-status/3009)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 3\ **Last updated:** [3 December 2024 19:51 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-recall-renewal-awol-status/3009 "2024-12-03T19:51:48Z")
Hi Patient subject to CTO which would have expired on the 06/07/2024. Recall notice completed for purpose of examining/renewing the CTO came into legal effect on the 21/06/2024 naming Hospital A. Extended CTO due to A… --- ## [NR request to discharge s2, and consequences of barring order](https://forum.mentalhealthlaw.co.uk/t/nr-request-to-discharge-s2-and-consequences-of-barring-order/2999)
**Author:** [@Gemma1819](https://forum.mentalhealthlaw.co.uk/u/Gemma1819)\ **Replies:** 6\ **Last updated:** [30 November 2024 11:27 UTC](https://forum.mentalhealthlaw.co.uk/t/nr-request-to-discharge-s2-and-consequences-of-barring-order/2999 "2024-11-30T11:27:34Z")
Thank you both for the information i appreciate you taking the time to reply.That definitely doesn’t sound a option then i just feel very strongly its not in my sons best interests being admitted. Me applying to discharg… --- ## [CTO Extension, HM Hearing and CTO Revocation](https://forum.mentalhealthlaw.co.uk/t/cto-extension-hm-hearing-and-cto-revocation/2987)
**Author:** [@helenlink](https://forum.mentalhealthlaw.co.uk/u/helenlink)\ **Replies:** 4\ **Last updated:** [26 November 2024 20:29 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-extension-hm-hearing-and-cto-revocation/2987 "2024-11-26T20:29:21Z")
Unusual question! A patient has CTO extended in accordance with S20A, but prior to the HM Hearing the CTO is revoked and patient is now under a S3. Does the fact that not holding the HM Hearing prior to the revocation … --- ## [Nearest Relative incorrectly identified - Information not shared](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-incorrectly-identified-information-not-shared/2974)
**Author:** [@SR2024](https://forum.mentalhealthlaw.co.uk/u/SR2024)\ **Replies:** 8\ **Last updated:** [25 November 2024 13:35 UTC](https://forum.mentalhealthlaw.co.uk/t/nearest-relative-incorrectly-identified-information-not-shared/2974 "2024-11-25T13:35:49Z")
I’m hoping someone can help with a question about misidentification of Nearest Relative. Patient was detained and provided details of partner, who had made 999 call resulting in her detention. She commented on possible … --- ## [Clock stopping post-s136](https://forum.mentalhealthlaw.co.uk/t/clock-stopping-post-s136/2970)
**Author:** [@MHLOThomas](https://forum.mentalhealthlaw.co.uk/u/MHLOThomas)\ **Replies:** 6\ **Last updated:** [24 November 2024 20:32 UTC](https://forum.mentalhealthlaw.co.uk/t/clock-stopping-post-s136/2970 "2024-11-24T20:32:58Z")
s136 is used and the person then has a medical episode - which may or may not be related to a pre-existing condition (as the overdose they have taken can cause the same symptoms of their medical condition). At A&E inform… --- ## [Refusing entry to prevent 15-year-old being taken to hospital under section 2](https://forum.mentalhealthlaw.co.uk/t/refusing-entry-to-prevent-15-year-old-being-taken-to-hospital-under-section-2/2958)
**Author:** [@Gemma1819](https://forum.mentalhealthlaw.co.uk/u/Gemma1819)\ **Replies:** 2\ **Last updated:** [20 November 2024 01:30 UTC](https://forum.mentalhealthlaw.co.uk/t/refusing-entry-to-prevent-15-year-old-being-taken-to-hospital-under-section-2/2958 "2024-11-20T01:30:14Z")
Hi im just wondering about a section 2 last Friday 2 doctors and a amhp came out now they are wanting to send my son to a hospital tomorrow i dont agree with the decision and im going to apply to discharge. What im w… --- ## [Section 37/41 patient received without paperwork](https://forum.mentalhealthlaw.co.uk/t/section-37-41-patient-received-without-paperwork/2947)
**Author:** [@Voxego](https://forum.mentalhealthlaw.co.uk/u/Voxego)\ **Replies:** 3\ **Last updated:** [19 November 2024 20:45 UTC](https://forum.mentalhealthlaw.co.uk/t/section-37-41-patient-received-without-paperwork/2947 "2024-11-19T20:45:39Z")
I have a hypothetical Q. Let’s say a 37/41 order was made and patient was sent via ambulance, but in the ensuing confusion paperwork was not handed in to nursing staff of receiving hospital. There has been verbal confi… --- ## [Can a person under section 2 be repatriated to Ireland?](https://forum.mentalhealthlaw.co.uk/t/can-a-person-under-section-2-be-repatriated-to-ireland/2882)
**Author:** [@DorisDay](https://forum.mentalhealthlaw.co.uk/u/DorisDay)\ **Replies:** 4\ **Last updated:** [13 November 2024 06:55 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-person-under-section-2-be-repatriated-to-ireland/2882 "2024-11-13T06:55:27Z")
Ms K, was under psychiatric care in Republic of Ireland, she is a British & Irish passport holder. She returned to the town where she attended the University of X nearly a decade ago. Her stated reason for being in X w… --- ## [Locating Richardson committee report and Orville Blackwood inquiry report](https://forum.mentalhealthlaw.co.uk/t/locating-richardson-committee-report-and-orville-blackwood-inquiry-report/1507)
**Author:** [@Chioma](https://forum.mentalhealthlaw.co.uk/u/Chioma)\ **Replies:** 4\ **Last updated:** [9 November 2024 11:20 UTC](https://forum.mentalhealthlaw.co.uk/t/locating-richardson-committee-report-and-orville-blackwood-inquiry-report/1507 "2024-11-09T11:20:26Z")
Hi everyone! I hope you are having a splendid day. I was wondering if anyone has copies of the Report of the Expert Committee, Review of the Mental Health Act 1983 (i.e. the Genevra Richardson Committee Report) and the … --- ## [Incorrect Section Expiry Date on H5](https://forum.mentalhealthlaw.co.uk/t/incorrect-section-expiry-date-on-h5/2905)
**Author:** [@AllyDT](https://forum.mentalhealthlaw.co.uk/u/AllyDT)\ **Replies:** 4\ **Last updated:** [8 November 2024 08:30 UTC](https://forum.mentalhealthlaw.co.uk/t/incorrect-section-expiry-date-on-h5/2905 "2024-11-08T08:30:34Z")
Good afternoon all, I have noticed that the incorrect expiry date has been entered onto P’s most recent H5. The section was due to expire the day after the date that has been inputted onto the H5. I have tried every Goo… --- ## [Converting a ss47/49 to ss37/41](https://forum.mentalhealthlaw.co.uk/t/converting-a-ss47-49-to-ss37-41/2904)
**Author:** [@angec](https://forum.mentalhealthlaw.co.uk/u/angec)\ **Replies:** 1\ **Last updated:** [7 November 2024 15:56 UTC](https://forum.mentalhealthlaw.co.uk/t/converting-a-ss47-49-to-ss37-41/2904 "2024-11-07T15:56:34Z")
I have a client who is currently subject to 47/49. His RC has told me that he has had a previous patient who had his 47/49 converted to a 37/41. Does anyone have any experience or knowledge of this and if so what would… --- ## [Eating Disorder specialist report](https://forum.mentalhealthlaw.co.uk/t/eating-disorder-specialist-report/2899)
**Author:** [@KJOrmiston](https://forum.mentalhealthlaw.co.uk/u/KJOrmiston)\ **Replies:** 2\ **Last updated:** [7 November 2024 15:40 UTC](https://forum.mentalhealthlaw.co.uk/t/eating-disorder-specialist-report/2899 "2024-11-07T15:40:24Z")
Morning, I work with a firm that operates solely in Scotland. Ordinarily we instruct all medicolegal reports from within Scotland, however on this occasion due to a well known case in the E.D network of specialists we ar… --- ## [Mental health Act 1983: Legal book recommendations?](https://forum.mentalhealthlaw.co.uk/t/mental-health-act-1983-legal-book-recommendations/2891)
**Author:** [@Herystote](https://forum.mentalhealthlaw.co.uk/u/Herystote)\ **Replies:** 6\ **Last updated:** [5 November 2024 14:52 UTC](https://forum.mentalhealthlaw.co.uk/t/mental-health-act-1983-legal-book-recommendations/2891 "2024-11-05T14:52:46Z")
I’m looking for easy (not necessarily easy; quality is more important to me) to read book recommendations for anyone looking to learn about mental health law. If any of these books provide case studies/ its application … --- ## [CTO & s2 -- MHT](https://forum.mentalhealthlaw.co.uk/t/cto-s2-mht/2887)
**Author:** [@Jojo](https://forum.mentalhealthlaw.co.uk/u/Jojo)\ **Replies:** 4\ **Last updated:** [30 October 2024 20:38 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-s2-mht/2887 "2024-10-30T20:38:00Z")
Hi I have a CTO pt who was detained under S.2 in a different area than transferred back. Pt wishes to appeal the S.2. Is he eligible and if discharged I assume the CTO comes back into force? --- ## [Understanding the practicalities of moving someone from MSU to rehab](https://forum.mentalhealthlaw.co.uk/t/understanding-the-practicalities-of-moving-someone-from-msu-to-rehab/2883)
**Author:** [@rachael.sanderson](https://forum.mentalhealthlaw.co.uk/u/rachael.sanderson)\ **Replies:** 2\ **Last updated:** [30 October 2024 09:14 UTC](https://forum.mentalhealthlaw.co.uk/t/understanding-the-practicalities-of-moving-someone-from-msu-to-rehab/2883 "2024-10-30T09:14:19Z")
From a legal perspective, if you had a patient in a medium secure service under a forensic section of the Mental Health Act and wanted to move them to a rehabilitation service that was not based on the medium secure site… --- ## [MHA assessment of 9-year-old child](https://forum.mentalhealthlaw.co.uk/t/mha-assessment-of-9-year-old-child/2865)
**Author:** [@headinhands](https://forum.mentalhealthlaw.co.uk/u/headinhands)\ **Replies:** 7\ **Last updated:** [29 October 2024 08:57 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-assessment-of-9-year-old-child/2865 "2024-10-29T08:57:47Z")
Hi all, a request has come in for a MHA assessment for a 9 year old child with the AMHP service being contacted at the last minute, and being given some quite conflicting information - currently on a children’s ward in a… [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=7) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=9)