# Mental Health Act **URL:** https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=9 [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:** 10 --- ## [Accidental CTO1](https://forum.mentalhealthlaw.co.uk/t/accidental-cto1/2867)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 3\ **Last updated:** [29 October 2024 07:01 UTC](https://forum.mentalhealthlaw.co.uk/t/accidental-cto1/2867 "2024-10-29T07:01:34Z")
Hi all CTO1 commenced/completed by the RC - part 1 - and AMHP part 2 - around 2 months ago - was signed off by the same RC - part 3 - accidentally - for a patient who is unfortunately still too unwell to be discharged o… --- ## [Can a file note on section papers be done even after 14 days has passed?](https://forum.mentalhealthlaw.co.uk/t/can-a-file-note-on-section-papers-be-done-even-after-14-days-has-passed/2869)
**Author:** [@Arthur](https://forum.mentalhealthlaw.co.uk/u/Arthur)\ **Replies:** 1\ **Last updated:** [25 October 2024 11:30 UTC](https://forum.mentalhealthlaw.co.uk/t/can-a-file-note-on-section-papers-be-done-even-after-14-days-has-passed/2869 "2024-10-25T11:30:49Z")
Continuing the discussion from Section 3 - name of where treatment is available not mentioned on the A8 form: Thank you, that really helps. Can a file note be done even after 14 days has passed? We have a patient on th… --- ## [S47/49 ‘Transfer’ on day of sentence/recall](https://forum.mentalhealthlaw.co.uk/t/s47-49-transfer-on-day-of-sentence-recall/2853)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 4\ **Last updated:** [22 October 2024 05:09 UTC](https://forum.mentalhealthlaw.co.uk/t/s47-49-transfer-on-day-of-sentence-recall/2853 "2024-10-22T05:09:11Z")
Does anyone have an opinion about the practice of immediately ‘transferring’ a patient to hospital under s47 once they have been sentenced or recalled under a licence -so that they never actually spend any time in prison… --- ## [Issues with joint medical recommendation](https://forum.mentalhealthlaw.co.uk/t/issues-with-joint-medical-recommendation/2836)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 1\ **Last updated:** [17 October 2024 13:54 UTC](https://forum.mentalhealthlaw.co.uk/t/issues-with-joint-medical-recommendation/2836 "2024-10-17T13:54:12Z")
Hi Patient has transferred into us under section 2. Whilst scrutinising the paperwork for any invalidating errors it appears that the 1st doctor (joint med rec) completed the patients name and address where his name/add… --- ## [Transfer of a patient who is AWOL](https://forum.mentalhealthlaw.co.uk/t/transfer-of-a-patient-who-is-awol/2824)
**Author:** [@anonymous50](https://forum.mentalhealthlaw.co.uk/u/anonymous50)\ **Replies:** 4\ **Last updated:** [14 October 2024 06:31 UTC](https://forum.mentalhealthlaw.co.uk/t/transfer-of-a-patient-who-is-awol/2824 "2024-10-14T06:31:03Z")
Hi Patient detained to an out of area private hospital under s2. He went AWOL a couple of days after admission. ICB in home area wants the patient discharged from section in his absence so they don’t have to fund the b… --- ## [Section 117 and LPA -- who chooses care home?](https://forum.mentalhealthlaw.co.uk/t/section-117-and-lpa-who-chooses-care-home/2787)
**Author:** [@Rosen](https://forum.mentalhealthlaw.co.uk/u/Rosen)\ **Replies:** 3\ **Last updated:** [8 October 2024 07:12 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-and-lpa-who-chooses-care-home/2787 "2024-10-08T07:12:14Z")
My husband is on section 117 and I have lasting power of attorney for both health welfare and financial He has to leave his current care home the social worker is saying social services will decide on a care home I am p… --- ## [Detained under S3 and then Placed on S37](https://forum.mentalhealthlaw.co.uk/t/detained-under-s3-and-then-placed-on-s37/2794)
**Author:** [@helenlink](https://forum.mentalhealthlaw.co.uk/u/helenlink)\ **Replies:** 3\ **Last updated:** [7 October 2024 12:51 UTC](https://forum.mentalhealthlaw.co.uk/t/detained-under-s3-and-then-placed-on-s37/2794 "2024-10-07T12:51:40Z")
Good afternoon, after a little bit of guidance. We have a patient who is detained under S3 of the MHA who we have just found out was also placed by the court on S37. What happens to the S3? Does it continue to run at … --- ## [Indefinite s17(3) leave (section 3 patient)](https://forum.mentalhealthlaw.co.uk/t/indefinite-s17-3-leave-section-3-patient/2766)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 2\ **Last updated:** [30 September 2024 09:07 UTC](https://forum.mentalhealthlaw.co.uk/t/indefinite-s17-3-leave-section-3-patient/2766 "2024-09-30T09:07:50Z")
Hi all RC is having a clash with inpatient staff regarding the management of the above. The patient has been in supported living for over a year now doing well under restrictions as part of the s17(3) leave framework. R… --- ## [Definition of Medical Treatment for Mental Disorder](https://forum.mentalhealthlaw.co.uk/t/definition-of-medical-treatment-for-mental-disorder/2689)
**Author:** [@Barry](https://forum.mentalhealthlaw.co.uk/u/Barry)\ **Replies:** 6\ **Last updated:** [27 September 2024 15:44 UTC](https://forum.mentalhealthlaw.co.uk/t/definition-of-medical-treatment-for-mental-disorder/2689 "2024-09-27T15:44:29Z")
What are the boundaries set by statute and/or case law in the definition of “medical treatment for mental disorder”? I am aware that the term can be interpreted very widely, but I think there must be some limitation on w… --- ## [Arrest for offence after s136?](https://forum.mentalhealthlaw.co.uk/t/arrest-for-offence-after-s136/2760)
**Author:** [@MHLOThomas](https://forum.mentalhealthlaw.co.uk/u/MHLOThomas)\ **Replies:** 2\ **Last updated:** [27 September 2024 15:28 UTC](https://forum.mentalhealthlaw.co.uk/t/arrest-for-offence-after-s136/2760 "2024-09-27T15:28:32Z")
Supposed scenario - someone is detained 136 and is exceptionally volatile (but not meeting the immediate risk of death/serious harm to others that would enable custody to be used). The person then assaults staff, and is… --- ## [S.37/41 patient rights leaflets in Romanian](https://forum.mentalhealthlaw.co.uk/t/s-37-41-patient-rights-leaflets-in-romanian/2747)
**Author:** [@Weenaberry](https://forum.mentalhealthlaw.co.uk/u/Weenaberry)\ **Replies:** 6\ **Last updated:** [27 September 2024 15:02 UTC](https://forum.mentalhealthlaw.co.uk/t/s-37-41-patient-rights-leaflets-in-romanian/2747 "2024-09-27T15:02:28Z")
Does anybody know where I can get hold of a s.37/41 patient rights leaflet that has been translated into Romanian? many thanks in advance --- ## [Completion of M2 - Barring Order](https://forum.mentalhealthlaw.co.uk/t/completion-of-m2-barring-order/2768)
**Author:** [@Saralou50](https://forum.mentalhealthlaw.co.uk/u/Saralou50)\ **Replies:** 4\ **Last updated:** [27 September 2024 14:28 UTC](https://forum.mentalhealthlaw.co.uk/t/completion-of-m2-barring-order/2768 "2024-09-27T14:28:04Z")
Has anyone had a situation where a nearest relative applied for discharge and this was barred by the RC. A managers hearing was arranged and they found the M2 to not have enough evidence on it to justify the dangerousn… --- ## [Section 2 lapsed due to NR objection to s3](https://forum.mentalhealthlaw.co.uk/t/section-2-lapsed-due-to-nr-objection-to-s3/2728)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 4\ **Last updated:** [26 September 2024 09:23 UTC](https://forum.mentalhealthlaw.co.uk/t/section-2-lapsed-due-to-nr-objection-to-s3/2728 "2024-09-26T09:23:51Z")
Hi all Patients s2 lapsed at midnight due to NR objection for s3. A doctor then proceeded to apply a questionable 5(2). If the AMHP felt the NRs objection was unreasonable I know they can ask their LA legal to look at … --- ## [S117 Welsh patient and top-up fees](https://forum.mentalhealthlaw.co.uk/t/s117-welsh-patient-and-top-up-fees/2598)
**Author:** [@Andy\_Howarth\_2](https://forum.mentalhealthlaw.co.uk/u/Andy_Howarth_2)\ **Replies:** 3\ **Last updated:** [23 September 2024 07:39 UTC](https://forum.mentalhealthlaw.co.uk/t/s117-welsh-patient-and-top-up-fees/2598 "2024-09-23T07:39:03Z")
I’ve been in correspondence with a woman whose parent has been detained under s.3 for nearly 9 months, and has been stable for 4. The parent needs to leave hospital but can’t go home. A care home has been identified, bu… --- ## [URGENT HELP use of a old form for s3 detention](https://forum.mentalhealthlaw.co.uk/t/urgent-help-use-of-a-old-form-for-s3-detention/2323)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 4\ **Last updated:** [19 September 2024 13:43 UTC](https://forum.mentalhealthlaw.co.uk/t/urgent-help-use-of-a-old-form-for-s3-detention/2323 "2024-09-19T13:43:23Z")
A patient was sectioned under a S3 on 16/06/2022 the AMHP A is on a old form does this invalidate the section. It has only just come to light Thanks --- ## [H4 Dates](https://forum.mentalhealthlaw.co.uk/t/h4-dates/2722)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 4\ **Last updated:** [13 September 2024 21:00 UTC](https://forum.mentalhealthlaw.co.uk/t/h4-dates/2722 "2024-09-13T21:00:33Z")
Can anyone clarify, some disagreements going on. Can part A on a H4 transfer form be dated before the patient is transferred (form already prepared two days ago dated 10/9/24), then part 2 completed on admission on the … --- ## [CTO patient on remand](https://forum.mentalhealthlaw.co.uk/t/cto-patient-on-remand/2686)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 4\ **Last updated:** [7 September 2024 09:21 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-patient-on-remand/2686 "2024-09-07T09:21:49Z")
Hi Brain is a bit fried today - and nothing I’m reading seems to make sense. Patient on a 6 month CTO due to expire on the 2nd October 2024. Patient is currently in remand in prison awaiting sentencing. I understand i… --- ## [Powers to search under s136/s135 query](https://forum.mentalhealthlaw.co.uk/t/powers-to-search-under-s136-s135-query/2684)
**Author:** [@MHLOThomas](https://forum.mentalhealthlaw.co.uk/u/MHLOThomas)\ **Replies:** 2\ **Last updated:** [5 September 2024 10:54 UTC](https://forum.mentalhealthlaw.co.uk/t/powers-to-search-under-s136-s135-query/2684 "2024-09-05T10:54:16Z")
I have had a query from health today and am looking for some advice. They were discussing s136/135 assessments that take place. Someone gave an example of police coming to the property with them, along with secure trans… --- ## [Section 13 duty](https://forum.mentalhealthlaw.co.uk/t/section-13-duty/2678)
**Author:** [@wellsj](https://forum.mentalhealthlaw.co.uk/u/wellsj)\ **Replies:** 3\ **Last updated:** [27 August 2024 16:50 UTC](https://forum.mentalhealthlaw.co.uk/t/section-13-duty/2678 "2024-08-27T16:50:14Z")
I am a volunteer supporting families of adults with mental health conditions. For many years before retiring I was an ASW. I have been told that our local authority are saying to clinicians that before they will come out… --- ## [Detention in public?](https://forum.mentalhealthlaw.co.uk/t/detention-in-public/2669)
**Author:** [@CASTLE](https://forum.mentalhealthlaw.co.uk/u/CASTLE)\ **Replies:** 6\ **Last updated:** [28 August 2024 08:33 UTC](https://forum.mentalhealthlaw.co.uk/t/detention-in-public/2669 "2024-08-28T08:33:12Z")
Dear colleagues, I am reaching out for assistance regarding a complex situation that has arisen in a recent case. The scenario involves a patient who has been assessed by two doctors, one of whom is Section 12 qualified… --- ## [Mental disorder and asymptomatic patients](https://forum.mentalhealthlaw.co.uk/t/mental-disorder-and-asymptomatic-patients/2671)
**Author:** [@wellsj](https://forum.mentalhealthlaw.co.uk/u/wellsj)\ **Replies:** 8\ **Last updated:** [27 August 2024 16:52 UTC](https://forum.mentalhealthlaw.co.uk/t/mental-disorder-and-asymptomatic-patients/2671 "2024-08-27T16:52:57Z")
As an associate hospital manager I sometimes have RCs stating the patient is suffering from a mental disorder when it is agreed they have been asymptomatic for at least 6 months before. The diagnosis is often paranoid sc… --- ## [Multiprofessional ACs](https://forum.mentalhealthlaw.co.uk/t/multiprofessional-acs/654)
**Author:** [@am5](https://forum.mentalhealthlaw.co.uk/u/am5)\ **Replies:** 2\ **Last updated:** [16 August 2024 08:51 UTC](https://forum.mentalhealthlaw.co.uk/t/multiprofessional-acs/654 "2024-08-16T08:51:38Z")
Good morning All - can you please help? In my role as a nurse and multi-professional AC I am having issues with my Trust with regard to treatment under the MHA. I am being told that I cannot provide ‘treatment’ for my … --- ## [Timescales for non-AWOL absconders](https://forum.mentalhealthlaw.co.uk/t/timescales-for-non-awol-absconders/2650)
**Author:** [@MentalHealthCop](https://forum.mentalhealthlaw.co.uk/u/MentalHealthCop)\ **Replies:** 1\ **Last updated:** [15 August 2024 09:32 UTC](https://forum.mentalhealthlaw.co.uk/t/timescales-for-non-awol-absconders/2650 "2024-08-15T09:32:03Z")
Patient made subject of an application for admission, bed identified, etc. they abscond from the AMHP whilst waiting for conveyance and the police are involved as they are reported high risk missing. Timescales for use… --- ## [Reference to submissions in written decision](https://forum.mentalhealthlaw.co.uk/t/reference-to-submissions-in-written-decision/2644)
**Author:** [@RKM](https://forum.mentalhealthlaw.co.uk/u/RKM)\ **Replies:** 2\ **Last updated:** [13 August 2024 13:57 UTC](https://forum.mentalhealthlaw.co.uk/t/reference-to-submissions-in-written-decision/2644 "2024-08-13T13:57:38Z")
I wondered if I could pick your collective brains to help me understand this situation… I represented P at a FTT in respect of a CTO referral (extension of a further 6 months). I have received the decision but the submi… --- ## [Records of detention from 50 years ago?](https://forum.mentalhealthlaw.co.uk/t/records-of-detention-from-50-years-ago/2607)
**Author:** [@anonymous44](https://forum.mentalhealthlaw.co.uk/u/anonymous44)\ **Replies:** 4\ **Last updated:** [12 August 2024 17:25 UTC](https://forum.mentalhealthlaw.co.uk/t/records-of-detention-from-50-years-ago/2607 "2024-08-12T17:25:39Z")
Hello, for someone detained possibly over 50 years ago and who has been in receipt of aftercare services in the community since, would their record of detention still exist? I have seen that NHS records get deleted after… --- ## [Section 2 rights in Tigrinya](https://forum.mentalhealthlaw.co.uk/t/section-2-rights-in-tigrinya/2452)
**Author:** [@steve-trunk](https://forum.mentalhealthlaw.co.uk/u/steve-trunk)\ **Replies:** 2\ **Last updated:** [7 August 2024 06:47 UTC](https://forum.mentalhealthlaw.co.uk/t/section-2-rights-in-tigrinya/2452 "2024-08-07T06:47:48Z")
Hi - does anyone have section 2 rights in Tigrinya that they are able to share? Thanks --- ## [CTO1 application valid or not?](https://forum.mentalhealthlaw.co.uk/t/cto1-application-valid-or-not/2629)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 1\ **Last updated:** [6 August 2024 19:52 UTC](https://forum.mentalhealthlaw.co.uk/t/cto1-application-valid-or-not/2629 "2024-08-06T19:52:30Z")
Hi all CTO1 Part 1 names 'Dr A ’ as the RC - but is not signed/dated by ‘Dr A’ but a ‘Dr B’ as covering RC. Is this ok? I would have thought if ‘Dr A’ was not available to sign his statement/opinion/conditions in Part … --- ## [Duration of s136](https://forum.mentalhealthlaw.co.uk/t/duration-of-s136/2621)
**Author:** [@anonymous45](https://forum.mentalhealthlaw.co.uk/u/anonymous45)\ **Replies:** 2\ **Last updated:** [4 August 2024 16:39 UTC](https://forum.mentalhealthlaw.co.uk/t/duration-of-s136/2621 "2024-08-04T16:39:03Z")
Hi Taken from Jones: The power to detain under this section (136) will lapse as soon as the person has been examined and interviewed and it is considered that no further arrangements need to be made for his treatment … --- ## [Forced treatment after MHA assessment but before hospital admission](https://forum.mentalhealthlaw.co.uk/t/forced-treatment-after-mha-assessment-but-before-hospital-admission/2065)
**Author:** [@Taylor](https://forum.mentalhealthlaw.co.uk/u/Taylor)\ **Replies:** 17\ **Last updated:** [2 August 2024 18:36 UTC](https://forum.mentalhealthlaw.co.uk/t/forced-treatment-after-mha-assessment-but-before-hospital-admission/2065 "2024-08-02T18:36:01Z")
Hello All, I have heard of case were an aggressive patient, was assessed at home by virtue of a sec 135 warrant. he was placed on section 3. DR and nurse want to rapid tranquilise, to make journey safer. Patient did no… --- ## [Invalid section 3 and S117 aftercare](https://forum.mentalhealthlaw.co.uk/t/invalid-section-3-and-s117-aftercare/2593)
**Author:** [@Ray](https://forum.mentalhealthlaw.co.uk/u/Ray)\ **Replies:** 4\ **Last updated:** [22 July 2024 22:46 UTC](https://forum.mentalhealthlaw.co.uk/t/invalid-section-3-and-s117-aftercare/2593 "2024-07-22T22:46:41Z")
I am new to S117 aftercare processes and have come across a situation that I just can’t find an answer to. A service user was detained under section 3 in 2022, but in 2023 that section was found to be invalid, during an … [Previous page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=8) [Next page](https://forum.mentalhealthlaw.co.uk/c/law-and-practice/mental-health-act/13.md?page=10)