# Latest **URL:** https://forum.mentalhealthlaw.co.uk/latest.md [Latest](https://forum.mentalhealthlaw.co.uk/latest.md) · [Categories](https://forum.mentalhealthlaw.co.uk/categories.md) · [Tags](https://forum.mentalhealthlaw.co.uk/tags.md) --- ## [Section 117 and adaptation to bungalow](https://forum.mentalhealthlaw.co.uk/t/section-117-and-adaptation-to-bungalow/6208)
**Author:** [@Kali](https://forum.mentalhealthlaw.co.uk/u/Kali)\ **Replies:** 4\ **Last updated:** [14 October 2026 15:22 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-and-adaptation-to-bungalow/6208 "2026-10-14T15:22:27Z")
Sec37 patient living at mothers one bed council bungalow. Sleeping in a 33 square ft windowless cupboard. Adaptation to make space 57 sq ft with window refused by council. Patient has had no sec 117 care plan in place si… --- ## [Patient safety while awaiting a bed to complete a section 2 recomendation](https://forum.mentalhealthlaw.co.uk/t/patient-safety-while-awaiting-a-bed-to-complete-a-section-2-recomendation/6198)
**Author:** [@Mitzy](https://forum.mentalhealthlaw.co.uk/u/Mitzy)\ **Replies:** 8\ **Last updated:** [13 October 2026 13:15 UTC](https://forum.mentalhealthlaw.co.uk/t/patient-safety-while-awaiting-a-bed-to-complete-a-section-2-recomendation/6198 "2026-10-13T13:15:04Z")
My son was recently taken to A&E, where a recommendation was made for him to be admitted to a psychiatric hospital under a section 2. I understand that the section 2 could not be implemented until a bed was found. Howev… --- ## [Early post-AGNI court judgments](https://forum.mentalhealthlaw.co.uk/t/early-post-agni-court-judgments/5968)
**Author:** [@JamesCodling](https://forum.mentalhealthlaw.co.uk/u/JamesCodling)\ **Replies:** 15\ **Last updated:** [12 October 2026 08:40 UTC](https://forum.mentalhealthlaw.co.uk/t/early-post-agni-court-judgments/5968 "2026-10-12T08:40:27Z")
Here is the link to the recent Oxfordshire County Council v P - Find Case Law - The National Archives Court of Protection case… I personally found most ‘interesting’ paragraphs 16 and 17 which is the analysis as to why t… --- ## [MHA. Richard Jones, Mental Health Act Manual (29th edn, Sweet and Maxwell 2026)](https://forum.mentalhealthlaw.co.uk/t/mha-richard-jones-mental-health-act-manual-29th-edn-sweet-and-maxwell-2026/6196)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [8 October 2026 12:25 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-richard-jones-mental-health-act-manual-29th-edn-sweet-and-maxwell-2026/6196 "2026-10-08T12:25:00Z")
— The MHA book. Full details available at: https://www.mentalhealthlaw.co.uk/Richard\_Jones,\_Mental\_Health\_Act\_Manual\_(29th\_edn,\_Sweet\_and\_Maxwell\_2026)?id=081026-1225 --- ## [Section 25 barring order -- hospital managers' discretion](https://forum.mentalhealthlaw.co.uk/t/section-25-barring-order-hospital-managers-discretion/6192)
**Author:** [@Foxicus](https://forum.mentalhealthlaw.co.uk/u/Foxicus)\ **Replies:** 6\ **Last updated:** [8 October 2026 07:59 UTC](https://forum.mentalhealthlaw.co.uk/t/section-25-barring-order-hospital-managers-discretion/6192 "2026-10-08T07:59:26Z")
It has been mentioned to me that when hospital managers are hearing a barring order that, even if the dangerousness criteria is not met, they still have discretionary power not to discharge the patient. How is this discr… --- ## [AGNI guidance. DHSC, 'UK Supreme Court 2026 judgment on what constitutes a deprivation of liberty' (updated, 22 September 2026)](https://forum.mentalhealthlaw.co.uk/t/agni-guidance-dhsc-uk-supreme-court-2026-judgment-on-what-constitutes-a-deprivation-of-liberty-updated-22-september-2026/6193)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [7 October 2026 21:27 UTC](https://forum.mentalhealthlaw.co.uk/t/agni-guidance-dhsc-uk-supreme-court-2026-judgment-on-what-constitutes-a-deprivation-of-liberty-updated-22-september-2026/6193 "2026-10-07T21:27:00Z")
— Guidance for health and social care staff, carers, and staff responsible for policies etc. The only change since the 15 June 2026 version is that “NHS England will be publishing an updated DoLS e-learning module by 30 … --- ## [Legal Aid audit -- Level 1 or Level 2 fee](https://forum.mentalhealthlaw.co.uk/t/legal-aid-audit-level-1-or-level-2-fee/6186)
**Author:** [@SPurkis](https://forum.mentalhealthlaw.co.uk/u/SPurkis)\ **Replies:** 1\ **Last updated:** [6 October 2026 09:14 UTC](https://forum.mentalhealthlaw.co.uk/t/legal-aid-audit-level-1-or-level-2-fee/6186 "2026-10-06T09:14:49Z")
Hi everyone, We have recently undergone our annual LAA audit, during which one of our files was downgraded from a Level 2 to a Level 1 fee. On the file in question, we had contacted the client’s Nearest Relative and pr… --- ## [September 2026 update](https://forum.mentalhealthlaw.co.uk/t/september-2026-update/6183)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [5 October 2026 18:54 UTC](https://forum.mentalhealthlaw.co.uk/t/september-2026-update/6183 "2026-10-05T18:54:47Z")
Website Magic Book. The Magic Book is a database of contact details. The main idea is to add the hospitals and other places you visit (not just your own place of work). To create/edit contacts, there is no need to log … --- ## ["Liable to be detained" confusion](https://forum.mentalhealthlaw.co.uk/t/liable-to-be-detained-confusion/6179)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 7\ **Last updated:** [5 October 2026 17:03 UTC](https://forum.mentalhealthlaw.co.uk/t/liable-to-be-detained-confusion/6179 "2026-10-05T17:03:06Z")
The whole “liable to be detained” concept has always puzzled me. If you’re arguing for a conditional discharge then you will likely be arguing that it’s not appropriate for the patient to be liable to be detained… but yo… --- ## [Where does Cheshire West No. 2 and "valid consent" leave CD(Dep)? And CTOs?](https://forum.mentalhealthlaw.co.uk/t/where-does-cheshire-west-no-2-and-valid-consent-leave-cd-dep-and-ctos/5710)
**Author:** [@ZacSussex](https://forum.mentalhealthlaw.co.uk/u/ZacSussex)\ **Replies:** 21\ **Last updated:** [1 October 2026 16:03 UTC](https://forum.mentalhealthlaw.co.uk/t/where-does-cheshire-west-no-2-and-valid-consent-leave-cd-dep-and-ctos/5710 "2026-10-01T16:03:05Z")
I’m still digesting the new UKSC case, but it sounds like CD(Dep) provisions are almost completely dead in the water as currently interpreted by the FtT. Cheshire West established an objective test about whether restric… --- ## [Advice wanted on being assessed by CMHT, sectioned and forced to sign financial LPA](https://forum.mentalhealthlaw.co.uk/t/advice-wanted-on-being-assessed-by-cmht-sectioned-and-forced-to-sign-financial-lpa/6126)
**Author:** [@anonymous97](https://forum.mentalhealthlaw.co.uk/u/anonymous97)\ **Replies:** 9\ **Last updated:** [30 September 2026 16:42 UTC](https://forum.mentalhealthlaw.co.uk/t/advice-wanted-on-being-assessed-by-cmht-sectioned-and-forced-to-sign-financial-lpa/6126 "2026-09-30T16:42:31Z")
I experienced a nervous breakdown after severe stress and 111 was contacted. I explained my symptoms and was told it wasnt mental illness go to the GP. I then suddenly had the crisis team coming down. I had no idea what … --- ## [H5 section 3 renewal](https://forum.mentalhealthlaw.co.uk/t/h5-section-3-renewal/6167)
**Author:** [@sen75](https://forum.mentalhealthlaw.co.uk/u/sen75)\ **Replies:** 4\ **Last updated:** [28 September 2026 16:02 UTC](https://forum.mentalhealthlaw.co.uk/t/h5-section-3-renewal/6167 "2026-09-28T16:02:16Z")
H5 s3 renewal completed by RC and Staff nurse at Hospital A and addressed to managers of Hospital A. Patient transferred to Hospital B the same day but before Part 4 is signed and the MHAA at Hospital B has signed the p… --- ## [Associate hospital managers and IMHA](https://forum.mentalhealthlaw.co.uk/t/associate-hospital-managers-and-imha/6158)
**Author:** [@wellsj](https://forum.mentalhealthlaw.co.uk/u/wellsj)\ **Replies:** 2\ **Last updated:** [24 September 2026 18:32 UTC](https://forum.mentalhealthlaw.co.uk/t/associate-hospital-managers-and-imha/6158 "2026-09-24T18:32:39Z")
A detained patient is due her Associate Hospital Managers hearing. She is said to lack capacity and to have refused to use an IMHA in the past. A referral has been made to the IMHA service, but they are questioning wheth… --- ## [Case (Open justice). Re I (publication of decision) \[2026\] MHLO 2 (FTT)](https://forum.mentalhealthlaw.co.uk/t/case-open-justice-re-i-publication-of-decision-2026-mhlo-2-ftt/6156)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [24 September 2026 11:09 UTC](https://forum.mentalhealthlaw.co.uk/t/case-open-justice-re-i-publication-of-decision-2026-mhlo-2-ftt/6156 "2026-09-24T11:09:00Z")
— There were no exceptional circumstances and so publication of the FTT’s review decision would be proportionate. In this case: (a) the review decision “provides a clear explanation as to the legal principles (relating t… --- ## [Case (Inadequate reasons about statutory criteria). Re I (inadequate reasons) \[2025\] MHLO 20 (FTT)](https://forum.mentalhealthlaw.co.uk/t/case-inadequate-reasons-about-statutory-criteria-re-i-inadequate-reasons-2025-mhlo-20-ftt/6157)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [24 September 2026 11:06 UTC](https://forum.mentalhealthlaw.co.uk/t/case-inadequate-reasons-about-statutory-criteria-re-i-inadequate-reasons-2025-mhlo-20-ftt/6157 "2026-09-24T11:06:00Z")
— On review it was decided that the tribunal panel had given inadequate reasons for not discharging a s3 patient. (1) The tribunal described the nature of the disorder as relapsing and remitting, but did not say why that… --- ## [AGNI ruling - paradigm psychiatric settings](https://forum.mentalhealthlaw.co.uk/t/agni-ruling-paradigm-psychiatric-settings/6135)
**Author:** [@steve-trunk](https://forum.mentalhealthlaw.co.uk/u/steve-trunk)\ **Replies:** 1\ **Last updated:** [17 September 2026 08:48 UTC](https://forum.mentalhealthlaw.co.uk/t/agni-ruling-paradigm-psychiatric-settings/6135 "2026-09-17T08:48:14Z")
With regard to the paradigm of a prison cell there are also several references to psychiatric settings. In reality the majority of wards now see P being behind double or triple locked doors with the prospect of the MHA… --- ## [Section 133 (Duty of managers of hospitals to inform nearest relative of discharge) in practice](https://forum.mentalhealthlaw.co.uk/t/section-133-duty-of-managers-of-hospitals-to-inform-nearest-relative-of-discharge-in-practice/6119)
**Author:** [@LoopyLou](https://forum.mentalhealthlaw.co.uk/u/LoopyLou)\ **Replies:** 2\ **Last updated:** [16 September 2026 20:47 UTC](https://forum.mentalhealthlaw.co.uk/t/section-133-duty-of-managers-of-hospitals-to-inform-nearest-relative-of-discharge-in-practice/6119 "2026-09-16T20:47:25Z")
Hi, does anyone know how Section 133 is usually done and what a Nearest Relative can do where their Loved One is being discharged before they are well enough to be sent home and the discharge will actually make the alrea… --- ## [Welsh Measure Code. Welsh Government, 'Code of Practice to Parts 2 and 3 of the Mental Health (Wales) Measure 2010' (2012)](https://forum.mentalhealthlaw.co.uk/t/welsh-measure-code-welsh-government-code-of-practice-to-parts-2-and-3-of-the-mental-health-wales-measure-2010-2012/6118)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [11 September 2026 18:13 UTC](https://forum.mentalhealthlaw.co.uk/t/welsh-measure-code-welsh-government-code-of-practice-to-parts-2-and-3-of-the-mental-health-wales-measure-2010-2012/6118 "2026-09-11T18:13:00Z")
— The Code provides guidance to local authorities, Local Health Boards, care coordinators and others, and information to relevant patients, their families, carers and advocates. Full details available at: https://www.m… --- ## [English/Welsh differences. Law Society, 'Practice note: Differences in English and Welsh law' (10 September 2026)](https://forum.mentalhealthlaw.co.uk/t/english-welsh-differences-law-society-practice-note-differences-in-english-and-welsh-law-10-september-2026/6117)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [11 September 2026 18:01 UTC](https://forum.mentalhealthlaw.co.uk/t/english-welsh-differences-law-society-practice-note-differences-in-english-and-welsh-law-10-september-2026/6117 "2026-09-11T18:01:00Z")
— This document contains information about “Health and social care” which mentions mental health law in the final sub-heading “Some law remains shared”. Full details available at: https://www.mentalhealthlaw.co.uk/Law\_… --- ## [S117 service charge and rent](https://forum.mentalhealthlaw.co.uk/t/s117-service-charge-and-rent/6056)
**Author:** [@Rax656](https://forum.mentalhealthlaw.co.uk/u/Rax656)\ **Replies:** 7\ **Last updated:** [11 September 2026 09:51 UTC](https://forum.mentalhealthlaw.co.uk/t/s117-service-charge-and-rent/6056 "2026-09-11T09:51:07Z")
I have been discharged from hospital 3 months ago and I’m eligible for s117 aftercare but the council and ICB are not funding my aftercare package. I have been placed without any choice in 24 hour supported accommodation… --- ## [Case (Aftercare complaint). London Borough of Islington (LGSCO, 25 019 236)](https://forum.mentalhealthlaw.co.uk/t/case-aftercare-complaint-london-borough-of-islington-lgsco-25-019-236/6110)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [10 September 2026 20:55 UTC](https://forum.mentalhealthlaw.co.uk/t/case-aftercare-complaint-london-borough-of-islington-lgsco-25-019-236/6110 "2026-09-10T20:55:00Z")
— Ombudsman’s summary: “We will not investigate these complaints relating to assessments of a person’s entitlement to s117 funding. Some of the issues were considered by a previous investigation. The Council and the ICB … --- ## [Case (Delay to discharge). Lancashire County Council (LGSCO, 24 022 487)](https://forum.mentalhealthlaw.co.uk/t/case-delay-to-discharge-lancashire-county-council-lgsco-24-022-487/6111)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [10 September 2026 20:40 UTC](https://forum.mentalhealthlaw.co.uk/t/case-delay-to-discharge-lancashire-county-council-lgsco-24-022-487/6111 "2026-09-10T20:40:00Z")
— The council wasted time in arranging an EMI nursing home for the patient as part of her s117 aftercare, by allocating her case to a social worker who was on sick leave, delaying reallocation, delaying the search for ac… --- ## [Case (Service charge wrongly charged under s117). London Borough of Tower Hamlets (LGSCO, 25 027 355)](https://forum.mentalhealthlaw.co.uk/t/case-service-charge-wrongly-charged-under-s117-london-borough-of-tower-hamlets-lgsco-25-027-355/6109)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [10 September 2026 20:05 UTC](https://forum.mentalhealthlaw.co.uk/t/case-service-charge-wrongly-charged-under-s117-london-borough-of-tower-hamlets-lgsco-25-027-355/6109 "2026-09-10T20:05:00Z")
— A patient was discharged from section 3 to supported accommodation. The council paid care costs directly to the supported housing provider; the patient paid, via Universal Credit, for her housing costs including a £20 … --- ## [COP/inherent jurisdiction book. Oliver Lewis, Coercive Control and Vulnerable Adults (Bloomsbury 2026)](https://forum.mentalhealthlaw.co.uk/t/cop-inherent-jurisdiction-book-oliver-lewis-coercive-control-and-vulnerable-adults-bloomsbury-2026/6108)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [10 September 2026 19:49 UTC](https://forum.mentalhealthlaw.co.uk/t/cop-inherent-jurisdiction-book-oliver-lewis-coercive-control-and-vulnerable-adults-bloomsbury-2026/6108 "2026-09-10T19:49:00Z")
— Full title: “Coercive Control and Vulnerable Adults: Law and Practice in the Court of Protection and under the Inherent Jurisdiction of the High Court”. Full details available at: https://www.mentalhealthlaw.co.uk/Ol… --- ## [Event. PELT: Introduction to using COP including s21A appeals and AGNI (online, 2 December 2026)](https://forum.mentalhealthlaw.co.uk/t/event-pelt-introduction-to-using-cop-including-s21a-appeals-and-agni-online-2-december-2026/6103)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [9 September 2026 09:09 UTC](https://forum.mentalhealthlaw.co.uk/t/event-pelt-introduction-to-using-cop-including-s21a-appeals-and-agni-online-2-december-2026/6103 "2026-09-09T09:09:00Z")
— “The Court of Protection addresses issues not only of finances but also where deprivation of liberty safeguards and procedures are authorised or challenged, disputed capacity issues are resolved, and where arguments … --- ## [Event. PELT: MCA, new definition of DOL and implications of AGNI (online, 25 November 2026)](https://forum.mentalhealthlaw.co.uk/t/event-pelt-mca-new-definition-of-dol-and-implications-of-agni-online-25-november-2026/6104)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [9 September 2026 09:07 UTC](https://forum.mentalhealthlaw.co.uk/t/event-pelt-mca-new-definition-of-dol-and-implications-of-agni-online-25-november-2026/6104 "2026-09-09T09:07:00Z")
— “This is an intensive introduction to all those who need a basic understanding of the MCA, The Court of Protection including understanding new definition of deprivation of liberty in the light of the Supreme Court in A… --- ## [Event. PELT: Introduction to MHA and Code, including DOL/AGNI (online, 18 November 2026)](https://forum.mentalhealthlaw.co.uk/t/event-pelt-introduction-to-mha-and-code-including-dol-agni-online-18-november-2026/6105)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [9 September 2026 09:05 UTC](https://forum.mentalhealthlaw.co.uk/t/event-pelt-introduction-to-mha-and-code-including-dol-agni-online-18-november-2026/6105 "2026-09-09T09:05:00Z")
— “This course is essential for those with little or no knowledge of the Mental Health Act who wish to obtain a comprehensive and up-to-date overview of the subject. The emphasis of this day is on how the law works in pr… --- ## [Event. PELT: Law Society approved 2 day MHT Course (online, 8-9 October 2026)](https://forum.mentalhealthlaw.co.uk/t/event-pelt-law-society-approved-2-day-mht-course-online-8-9-october-2026/6102)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [9 September 2026 09:00 UTC](https://forum.mentalhealthlaw.co.uk/t/event-pelt-law-society-approved-2-day-mht-course-online-8-9-october-2026/6102 "2026-09-09T09:00:00Z")
— “Everything you need to know to enable you to become accredited to represent patients at Mental Health Tribunals.” Speaker: Peter Edwards. Cost: £375 plus VAT. See PELT website for further details and booking informati… --- ## [DOLS/Court of Protection order -- advice please](https://forum.mentalhealthlaw.co.uk/t/dols-court-of-protection-order-advice-please/6087)
**Author:** [@Moojie](https://forum.mentalhealthlaw.co.uk/u/Moojie)\ **Replies:** 5\ **Last updated:** [7 September 2026 06:35 UTC](https://forum.mentalhealthlaw.co.uk/t/dols-court-of-protection-order-advice-please/6087 "2026-09-07T06:35:26Z")
My partner had a DoLS due to expire on 4 July 2026. Following s21A proceedings, the Court of Protection authorised an extension of the DoLS to 4 January 2027. The case has since been concluded The LA has subsequently re… --- ## [Event. MHLA: Panel course (London, 19-20 October 2026)](https://forum.mentalhealthlaw.co.uk/t/event-mhla-panel-course-london-19-20-october-2026/6096)
**Author:** [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Replies:** 0\ **Last updated:** [6 September 2026 22:09 UTC](https://forum.mentalhealthlaw.co.uk/t/event-mhla-panel-course-london-19-20-october-2026/6096 "2026-09-06T22:09:00Z")
— The Mental Health Lawyers Association is an approved provider of the two-day course which must be attended by prospective members of the Law Society’s accreditation scheme (formerly called the ‘panel’). Booking closes … [Next page](https://forum.mentalhealthlaw.co.uk/latest.md?page=1)