Can DOLS sit together with section 2 MHA

Law and practice Mental Health Act
1

A family court order DOLS to continue at a review hearing in circumstances where the patient has since been detained under s2? The original DOLS was made in APRIL to last till July. Review hearing set up May.

This concerns an 8 year old.

At review hearing family court continued the DOLS to avoid an emergency application being issued in the event the hospital did not place under s3 and on the basis DOLS likely to be made anyway!

My thought is that DOLS is superfluous given the existing s2, and given the very draconian nature of DOLS its imperative the LA shd come back to issue fresh application and statement

What do you think?

2

Can’t be a Dols the young person does not meet the eligibility criteria. Sounds to me like a Court authorised Dol and my view is the MHA provision will take precedence until the doctors decide whether treatment pursuant to the MHA is needed. At which point the family court will need to decide whether the further use of the DoL order is necessary.