# Challenging perceived risk (no longer allowed to self-medicate) **URL:** \ **Category:** Mental Health Tribunal\ **Created:** [23 November 2025 10:20 UTC](https://forum.mentalhealthlaw.co.uk/t/challenging-perceived-risk-no-longer-allowed-to-self-medicate/4694 "2025-11-23T10:20:31Z")\ **Posts on this page:** 9\ **Page:** 1
**Author:** ![anonymous60](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/e9a140/32.png) [@anonymous60](https://forum.mentalhealthlaw.co.uk/u/anonymous60)\ **Post date:** [23 November 2025 10:20 UTC](https://forum.mentalhealthlaw.co.uk/t/challenging-perceived-risk-no-longer-allowed-to-self-medicate/4694/1 "2025-11-23T10:20:31Z")
Hello. Please can somebody advise on how to challenge an RC’s perceived risk and subsequent management of a S47/49 patient who has successfully won a tribunal and does not need hospital treatment. Despite patient denying any overdose intent or suicidal intent, and has successfully been self managing their own medication for several months, has now been told they can no longer manage their own medication “just in case” they act impulsively. They are not entitled to a Mental Health Solicitor to challenge their RC, due to winning the tribunal and the advocacy service are not very helpful. Patient is currently transitioning into supported accommodation and mental health has not declined. Thank you ---
**Author:** ![Karen](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/7feea3/32.png) [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Post date:** [23 November 2025 16:36 UTC](https://forum.mentalhealthlaw.co.uk/t/challenging-perceived-risk-no-longer-allowed-to-self-medicate/4694/2 "2025-11-23T16:36:53Z")
I am a bit confused about this. You say that the patient ‘won’ their tribunal. Do you mean that they are remaining in hospital ( with some s17 leave to the community) whilst awaiting their parole hearing? They will need a solicitor for the parole hearing so either they or the solicitor who represented them at the Tribunal should be able to help with this. ---
**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Post date:** [23 November 2025 16:46 UTC](https://forum.mentalhealthlaw.co.uk/t/challenging-perceived-risk-no-longer-allowed-to-self-medicate/4694/3 "2025-11-23T16:46:12Z")
> [@anonymous60](#): > > They are not entitled to a Mental Health Solicitor to challenge their RC, due to winning the tribunal I don’t think that is true. Mental health solicitors don’t _only_ represent patients at tribunals (or at least they shouldn’t). But in any event, the prison law solicitor should know enough about the system to look into this – it’ll be relevant to the Parole Board hearing after all. ---
**Author:** ![ZacSussex](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/z/e8c25b/32.png) [@ZacSussex](https://forum.mentalhealthlaw.co.uk/u/ZacSussex)\ **Post date:** [23 November 2025 17:11 UTC](https://forum.mentalhealthlaw.co.uk/t/challenging-perceived-risk-no-longer-allowed-to-self-medicate/4694/4 "2025-11-23T17:11:03Z")
Once the patient leaves hospital they’ll only be subject to conditions arising from their licence. It will be down to the parole board to set conditions. I think it’s most appropriate to be litigated at the parole hearing as to the exact wording of any condition specifying medication compliance. ---
**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Post date:** [23 November 2025 17:33 UTC](https://forum.mentalhealthlaw.co.uk/t/challenging-perceived-risk-no-longer-allowed-to-self-medicate/4694/5 "2025-11-23T17:33:51Z")
[Parole Board, ‘Licence conditions: Member guidance’ (v2.1, October 2022)](https://www.mentalhealthlaw.co.uk/Parole_Board,_%27Licence_conditions:_Member_guidance%27_(v2.1,_October_2022)) says: > 22.3 The following licence conditions are likely to apply in these cases: > > > 3(a) Attend all appointments arranged for you with a psychiatrist / psychologist / medical practitioner. > > 3(b) Receive home visits from [INSERT NAME or “a” if name not known] Mental Health Worker > > 22.4 The above licence conditions require the prisoner to attend appointments but do not require the prisoner to undergo treatment. > > 22.5 Panels cannot impose a condition that requires a prisoner to comply with treatment. It would be good to get this resolved before the hearing. Any concern about compliance could be relevant, though it may be that the current arrangements (whatever they are) could continue after release. ---
**Author:** ![anonymous60](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/e9a140/32.png) [@anonymous60](https://forum.mentalhealthlaw.co.uk/u/anonymous60)\ **Post date:** [4 December 2025 17:39 UTC](https://forum.mentalhealthlaw.co.uk/t/challenging-perceived-risk-no-longer-allowed-to-self-medicate/4694/6 "2025-12-04T17:39:17Z")
The mental health solicitor that was assigned to the patient was asked if they could still represent them and was told that they are technically no longer detained under the mental health act as they no longer need hospital treatment. The solicitor is only criminal and prisoner law for the parole hearing and has said it is not within their field of expertise. ---
**Author:** ![anonymous60](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/e9a140/32.png) [@anonymous60](https://forum.mentalhealthlaw.co.uk/u/anonymous60)\ **Post date:** [4 December 2025 17:39 UTC](https://forum.mentalhealthlaw.co.uk/t/challenging-perceived-risk-no-longer-allowed-to-self-medicate/4694/7 "2025-12-04T17:39:32Z")
The patient is fully compliant with medication and has been responsibly administering it herself. The doctor is making decisions based on his fear of impulsively even though there is no cause for concern. ---
**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Post date:** [6 December 2025 00:02 UTC](https://forum.mentalhealthlaw.co.uk/t/challenging-perceived-risk-no-longer-allowed-to-self-medicate/4694/8 "2025-12-06T00:02:17Z")
It sounds like the patient is falling between two stools. > [@anonymous60](#): > > The mental health solicitor that was assigned to the patient was asked if they could still represent them and was told that they are technically no longer detained under the mental health act as they no longer need hospital treatment. What the patient has been told is incorrect. He _is_ still detained under the Mental Health Act, and a mental health solicitor could still advise him under Legal Help (the Legal Aid scheme we use for non-tribunal matters). However… > [@anonymous60](#): > > The solicitor is only criminal and prisoner law for the parole hearing and has said it is not within their field of expertise. This is the real problem. The patient need a mental health solicitor who can do the Parole Board, or a crime/prison solicitor who understands the case. ---
**Author:** ![Karen](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/7feea3/32.png) [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Post date:** [6 December 2025 07:42 UTC](https://forum.mentalhealthlaw.co.uk/t/challenging-perceived-risk-no-longer-allowed-to-self-medicate/4694/9 "2025-12-06T07:42:05Z")
It is very concerning if the MH solicitor does not understand the law and the Prison lawyer is saying it is outside their field of expertise - as there are prison lawyers who regularly represent patients in this situation and they need knowledge of MH matters. I think the patient should approach another experienced MH lawyer who could open a new file to advise on the medication issue and should also be able to liaise with the Prison lawyer.