# Change in status from s48/49 to s37/41 **URL:** \ **Category:** Mental Health Tribunal\ **Tags:** status-change\ **Created:** [30 November 2022 21:20 UTC](https://forum.mentalhealthlaw.co.uk/t/change-in-status-from-s48-49-to-s37-41/1385 "2022-11-30T21:20:01Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![Porolli](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/p/13edae/32.png) [@Porolli](https://forum.mentalhealthlaw.co.uk/u/Porolli)\ **Post date:** [30 November 2022 21:20 UTC](https://forum.mentalhealthlaw.co.uk/t/change-in-status-from-s48-49-to-s37-41/1385/1 "2022-11-30T21:20:02Z")
I have a client who applied for a tribunal when on s48/49 and who has now been put on s37/41. Apologies for the simple question but I cannot find a definitive answer as to whether the date which has been set can be retained to consider the s37/41 criteria. I have found case law relating to 47/49. Does anyone know of any 48/49 case law? ---
**Author:** ![Bloodyromans](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/b/7ba0ec/32.png) [@Bloodyromans](https://forum.mentalhealthlaw.co.uk/u/Bloodyromans)\ **Post date:** [30 November 2022 21:36 UTC](https://forum.mentalhealthlaw.co.uk/t/change-in-status-from-s48-49-to-s37-41/1385/2 "2022-11-30T21:36:03Z")
The 48/49 becomes nil and void and And so to does the application ---
**Author:** ![Porolli](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/p/13edae/32.png) [@Porolli](https://forum.mentalhealthlaw.co.uk/u/Porolli)\ **Post date:** [1 December 2022 07:26 UTC](https://forum.mentalhealthlaw.co.uk/t/change-in-status-from-s48-49-to-s37-41/1385/3 "2022-12-01T07:26:43Z")
Thank you. Can you direct me to where this is said? ---
**Author:** ![Bloodyromans](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/b/7ba0ec/32.png) [@Bloodyromans](https://forum.mentalhealthlaw.co.uk/u/Bloodyromans)\ **Post date:** [1 December 2022 07:44 UTC](https://forum.mentalhealthlaw.co.uk/t/change-in-status-from-s48-49-to-s37-41/1385/4 "2022-12-01T07:44:43Z")
Try [section 40](https://www.mentalhealthlaw.co.uk/MHA_1983_s40)(5) Louise. I think that is it ---
**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:** [1 December 2022 13:41 UTC](https://forum.mentalhealthlaw.co.uk/t/change-in-status-from-s48-49-to-s37-41/1385/5 "2022-12-01T13:41:27Z")
I’m sure that the s48/49 ends when the s37/41 begins. I’m not sure it’s because of s40(5). But I don’t think the ending of the section is decisive – for example, s2 automatically ends when s3 begins ([s6](https://www.mentalhealthlaw.co.uk/MHA_1983_s6)(4)) but the tribunal retain jurisdiction to hear a s2 application/reference even when the patient is detained under s3 ([R (M) v South Thames MHRT [1997] EWHC Admin 797](https://www.mentalhealthlaw.co.uk/R_(M)_v_South_Thames_MHRT_(1997)_EWHC_Admin_797)). There are no cases directly about your scenario. It has similarities with the case you found ([CS v Elysium Healthcare [2021] UKUT 186 (AAC)](https://www.mentalhealthlaw.co.uk/CS_v_Elysium_Healthcare_(2021)_UKUT_186_(AAC))) in which the tribunal retained jurisdiction despite a change from s47/49 to s37/41 essentially because the patient had “remained throughout a restricted patient”. Unless there is a strong countervailing public policy reason – as in [GM v Dorset Healthcare University NHS Foundation Trust [2020] UKUT 152 (AAC)](https://www.mentalhealthlaw.co.uk/GM_v_Dorset_Healthcare_University_NHS_Foundation_Trust_(2020)_UKUT_152_(AAC)) which involved a change from s3 to s37 – I imagine you would get the same answer. ---
**Author:** ![Porolli](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/p/13edae/32.png) [@Porolli](https://forum.mentalhealthlaw.co.uk/u/Porolli)\ **Post date:** [1 December 2022 14:51 UTC](https://forum.mentalhealthlaw.co.uk/t/change-in-status-from-s48-49-to-s37-41/1385/6 "2022-12-01T14:51:57Z")
thank you Jonathan ---
**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 January 2023 22:17 UTC](https://forum.mentalhealthlaw.co.uk/t/change-in-status-from-s48-49-to-s37-41/1385/7 "2023-01-06T22:17:24Z")
What happened in the end @Porolli?