Commencement date of s37 detention following transfer from Scotland

Law and practice Mental Health Act
1

I have a client who back in April 2024 was made subject to the Scottish Section 37. In November 2024 she was transferred to a hospital in England and is now subject to the English Section 37. She wants to appeal For the purposes of calculating when the order started am I right in saying it is from November 2024 and not April 2024

2

Yes you’re right Mike.

https://www.mentalhealthlaw.co.uk/New_cross-border_arrangements_for_leave_and_transfer#:~:text=For%20example%2C%20a%20patient%20may,on%20a%20more%20regular%20basis.

3

Yes. But although the s37 is treated as starting from the date of the transfer, a Tribunal application can be made immediately, there’s no six month wait - s69(2)(a).