# Confusion over patient's legal status after restricted hospital order received from court but not from MOJ

**URL:** <https://forum.mentalhealthlaw.co.uk/t/confusion-over-patients-legal-status-after-restricted-hospital-order-received-from-court-but-not-from-moj/3692>\
**Category:** Mental Health Act\
**Created:** [22 May 2025 08:14 UTC](https://forum.mentalhealthlaw.co.uk/t/confusion-over-patients-legal-status-after-restricted-hospital-order-received-from-court-but-not-from-moj/3692 "2025-05-22T08:14:00Z")\
**Posts on this page:** 3\
**Page:** 1

<div class="post-metadata">

**Author:** ![anonymous34](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/ebca7d/32.png) [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\
**Post date:** [22 May 2025 08:14 UTC](https://forum.mentalhealthlaw.co.uk/t/confusion-over-patients-legal-status-after-restricted-hospital-order-received-from-court-but-not-from-moj/3692/1 "2025-05-22T08:14:00Z")

</div>

Hi

On the 14/04/2025 we received a s37 hospital order dated 31/03/2025 - recommending restrictions under s41. We chased the MOJ for the warrant - the MOJ said they hadn’t received the paperwork from the court - we sent them the court order we received - and have since April been chasing up the MOJ but without any success.

Do we treat the patient as though they are on s37 or s37/41 despite not receiving the paperwork from the MOJ.

Please advise.

---

<div class="post-metadata">

**Author:** ![GuyDavis](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/g/eb9ed0/32.png) [@GuyDavis](https://forum.mentalhealthlaw.co.uk/u/GuyDavis)\
**Post date:** [22 May 2025 12:00 UTC](https://forum.mentalhealthlaw.co.uk/t/confusion-over-patients-legal-status-after-restricted-hospital-order-received-from-court-but-not-from-moj/3692/2 "2025-05-22T12:00:23Z")

</div>

It is the order of the court that gives authority to convey to and detain in hospital (see s.40(1)), so yes, the person has been detained subject to ss.37 & 41 effective from 31/03/25.  
Did the court state that it ‘recommends’ restrictions under s.41? The court can only ‘order’ a restriction order, because nobody else can make it.

---

<div class="post-metadata">

**Author:** ![anonymous34](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/ebca7d/32.png) [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\
**Post date:** [22 May 2025 13:17 UTC](https://forum.mentalhealthlaw.co.uk/t/confusion-over-patients-legal-status-after-restricted-hospital-order-received-from-court-but-not-from-moj/3692/3 "2025-05-22T13:17:30Z")

</div>

Hi

It says ‘the court further ordered that the defendant should be subject to the special restrictions of section 41 of the Mental Health Act 1983’.

Apologies I think it was the layout of old court orders compared to the current very basic ones that has thrown me off as though something additional is missing - when it wasn’t.

Thank you.