Scenario - patient in secure care transferred from Place A to Place B whilst under Section 3. Place A did the initial MHAA for S2 and S3 and is ordinarily resident there. Whilst in Place B renewal of Section 3 completed on a number of occasions, however last renewal found to be invalid so now under 5(2) and MHA requested. Neither Place A or Place B are accepting responsibility to complete MHA - advise please - my thinking is as no longer under Part 2 of MHA reset position and Place B now need to complete the MHAA.
I agree. The patient isn’t currently detained under s2, so the exception in s13(1B) can’t apply. The patient is “within [the] area” of the authority that covers Place B, so s13(1) puts the duty on that authority to arrange for an AMHP to consider the case.
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I advise no one. I state my opinion as I have no fiduciary duties to anyone in social media forums. My opinions are not binding on anyone.
In similar circumstances a few months ago, I wrote ‘firm’ letters to two Chief Execs with veiled threats to involve Parliamentary Ombudsmen and MPs. The matter was sorted pronto.
As I am not everybody nor everybody me, I do not recommend the above to anybody. I learn manipulative tactics from patients and their relatives, and those tactics seem to work.
This does not mean ‘I’m a PD’. 