# MHA responsibility after Section 3 invalid and OOA

**URL:** <https://forum.mentalhealthlaw.co.uk/t/mha-responsibility-after-section-3-invalid-and-ooa/3409>\
**Category:** Mental Health Act\
**Tags:** mha-assessment\
**Created:** [7 March 2025 17:56 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-responsibility-after-section-3-invalid-and-ooa/3409 "2025-03-07T17:56:14Z")\
**Posts on this page:** 3\
**Page:** 1

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**Author:** ![son\_peach](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/b38774/32.png) [@son\_peach](https://forum.mentalhealthlaw.co.uk/u/son_peach)\
**Post date:** [7 March 2025 17:56 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-responsibility-after-section-3-invalid-and-ooa/3409/1 "2025-03-07T17:56:14Z")

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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.

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**Author:** ![Richard\_Rook](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/r/ecb155/32.png) [@Richard\_Rook](https://forum.mentalhealthlaw.co.uk/u/Richard_Rook)\
**Post date:** [7 March 2025 18:58 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-responsibility-after-section-3-invalid-and-ooa/3409/2 "2025-03-07T18:58:34Z")

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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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**Author:** ![CaptainWalker](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/captainwalker/32/159_2.png) [@CaptainWalker](https://forum.mentalhealthlaw.co.uk/u/CaptainWalker)\
**Post date:** [7 March 2025 21:01 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-responsibility-after-section-3-invalid-and-ooa/3409/3 "2025-03-07T21:01:20Z")

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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’. 😆