Would there be a seperate Hospital order when 49 restrictions have expired and the Section 47/49 is now a Section 37
Hi Emily! When a 49 direction expires and the custodial element ends, the patient is then only on s.47, rather than s.47/49.
For some reason the legal world has decided to call a s.47 a “Notional 37,” even though the patient isn’t actually under a s.37 hospital order. It’s a bit of a misnomer, but that’s the terminology that’s stuck.
This is covered in MHA s50. They will remain in hospital AS IF they were subject to an unrestricted hospital order under s37, and it’s generally referred to as a Nominal s37.