Hello So we have a patient subject to s37 issued in Jan 2023, subsequently renewed by RC - no issues - until we all came to know very recently that the patient was issued another s37 dated July 2024 for a separate offence - but the order only made its way to the hospital where the patient already i…

Yes, by virtue of s.40 (5), the July 2024 order would have ended the Jan 2023 order. You will need a s.3 if further detention is required; potentially s.5(2) in the meantime.

Just thinking about the ‘named hospital’ in the July 2024 order; s.40(5) refers to “Where a patient is admitted to a hospital in pursuance of a hospital order…” and so in the scenario you describe, it is possible that the order was not followed and therefore did not end the January 2023 order. Do yo…

Hi The named admitting hospital in the July 2024 order is the same hospital the patient was admitted to under the previous 2023 order (with errors in the postal address) - however it has the wrong address in the order for 2024 - under the defendants details (correct name/demographics of the defenda…

I expect you need quick answers so here’s my instinctive response! I agree with you and Guy about the second one ending the first one, and the approach to take now. I think you mean the patient had been transferred since the first hospital order, but the second hospital order named the first hospit…

Thanks - patient is always informed of the issues/errors/ legal status, given an apology, offered IMHA support, and informed of their right to submit a complaint to the Trust and CQC in respect of the factors leading to any period of unlawful detention/treatment. My concern is the poor communicatio…

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Queries about second unrestricted hospital order

Law and practice Mental Health Act

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