Restricted patient hospital transfer while on long s17 leave

Law and practice Mental Health Act
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1

Hi
If a patient is on S17 at a community placement, the hospital holding his S3 papers is due to close, the patients papers need to be transferred to another hospital which has accepted him. Does the patient have to go physically to the new hospital to be clerked in and for them to complete the H4, or can the two hospitals just complete the H4 with him staying on his S17.
Thanks

2

Hi
Sorry re my last post the patient is under a S37/41, not a s3
Thanks

3

Ideally that will be the best practice.

4

Hi Heather, The Ministry of Justice would issue directions for transfer for restricted patients. The RC would need to notify the MoJ of the issue and directions will be issued to authorise transfer.

5

Well, as the MoJ is comfortable with the concept of a ‘virtual recall’ to take someone off conditional discharge and place them on S17 leave instead, I’m sure they won’t struggle with a virtual admission to enable S17 leave to be granted from a new hospital.

and the recall will only be a technicality (i.e. the patient should not actually be physically returned to hospital).

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6

Whilst I appreciate the practical issue of the original hospital closing down, the wording in s.19(4) states “Regulations made under this section may make provision for regulating the conveyance to their destination…”, with regulation 7(2)(b) stating “…managers are satisfied that arrangements have been made for the admission of the patient to the hospital to which the patient is being transferred within a period of 28 days…”

Part 2 of the H4 transfer form which the receiving hospital should complete states “This patient was transferred to… in pursuance of this authority for transfer and admitted to that hospital on…”

This suggests that there must be an intention for the patient to be physically admitted to the receiving hospital and so if that does not happen within the 28 day time limit, the authority to transfer will potentially be of no effect.

I note that in the MHA Manual, Richard states (I think) that where the patient is on leave, the transfer can be effected without the need for admission to the receiving hospital, so I may have missed something!

7

Sorry is there anyone that could reply to my original post for a patient on a S3 aswell.
Thanks