# S.5(2) transfer

**URL:** <https://forum.mentalhealthlaw.co.uk/t/s-5-2-transfer/744>\
**Category:** Mental Health Act\
**Created:** [24 January 2022 09:49 UTC](https://forum.mentalhealthlaw.co.uk/t/s-5-2-transfer/744 "2022-01-24T09:49:41Z")\
**Posts on this page:** 5\
**Page:** 1

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**Author:** ![metoo](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/7feea3/32.png) [@metoo](https://forum.mentalhealthlaw.co.uk/u/metoo)\
**Post date:** [24 January 2022 09:49 UTC](https://forum.mentalhealthlaw.co.uk/t/s-5-2-transfer/744/1 "2022-01-24T09:49:41Z")

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Hi under the 1983 amended act - is there a transfer for s.5(2) patients to general hospital

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**Author:** ![Steviek](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/f04885/32.png) [@Steviek](https://forum.mentalhealthlaw.co.uk/u/Steviek)\
**Post date:** [24 January 2022 19:39 UTC](https://forum.mentalhealthlaw.co.uk/t/s-5-2-transfer/744/2 "2022-01-24T19:39:01Z")

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Hya Sharon  
I don’t think there is a specific power to transfer or move but I guess under certain circumstances it might be done under best interests law!  
Steve

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**Author:** ![SocialWorkerGary](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/socialworkergary/32/296_2.png) [@SocialWorkerGary](https://forum.mentalhealthlaw.co.uk/u/SocialWorkerGary)\
**Post date:** [24 January 2022 19:56 UTC](https://forum.mentalhealthlaw.co.uk/t/s-5-2-transfer/744/3 "2022-01-24T19:56:35Z")

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Hi,

You’re right, there is no power to convey under any of the s5 MHA powers, it’s just a holding power to facilitate MHA assessment.

Gary

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**Author:** ![helen](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/h/a88e57/32.png) [@helen](https://forum.mentalhealthlaw.co.uk/u/helen)\
**Post date:** [31 January 2022 09:29 UTC](https://forum.mentalhealthlaw.co.uk/t/s-5-2-transfer/744/4 "2022-01-31T09:29:37Z")

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Hi, once the patient is transferred to a different Responsible Authority, the Section 5(2) will lapse (transfer between wards of the same Trust is fine!). The conveyance would need to be done with capacitious consent or under MCA and upon arrival a fresh 5(2) implemented, if criteria met.

Helen

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**Author:** ![metoo](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/7feea3/32.png) [@metoo](https://forum.mentalhealthlaw.co.uk/u/metoo)\
**Post date:** [10 July 2024 07:51 UTC](https://forum.mentalhealthlaw.co.uk/t/s-5-2-transfer/744/5 "2024-07-10T07:51:29Z")

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are you able to point me to any legal texts which state this?