# S37/41 Discharge to victim's address

**URL:** <https://forum.mentalhealthlaw.co.uk/t/s37-41-discharge-to-victims-address/2544>\
**Category:** Mental Health Tribunal\
**Created:** [2 July 2024 14:24 UTC](https://forum.mentalhealthlaw.co.uk/t/s37-41-discharge-to-victims-address/2544 "2024-07-02T14:24:37Z")\
**Posts on this page:** 3\
**Page:** 1

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**Author:** ![Sophie\_Holloway](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/a88e4f/32.png) [@Sophie\_Holloway](https://forum.mentalhealthlaw.co.uk/u/Sophie_Holloway)\
**Post date:** [2 July 2024 14:24 UTC](https://forum.mentalhealthlaw.co.uk/t/s37-41-discharge-to-victims-address/2544/1 "2024-07-02T14:24:37Z")

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I have a client detained under s37/41 and the victim of the offence is his mother. Mother would like to have him reside back home but team are obviously concerned. I should say that patient is ready for discharge.

Has anyone had any successful Tribunals where the patient has gone back to where the victim resides in a restricted case?

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**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\
**Post date:** [6 December 2024 23:17 UTC](https://forum.mentalhealthlaw.co.uk/t/s37-41-discharge-to-victims-address/2544/2 "2024-12-06T23:17:09Z")

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I assume from the lack of response that this is rare. I’ve not come across it. How did the tribunal go?

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**Author:** ![Sophie\_Holloway](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/a88e4f/32.png) [@Sophie\_Holloway](https://forum.mentalhealthlaw.co.uk/u/Sophie_Holloway)\
**Post date:** [9 December 2024 09:58 UTC](https://forum.mentalhealthlaw.co.uk/t/s37-41-discharge-to-victims-address/2544/3 "2024-12-09T09:58:53Z")

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Hi Jonathan,

Although mum was willing to have him home, client changed his mind and decided that he wanted some independence and so chose to accept supported accommodation instead.

However, I did receive an email from an independent social worker who was instructed on another case of mine at the time and saw the post. I’m sure he won’t mind me sharing that he had been involved where patient had gone back to live with victim and the Tribunal panel was persuaded by evidence of structured social work intervention, psycho-educational work, Victim’s representation through the VLO, Restorative justice/family therapy, the extent of the victim’s involvement in the care and treatment of the patient, updated HCR-20 and victim’s representation at the hearing.

Independent Social Worker was Steven Jusu - great expert report, would definitely recommend.