Hi
Patient currently in hospital subject to s2 of the MHA. Nearest relative objected to the s3 going ahead and LA submitted an application to displace the patient. S2 extended by virtue of s29(4). Displacement proceedings still on-going.
My question is can the patient be transferred into Guardianship with agreement of the LA by way of form G6 or is it best to wait for the displacement proceedings to conclude?
Thanking you in advance.
I don’t see any reason to wait for the displacement proceedings to be concluded.
In fact, if the displacement is being sought on the grounds that the NR is unreasonably objecting to S3, wouldn’t it be perverse to continue the proceedings, because S3 is no longer being proposed ? By agreeing to guardianship, the LA is effectively concurring with the NR’s view that S3 is unnecessary, so the application to displace ought to be withdrawn.
Sorry, realised I misread your original post, and thought it said the NR had agreed to the transfer to guardianship.
If the LA is worried the NR will immediately discharge the patient from guardianship after the transfer, then it might make sense to delay the transfer until the displacement proceedings are concluded.
The AMHP would have to change their grounds for applying for displacement (I assume that’s possible), and the RC and hospital managers would have to be satisfied that continued detention is justified - effectively that it would not be safe to discharge the patient without guardianship being in place.