# Six-month reference after end of s49 restrictions **URL:** \ **Category:** Mental Health Tribunal\ **Tags:** referral\ **Created:** [30 October 2026 15:38 UTC](https://forum.mentalhealthlaw.co.uk/t/six-month-reference-after-end-of-s49-restrictions/6252 "2026-10-30T15:38:50Z")\ **Posts on this page:** 4\ **Page:** 1
**Author:** ![KeithJames3768](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/db5fbb/32.png) [@KeithJames3768](https://forum.mentalhealthlaw.co.uk/u/KeithJames3768)\ **Post date:** [30 October 2026 15:38 UTC](https://forum.mentalhealthlaw.co.uk/t/six-month-reference-after-end-of-s49-restrictions/6252/1 "2026-10-30T15:38:50Z")
Hello A hospital administrator has asked me about this issue and if they have to refer after 6 months if the patient does not apply in the first 6 months.There seems to be some confusion over this.My reading is that if they start on section 47/49 and then go onto notiona 37,47,they can apply in the first 6 months,but there is no obligation to refer to the tribunal after 6 months,if they don’t.Is that right? ---
**Author:** ![Richard\_Rook](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/r/ecb155/32.png) [@Richard\_Rook](https://forum.mentalhealthlaw.co.uk/u/Richard_Rook)\ **Post date:** [30 October 2026 17:09 UTC](https://forum.mentalhealthlaw.co.uk/t/six-month-reference-after-end-of-s49-restrictions/6252/2 "2026-10-30T17:09:50Z")
I agree. The managers’ duty to refer patients after six months is in subsection (2) of section 68 MHA. That subsection does not (for the most part) apply to Part 3 patients - see paras 2 & 10 of Part 1 of Schedule 1. ---
**Author:** ![patricia](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/p/8dc957/32.png) [@patricia](https://forum.mentalhealthlaw.co.uk/u/patricia)\ **Post date:** [2 November 2026 13:51 UTC](https://forum.mentalhealthlaw.co.uk/t/six-month-reference-after-end-of-s49-restrictions/6252/3 "2026-11-02T13:51:12Z")
We had similar questions recently.. please see confirmation received. Good afternoon, Please see below the further advice we have received from the judiciary. The position is slightly different for S.37 and S.37(N) cases. As stated, **_no 6-month reference takes place for S.37 cases_** – this is because the court have considered the case when the sentence was made. The patient is not eligible to apply to the tribunal within that first 6-month period. With S.37(N) cases, the provisions of S.41(5) mean that the start date for calculating when the referral should be made is the date on which restrictions have ended. **_No 6-month referral is made_** but the patient is eligible to apply in these cases within that first 6-month period as the court have not considered the case when the ‘notional’ hospital order takes effect. Note that the referral is after 12-months if the patient is under 18. Also, the Secretary of State has a discretionary power to refer." Hope this helps ---
**Author:** ![ZacSussex](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/z/e8c25b/32.png) [@ZacSussex](https://forum.mentalhealthlaw.co.uk/u/ZacSussex)\ **Post date:** [2 November 2026 22:32 UTC](https://forum.mentalhealthlaw.co.uk/t/six-month-reference-after-end-of-s49-restrictions/6252/4 "2026-11-02T22:32:06Z")
> With S.37(N) cases, the provisions of S.41(5) mean that the start date for calculating when the referral should be made is the date on which restrictions have ended. That’s correct but s.41(5) also states that the provisions of Part I of Schedule 1 MHA 1983 apply. Richard correctly points to Paras 2 and Paras 10 of this Schedule. > Para 2 > Sections […] 68 shall apply in relation to the patient with the modifications specified in paragraphs 2A to 10 below. > Para 10 > In section 68– > (a) […] > (b) subsections (2) to (5) shall apply if the patient falls within paragraph (e) of subsection (1) but not otherwise. So, s.68 applies but it disregards s.68(2)-(5) unless the patient is transferred from guardianship to hospital under s.19 (which is a very unusual case). S.68(3)-(5) are just additional qualifiers to s.68(2). S.68(2) is the six-month reference and is therefore disapplied. This is quite a clear statutory route to follow to conclude that six-month references do not apply to s.37 Notional patients. > Note that the referral is after 12-months if the patient is under 18. This is correct, but only by virtue of s.68(6) which is the three-year reference for over 18s which becomes a twelve-month reference for under 18s. I think that response may have been provided by a well-meaning HMCTS employee rather than a member of the judiciary, as Judges do not generally provide anything akin to legal advice. In any event, I think it’s relatively non-contentious that six-month referrals do not apply to Notional 37 patients. The more interesting question would be when the clock starts for a 3-year reference after s.49 restrictions have ended 😄