# Timing discharge of MHA detention with start of MCA detention **URL:** \ **Category:** Mental Health Act\ **Tags:** mha-forms\ **Created:** [17 August 2023 13:16 UTC](https://forum.mentalhealthlaw.co.uk/t/timing-discharge-of-mha-detention-with-start-of-mca-detention/1792 "2023-08-17T13:16:00Z")\ **Posts on this page:** 5\ **Page:** 1
**Author:** ![hewitth](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/h/db5fbb/32.png) [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Post date:** [17 August 2023 13:16 UTC](https://forum.mentalhealthlaw.co.uk/t/timing-discharge-of-mha-detention-with-start-of-mca-detention/1792/1 "2023-08-17T13:16:00Z")
Hi Might be a silly question, if a patient is on a S3 and is going to be transferred, a COPDOLS has just be submitted for their new placement. Does the RC have to rescind the S3, how and when does the S3 end, and when does the DOLS start. Thanks ---
**Author:** ![pennycram](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/p/8edcca/32.png) [@pennycram](https://forum.mentalhealthlaw.co.uk/u/pennycram)\ **Post date:** [17 August 2023 14:59 UTC](https://forum.mentalhealthlaw.co.uk/t/timing-discharge-of-mha-detention-with-start-of-mca-detention/1792/2 "2023-08-17T14:59:22Z")
Depends whether the patient is to be discharged from s3 to the placement, or transferred…Both MHA & MCA can run concurrently depending on the circumstances…is patient till meeting criteria for detention under the Act, is this trial leave? ---
**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:** [17 August 2023 15:01 UTC](https://forum.mentalhealthlaw.co.uk/t/timing-discharge-of-mha-detention-with-start-of-mca-detention/1792/3 "2023-08-17T15:01:23Z")
The s3 doesn’t end until it is discharged, or expires and isn’t renewed. A DOLS authorisation doesn’t automatically end the s3. But if there is no need for the s3 to continue alongside the DOLS (ie the patient is in fact being discharged, not going on leave), the RC ought to discharge it. An urgent DOLS authorisation comes into force when it is given. A standard authorisation comes into force when it is given, unless it specifies a later start. A court authorised DOLS comes into force when it says it does. In a case like this, presumably you’d want the DOLS to start on the day the person moves into the new accommodation. A DOLS authorisation and s3 can normally exist in parallel, as long as the person isn’t still detained in hospital. If the patient is in hospital under s3 they are ineligible for DOLS - so an urgent authorisation can’t be given until they’ve moved to the new accommodation and a standard/court authorisation could only be given prospectively to start from when they move. ---
**Author:** ![SteveC](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/ecb155/32.png) [@SteveC](https://forum.mentalhealthlaw.co.uk/u/SteveC)\ **Post date:** [17 August 2023 15:31 UTC](https://forum.mentalhealthlaw.co.uk/t/timing-discharge-of-mha-detention-with-start-of-mca-detention/1792/4 "2023-08-17T15:31:01Z")
The original post talks about COPDOL so I presume the discharge is not to registered care. This of course will make it more complex as it will require COP authorisation. Sounds like a well thought out timescale will need to be put to the judge so the two regimes are consecutive to avoid a period of unlawful DoL If it was to registered care the a DoLS assessment could and should be done as part of the discharge planning, and completed before discharge (as per DoLS code guidance) rather than discharge then expect the care home to make an urgent authorisation. The supervisory body can grant the authorisation at a future point. ---
**Author:** ![hewitth](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/h/db5fbb/32.png) [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Post date:** [18 August 2023 07:45 UTC](https://forum.mentalhealthlaw.co.uk/t/timing-discharge-of-mha-detention-with-start-of-mca-detention/1792/5 "2023-08-18T07:45:41Z")
> [@Richard\_Rook](#): > > The s3 doesn’t end until it is discharged, or expires and isn’t renewed. > > A DOLS authorisation doesn’t automatically end the s3. But if there is no need for the s3 to continue alongside the DOLS (ie the patient is in fact being discharged, not going on leave), the RC ought to discharge it. > > An urgent DOLS authorisation comes into force when it is given. A standard authorisation comes into force when it is given, unless it specifies a later start. A court authorised DOLS comes into force when it says it does. > > In a case like this, presumably you’d want the DOLS to start on the day the person moves into the new accommodation. > > A DOLS authorisation and s3 can normally exist in parallel, as long as the person isn’t still detained in hospital. > > If the patient is in hospital under s3 they are ineligible for DOLS - so an urgent authorisation can’t be given until they’ve moved to the new accommodation and a standard/court authorisation could only be given prospectively to start from when they move. Many thanks or all your replies