Hi all i am aware that a detained individual can be transferred from hospital to the Guardianship of the LSSA. This has the effect of using the existing medical applications and recommendations to hospital as if they were originally for Guardianship - Section 19 (2)(b). i have had experience of doing this with patients who are on a section 3 and a Hospital Order Section 37 , however can anyone advise me if this process is still applicable to a ‘notional 37’ , just thinking out loud there would have been no court order / original med recs?
cant seem to find anything that relates to this in my searches, any support would as ever be gratefully received
Yes, notional s37 patients can be transferred to guardianship. See para 10.35 of the MHA Reference Guide for an official statement to that end. As it says, transfer to guardianship orders applies to unrestricted hospital orders, unrestricted transfer directions and (unrestricted) hospital directions - and notional s37 patients are, by definition, subject to one of the latter two.
Old medical recommendations etc aren’t actually part of the process at all. Transferred patients are treated as if they had been originally made subect to a guardianship instead of detention, but that is really just a device to make clear when the next renewal date is.
