# Understanding the practicalities of moving someone from MSU to rehab

**URL:** <https://forum.mentalhealthlaw.co.uk/t/understanding-the-practicalities-of-moving-someone-from-msu-to-rehab/2883>\
**Category:** Mental Health Act\
**Created:** [29 October 2024 18:19 UTC](https://forum.mentalhealthlaw.co.uk/t/understanding-the-practicalities-of-moving-someone-from-msu-to-rehab/2883 "2024-10-29T18:19:56Z")\
**Posts on this page:** 3\
**Page:** 1

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**Author:** ![rachael.sanderson](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/r/c68b51/32.png) [@rachael.sanderson](https://forum.mentalhealthlaw.co.uk/u/rachael.sanderson)\
**Post date:** [29 October 2024 18:19 UTC](https://forum.mentalhealthlaw.co.uk/t/understanding-the-practicalities-of-moving-someone-from-msu-to-rehab/2883/1 "2024-10-29T18:19:56Z")

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From a legal perspective, if you had a patient in a medium secure service under a forensic section of the Mental Health Act and wanted to move them to a rehabilitation service that was not based on the medium secure site but elsewhere in the community, what would be involved?

And as a follow up question, if the patient is under a forensic section, would it be possible to go ahead with that move if, for example, the rehabilitation service itself was not a ward but was a self-contained flat in the community with long arm support provided by a clinical team?

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**Author:** ![GuyDavis](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/g/eb9ed0/32.png) [@GuyDavis](https://forum.mentalhealthlaw.co.uk/u/GuyDavis)\
**Post date:** [29 October 2024 18:52 UTC](https://forum.mentalhealthlaw.co.uk/t/understanding-the-practicalities-of-moving-someone-from-msu-to-rehab/2883/2 "2024-10-29T18:52:18Z")

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Hi Rachel, when you say ‘forensic section’, do you mean that there is a Restriction Order (s.41 or equivalent) in place?

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**Author:** ![kyle5](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/f4b2a3/32.png) [@kyle5](https://forum.mentalhealthlaw.co.uk/u/kyle5)\
**Post date:** [30 October 2024 09:14 UTC](https://forum.mentalhealthlaw.co.uk/t/understanding-the-practicalities-of-moving-someone-from-msu-to-rehab/2883/3 "2024-10-30T09:14:19Z")

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If for example you wanted to move a patient into the community and they were on a s.37/41 MHA (1983). The RC would need to ask for permission from the MoJ with the reasons why.

Due to: [SSJ v MM [2018] UKSC 60](https://www.mentalhealthlaw.co.uk/SSJ_v_MM_(2018)_UKSC_60).

Some hospitals were considering the use of: s.17 (3) leave as well for moving patients into the community for trail leave with the consideration of possibly moving the s.37/41.