Local Authority A place patient on Section 2. Patient is admitted to private hospital out of area. Section 3 is requested. Local Authority A is refusing to assess. Hospital are stating that LA B where hospital is will have to do it, and threatening to sue for compensation if they don’t.

Did Local Authority A undertake the Section 2? If so, then Local Authority A is responsible for considering the Section 3. Section 13 (1C) applies. 8.18 In certain cases, local authorities must also arrange for an AMHP to consider the case of a patient who is in a hospital outside their area. This …

Yep, no debate. The local authority which arranged the s2 detention has statutory responsibility for arranging the s3 assessment. The other local authority can agree to undertake the assessment (s13(5)), but they have no statutory duty to do so. The AMHP lead should be fully aware of the responsib…

I think Local Authority A is legally responsible for considering the case for section 3 I believe Section 13(1C) places a duty on the local authority that arranged section 2 detention to consider application for section 3.

MHLO Forum

Who is responsible for out-of-area MHA assessment?

Law and practice Mental Health Act

mha-assessment

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