# \#mha-assessment **URL:** https://forum.mentalhealthlaw.co.uk/tag/mha-assessment/69.md [Latest](https://forum.mentalhealthlaw.co.uk/latest.md) · [Categories](https://forum.mentalhealthlaw.co.uk/categories.md) · [Tags](https://forum.mentalhealthlaw.co.uk/tags.md) --- ## [MHA assessment quicker than CTO recall? (Also: definition of hospital)](https://forum.mentalhealthlaw.co.uk/t/mha-assessment-quicker-than-cto-recall-also-definition-of-hospital/5890)
**Author:** [@Joolsleeds](https://forum.mentalhealthlaw.co.uk/u/Joolsleeds)\ **Replies:** 30\ **Last updated:** [1 September 2026 16:43 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-assessment-quicker-than-cto-recall-also-definition-of-hospital/5890 "2026-09-01T16:43:08Z")
Can someone explain this to us lay people please? Why is recall under a CTO more difficult or lengthy than a MHAA? --- ## [Fresh forms needed when only bed is in hospital not named on s2 application?](https://forum.mentalhealthlaw.co.uk/t/fresh-forms-needed-when-only-bed-is-in-hospital-not-named-on-s2-application/5895)
**Author:** [@becess](https://forum.mentalhealthlaw.co.uk/u/becess)\ **Replies:** 2\ **Last updated:** [10 July 2026 22:43 UTC](https://forum.mentalhealthlaw.co.uk/t/fresh-forms-needed-when-only-bed-is-in-hospital-not-named-on-s2-application/5895 "2026-07-10T22:43:53Z")
Not currently in this position but trying to plan ahead for all eventualities. Application for S2 made to a bed that was available at the point of assessment. P leaves before conveyance (had no legal powers to prevent P… --- ## [MHA assessment of homeless person](https://forum.mentalhealthlaw.co.uk/t/mha-assessment-of-homeless-person/5708)
**Author:** [@anonymous93](https://forum.mentalhealthlaw.co.uk/u/anonymous93)\ **Replies:** 5\ **Last updated:** [12 June 2026 09:53 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-assessment-of-homeless-person/5708 "2026-06-12T09:53:29Z")
There is a homeless patient who needs a MH assessment There is a history of volatile behaviour and previous attempts to assess him in the community have failed. Is there the option of obtaining a S135 warrant (without … --- ## [When is someone considered detained under Section 2?](https://forum.mentalhealthlaw.co.uk/t/when-is-someone-considered-detained-under-section-2/4345)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 5\ **Last updated:** [11 March 2026 16:52 UTC](https://forum.mentalhealthlaw.co.uk/t/when-is-someone-considered-detained-under-section-2/4345 "2026-03-11T16:52:32Z")
When is someone considered detained under Section 2 of the Mental Health Act 1983? Is it when the AMHP signs the application, or when the H3 form is completed? --- ## [Least Restrictive Alternative as a reason not to do a MHA assessment](https://forum.mentalhealthlaw.co.uk/t/least-restrictive-alternative-as-a-reason-not-to-do-a-mha-assessment/3243)
**Author:** [@wellsj](https://forum.mentalhealthlaw.co.uk/u/wellsj)\ **Replies:** 11\ **Last updated:** [22 January 2026 00:53 UTC](https://forum.mentalhealthlaw.co.uk/t/least-restrictive-alternative-as-a-reason-not-to-do-a-mha-assessment/3243 "2026-01-22T00:53:45Z")
I have a role supporting the families of people with mental illness. In our area the AMHP service is known to be under great pressure because of staffing problems etc. For the past year or so they have got into the habit… --- ## [Patient recommended for s2 absconds without legal paperwork completed](https://forum.mentalhealthlaw.co.uk/t/patient-recommended-for-s2-absconds-without-legal-paperwork-completed/3145)
**Author:** [@Daisy2019](https://forum.mentalhealthlaw.co.uk/u/Daisy2019)\ **Replies:** 5\ **Last updated:** [19 December 2025 17:41 UTC](https://forum.mentalhealthlaw.co.uk/t/patient-recommended-for-s2-absconds-without-legal-paperwork-completed/3145 "2025-12-19T17:41:44Z")
If a patient is told they are recommended for section 2 but paperwork is not completed, the patient absconds while waiting for bed. Is it putting the patient at risk to self and risk to others if left to stay in communit… --- ## [Justification for move from s2 to s3](https://forum.mentalhealthlaw.co.uk/t/justification-for-move-from-s2-to-s3/4585)
**Author:** [@micka](https://forum.mentalhealthlaw.co.uk/u/micka)\ **Replies:** 2\ **Last updated:** [8 November 2025 14:42 UTC](https://forum.mentalhealthlaw.co.uk/t/justification-for-move-from-s2-to-s3/4585 "2025-11-08T14:42:29Z")
when section 2 ends do the hospital have to show a treatment plan to get section 3? --- ## [Legal duty after AMHP decides to make application](https://forum.mentalhealthlaw.co.uk/t/legal-duty-after-amhp-decides-to-make-application/4491)
**Author:** [@Walaro1](https://forum.mentalhealthlaw.co.uk/u/Walaro1)\ **Replies:** 11\ **Last updated:** [20 October 2025 17:30 UTC](https://forum.mentalhealthlaw.co.uk/t/legal-duty-after-amhp-decides-to-make-application/4491 "2025-10-20T17:30:52Z")
What is the legal duty of a Trust to provide a bed once an AMHP has decided that they will make an application for admission under section? What if the patient agrees to be admitted informally while waiting for the bed? … --- ## [AMHPs and MHAAs](https://forum.mentalhealthlaw.co.uk/t/amhps-and-mhaas/4324)
**Author:** [@RS0](https://forum.mentalhealthlaw.co.uk/u/RS0)\ **Replies:** 5\ **Last updated:** [19 October 2025 15:32 UTC](https://forum.mentalhealthlaw.co.uk/t/amhps-and-mhaas/4324 "2025-10-19T15:32:51Z")
Dear all, A colleague is in a complexity where they have several EUPD patients on the female ward, who for various reasons are requiring a MHA assessment. There has been instances where the AMHPs have spoken to the pati… --- ## [Whether an AMHP who is not the applicant can arrange conveyance](https://forum.mentalhealthlaw.co.uk/t/whether-an-amhp-who-is-not-the-applicant-can-arrange-conveyance/3940)
**Author:** [@Strigan](https://forum.mentalhealthlaw.co.uk/u/Strigan)\ **Replies:** 2\ **Last updated:** [29 July 2025 16:29 UTC](https://forum.mentalhealthlaw.co.uk/t/whether-an-amhp-who-is-not-the-applicant-can-arrange-conveyance/3940 "2025-07-29T16:29:29Z")
Related to this there seems to be an inconsistency in practice in different local authorities. In some LAs, if an AMHP signs an application but there’s a delay arranging transport and the applicant is not on duty when th… --- ## [DOLS Older People and MHA practice](https://forum.mentalhealthlaw.co.uk/t/dols-older-people-and-mha-practice/3890)
**Author:** [@Carys](https://forum.mentalhealthlaw.co.uk/u/Carys)\ **Replies:** 5\ **Last updated:** [11 July 2025 13:43 UTC](https://forum.mentalhealthlaw.co.uk/t/dols-older-people-and-mha-practice/3890 "2025-07-11T13:43:48Z")
When an older person is admitted / detained under section 2 and is subsequently placed under a DOLS Authorisation AND is still being treated within the Ward environment (medication, observation PRN and restrictions) is… --- ## [MHA responsibility after Section 3 invalid and OOA](https://forum.mentalhealthlaw.co.uk/t/mha-responsibility-after-section-3-invalid-and-ooa/3409)
**Author:** [@son\_peach](https://forum.mentalhealthlaw.co.uk/u/son_peach)\ **Replies:** 2\ **Last updated:** [7 March 2025 21:01 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-responsibility-after-section-3-invalid-and-ooa/3409 "2025-03-07T21:01:20Z")
Scenario - patient in secure care transferred from Place A to Place B whilst under Section 3. Place A did the initial MHAA for S2 and S3 and is ordinarily resident there. Whilst in Place B renewal of Section 3 completed… --- ## [Ambulance removing someone from their property under MCA for psychiatric assessment](https://forum.mentalhealthlaw.co.uk/t/ambulance-removing-someone-from-their-property-under-mca-for-psychiatric-assessment/2735)
**Author:** [@anon365](https://forum.mentalhealthlaw.co.uk/u/anon365)\ **Replies:** 9\ **Last updated:** [27 February 2025 16:28 UTC](https://forum.mentalhealthlaw.co.uk/t/ambulance-removing-someone-from-their-property-under-mca-for-psychiatric-assessment/2735 "2025-02-27T16:28:37Z")
Hello, I am posting anonymously for this post. I am an AMHP, but this is about a situation where I was a patient, hence why I am posting anonymously. I have Bipolar Disorder and at the beginning of the year I became unw… --- ## [Patient locks self in a room to prevent conveyance - how to proceed?](https://forum.mentalhealthlaw.co.uk/t/patient-locks-self-in-a-room-to-prevent-conveyance-how-to-proceed/3295)
**Author:** [@sjlbruce](https://forum.mentalhealthlaw.co.uk/u/sjlbruce)\ **Replies:** 2\ **Last updated:** [19 February 2025 14:15 UTC](https://forum.mentalhealthlaw.co.uk/t/patient-locks-self-in-a-room-to-prevent-conveyance-how-to-proceed/3295 "2025-02-19T14:15:14Z")
Hi - just a hypothetical scenario. MHAA takes place at home. 2 med recs completed and the AMHP makes their application. The AMHP has never left the home so gaining entry to the property is not a barrier. The patient, le… --- ## [AMHP and doctor decide not to go ahead with section 3 without consulting NR](https://forum.mentalhealthlaw.co.uk/t/amhp-and-doctor-decide-not-to-go-ahead-with-section-3-without-consulting-nr/3123)
**Author:** [@jacksj65](https://forum.mentalhealthlaw.co.uk/u/jacksj65)\ **Replies:** 3\ **Last updated:** [21 January 2025 14:10 UTC](https://forum.mentalhealthlaw.co.uk/t/amhp-and-doctor-decide-not-to-go-ahead-with-section-3-without-consulting-nr/3123 "2025-01-21T14:10:39Z")
Our son is psychotic. On Friday his EIT person told us he needed at least weeks more in detention. He was clearly psychotic over the weekend. Our son is 20 years old. I am his NR. We believed he had been made subject to… --- ## [Searching post MHA assessment](https://forum.mentalhealthlaw.co.uk/t/searching-post-mha-assessment/3111)
**Author:** [@MentalHealthCop](https://forum.mentalhealthlaw.co.uk/u/MentalHealthCop)\ **Replies:** 5\ **Last updated:** [21 January 2025 11:03 UTC](https://forum.mentalhealthlaw.co.uk/t/searching-post-mha-assessment/3111 "2025-01-21T11:03:32Z")
A former officer who now works in NHS security posed me a question which I haven’t had to think about before because it’s not a “police” question - What power exists to search someone, thought to be in possession of som… --- ## [MHA assessment of 9-year-old child](https://forum.mentalhealthlaw.co.uk/t/mha-assessment-of-9-year-old-child/2865)
**Author:** [@headinhands](https://forum.mentalhealthlaw.co.uk/u/headinhands)\ **Replies:** 7\ **Last updated:** [29 October 2024 08:57 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-assessment-of-9-year-old-child/2865 "2024-10-29T08:57:47Z")
Hi all, a request has come in for a MHA assessment for a 9 year old child with the AMHP service being contacted at the last minute, and being given some quite conflicting information - currently on a children’s ward in a… --- ## [Forced treatment after MHA assessment but before hospital admission](https://forum.mentalhealthlaw.co.uk/t/forced-treatment-after-mha-assessment-but-before-hospital-admission/2065)
**Author:** [@Taylor](https://forum.mentalhealthlaw.co.uk/u/Taylor)\ **Replies:** 17\ **Last updated:** [2 August 2024 18:36 UTC](https://forum.mentalhealthlaw.co.uk/t/forced-treatment-after-mha-assessment-but-before-hospital-admission/2065 "2024-08-02T18:36:01Z")
Hello All, I have heard of case were an aggressive patient, was assessed at home by virtue of a sec 135 warrant. he was placed on section 3. DR and nurse want to rapid tranquilise, to make journey safer. Patient did no… --- ## [Unlawful detention, unlawful assessment?](https://forum.mentalhealthlaw.co.uk/t/unlawful-detention-unlawful-assessment/2449)
**Author:** [@MHLOThomas](https://forum.mentalhealthlaw.co.uk/u/MHLOThomas)\ **Replies:** 5\ **Last updated:** [16 May 2024 12:26 UTC](https://forum.mentalhealthlaw.co.uk/t/unlawful-detention-unlawful-assessment/2449 "2024-05-16T12:26:39Z")
If a person is unlawfully detained (i.e. in a private dwelling), is their subsequent assessment by health/AMHP under the MHA unlawful also? If the assessing team are not aware of the detention being unlawful, does this … --- ## [Children and Mental Health Act Assessments](https://forum.mentalhealthlaw.co.uk/t/children-and-mental-health-act-assessments/2337)
**Author:** [@Neale10](https://forum.mentalhealthlaw.co.uk/u/Neale10)\ **Replies:** 3\ **Last updated:** [6 April 2024 19:10 UTC](https://forum.mentalhealthlaw.co.uk/t/children-and-mental-health-act-assessments/2337 "2024-04-06T19:10:06Z")
Please how should mental health act assessments be conducted at home if children are present? --- ## [Enforced administration of medication after s2 recommendations and application](https://forum.mentalhealthlaw.co.uk/t/enforced-administration-of-medication-after-s2-recommendations-and-application/2248)
**Author:** [@Lavinia](https://forum.mentalhealthlaw.co.uk/u/Lavinia)\ **Replies:** 8\ **Last updated:** [12 February 2024 21:02 UTC](https://forum.mentalhealthlaw.co.uk/t/enforced-administration-of-medication-after-s2-recommendations-and-application/2248 "2024-02-12T21:02:35Z")
Patient is in hospital ED Department Recommendations in place for a Section 2 MHA Waiting for a psychiatric bed to be identified First time with Mental Health problems Anti Psychotic Medication prescribed Not review… --- ## [Does a GP need to obtain a patient's 'informed consent' before a referral to the CMHT?](https://forum.mentalhealthlaw.co.uk/t/does-a-gp-need-to-obtain-a-patients-informed-consent-before-a-referral-to-the-cmht/2207)
**Author:** [@Herystote](https://forum.mentalhealthlaw.co.uk/u/Herystote)\ **Replies:** 2\ **Last updated:** [3 February 2024 14:11 UTC](https://forum.mentalhealthlaw.co.uk/t/does-a-gp-need-to-obtain-a-patients-informed-consent-before-a-referral-to-the-cmht/2207 "2024-02-03T14:11:52Z")
Does a GP need to obtain a patient’s ‘informed consent’ before referring them to the community mental health team for an assessment? Not under the mental health act 1983. This assessment is to explore and investigate t… --- ## [How does an GP assess capacity of a patient?](https://forum.mentalhealthlaw.co.uk/t/how-does-an-gp-assess-capacity-of-a-patient/2186)
**Author:** [@Herystote](https://forum.mentalhealthlaw.co.uk/u/Herystote)\ **Replies:** 12\ **Last updated:** [3 February 2024 14:23 UTC](https://forum.mentalhealthlaw.co.uk/t/how-does-an-gp-assess-capacity-of-a-patient/2186 "2024-02-03T14:23:50Z")
How does a general practitioner assess capacity of their patient during an appointment? Do they ask them questions about who they are and where they are? Test their memory? Ask them questions about their personality e.… --- ## [General practitioner powers to get their patient assessed and sectioned?](https://forum.mentalhealthlaw.co.uk/t/general-practitioner-powers-to-get-their-patient-assessed-and-sectioned/2180)
**Author:** [@Herystote](https://forum.mentalhealthlaw.co.uk/u/Herystote)\ **Replies:** 3\ **Last updated:** [26 January 2024 19:26 UTC](https://forum.mentalhealthlaw.co.uk/t/general-practitioner-powers-to-get-their-patient-assessed-and-sectioned/2180 "2024-01-26T19:26:02Z")
If you are a GP and you have concerns over a patient’s mental health. What is the appropriate approach to raise this with the local authorities e.g. mental health teams about getting the patient assessed and possibly se… --- ## [What warrants the detention of the patient in a hospital for assessment?](https://forum.mentalhealthlaw.co.uk/t/what-warrants-the-detention-of-the-patient-in-a-hospital-for-assessment/2185)
**Author:** [@Herystote](https://forum.mentalhealthlaw.co.uk/u/Herystote)\ **Replies:** 3\ **Last updated:** [27 January 2024 13:12 UTC](https://forum.mentalhealthlaw.co.uk/t/what-warrants-the-detention-of-the-patient-in-a-hospital-for-assessment/2185 "2024-01-27T13:12:40Z")
What warrants the detention of the patient in a hospital for assessment? The symptoms of a mental disorder have to be significant to be seen in order to get to that stage? --- ## [Which of the three local authorities is responsible for this s3 assessment?](https://forum.mentalhealthlaw.co.uk/t/which-of-the-three-local-authorities-is-responsible-for-this-s3-assessment/1892)
**Author:** [@alikelly](https://forum.mentalhealthlaw.co.uk/u/alikelly)\ **Replies:** 4\ **Last updated:** [11 October 2023 10:19 UTC](https://forum.mentalhealthlaw.co.uk/t/which-of-the-three-local-authorities-is-responsible-for-this-s3-assessment/1892 "2023-10-11T10:19:24Z")
Continuing the discussion from Who is responsible for out-of-area MHA assessment?: Sorry can I just ask another question for this post, appreciate it was a while ago. P is living in Local Authority A, admitted to A&E i… --- ## [Who is responsible for out-of-area MHA assessment?](https://forum.mentalhealthlaw.co.uk/t/who-is-responsible-for-out-of-area-mha-assessment/1410)
**Author:** [@JTJT](https://forum.mentalhealthlaw.co.uk/u/JTJT)\ **Replies:** 4\ **Last updated:** [16 December 2022 11:44 UTC](https://forum.mentalhealthlaw.co.uk/t/who-is-responsible-for-out-of-area-mha-assessment/1410 "2022-12-16T11:44:20Z")
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 … --- ## [AMHP decision not to assess](https://forum.mentalhealthlaw.co.uk/t/amhp-decision-not-to-assess/1686)
**Author:** [@Tony2457](https://forum.mentalhealthlaw.co.uk/u/Tony2457)\ **Replies:** 6\ **Last updated:** [3 August 2023 13:54 UTC](https://forum.mentalhealthlaw.co.uk/t/amhp-decision-not-to-assess/1686 "2023-08-03T13:54:49Z")
If an AMHP screens out a MHA request, can a psychiatrist request an other MHA from an other AMHP --- ## [S2 application person detained to home address](https://forum.mentalhealthlaw.co.uk/t/s2-application-person-detained-to-home-address/1712)
**Author:** [@BradfordL](https://forum.mentalhealthlaw.co.uk/u/BradfordL)\ **Replies:** 8\ **Last updated:** [16 July 2023 20:54 UTC](https://forum.mentalhealthlaw.co.uk/t/s2-application-person-detained-to-home-address/1712 "2023-07-16T20:54:28Z")
Hi, I had a client who was detained under s2 MHA to their house because there were no beds available. AMHP etc were supposed to return but no contact made by mh services over weekend. Individual was then contacted by ph… --- ## [S135(1) or s135(2) warrant](https://forum.mentalhealthlaw.co.uk/t/s135-1-or-s135-2-warrant/1708)
**Author:** [@Anthony11](https://forum.mentalhealthlaw.co.uk/u/Anthony11)\ **Replies:** 2\ **Last updated:** [10 July 2023 05:38 UTC](https://forum.mentalhealthlaw.co.uk/t/s135-1-or-s135-2-warrant/1708 "2023-07-10T05:38:48Z")
Mental Health Act assessment completed but no bed available at the time of the assessment. Bed becomes available a day or two later and an application for s2 or 3 is completed by the AMHP who did the assessment. Patien… [Next page](https://forum.mentalhealthlaw.co.uk/tag/mha-assessment/69.md?match_all_tags=true&page=1&tags%5B%5D=mha-assessment)