# \#referral **URL:** https://forum.mentalhealthlaw.co.uk/tag/referral/85.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) --- ## [Paper review for patient recalled then discharged back onto CTO?](https://forum.mentalhealthlaw.co.uk/t/paper-review-for-patient-recalled-then-discharged-back-onto-cto/4932)
**Author:** [@Carolyn1](https://forum.mentalhealthlaw.co.uk/u/Carolyn1)\ **Replies:** 4\ **Last updated:** [19 January 2026 10:39 UTC](https://forum.mentalhealthlaw.co.uk/t/paper-review-for-patient-recalled-then-discharged-back-onto-cto/4932 "2026-01-19T10:39:22Z")
Can you help - P was recalled/revoked on his CTO and referred for a MHT. His hearing is tomorrow and yesterday he was discharged back on the CTO. Am I correct in assuming that we cannot now ask for a paper hearing as alt… --- ## [Potential reduction in paper reviews for CTO patients](https://forum.mentalhealthlaw.co.uk/t/potential-reduction-in-paper-reviews-for-cto-patients/3628)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 10\ **Last updated:** [28 June 2025 09:05 UTC](https://forum.mentalhealthlaw.co.uk/t/potential-reduction-in-paper-reviews-for-cto-patients/3628 "2025-06-28T09:05:21Z")
The tribunal has been able since 2012 to hold CTO mandatory reference hearings on the papers when the patient does not wish to attend or be represented at a hearing. In 2024 a similar power to hold detention mandatory re… --- ## [Lawfulness of earlier first statutory referrals by the MOJ (and the relevance of the change in status cases)](https://forum.mentalhealthlaw.co.uk/t/lawfulness-of-earlier-first-statutory-referrals-by-the-moj-and-the-relevance-of-the-change-in-status-cases/4181)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 9\ **Last updated:** [6 December 2025 09:19 UTC](https://forum.mentalhealthlaw.co.uk/t/lawfulness-of-earlier-first-statutory-referrals-by-the-moj-and-the-relevance-of-the-change-in-status-cases/4181 "2025-12-06T09:19:45Z")
In Ministry of Justice, ‘Mental Health Casework Section stakeholder update’ (July 2025) it is explained that s37/41 restricted hospital order patients (or s45A hybrid order patients) who had previously been transferred u… --- ## [Effect of release on CTO revocation tribunal referral](https://forum.mentalhealthlaw.co.uk/t/effect-of-release-on-cto-revocation-tribunal-referral/4681)
**Author:** [@Kemmasokol](https://forum.mentalhealthlaw.co.uk/u/Kemmasokol)\ **Replies:** 2\ **Last updated:** [20 November 2025 10:46 UTC](https://forum.mentalhealthlaw.co.uk/t/effect-of-release-on-cto-revocation-tribunal-referral/4681 "2025-11-20T10:46:16Z")
When a patient’s CTO is revoked, a referral under section 68(7) is made. But if the patient goes back onto a CTO, does the case close or does the referral still stand? --- ## [Section 68(2) referral, then discharged on s7 Guardianship -- does the Tribunal retain jurisdiction?](https://forum.mentalhealthlaw.co.uk/t/section-68-2-referral-then-discharged-on-s7-guardianship-does-the-tribunal-retain-jurisdiction/3666)
**Author:** [@anonymous68](https://forum.mentalhealthlaw.co.uk/u/anonymous68)\ **Replies:** 4\ **Last updated:** [1 August 2025 20:01 UTC](https://forum.mentalhealthlaw.co.uk/t/section-68-2-referral-then-discharged-on-s7-guardianship-does-the-tribunal-retain-jurisdiction/3666 "2025-08-01T20:01:18Z")
Good morning If a patient who was on a s3 and had a Tribunal coming up as a result of a s68(2) referral, does the Tribunal have the jurisdiction to hear if the patient is placed on s7 guardianship order before the hear… --- ## [Notional section 37 -- tribunal referral at 6 months?](https://forum.mentalhealthlaw.co.uk/t/notional-section-37-tribunal-referral-at-6-months/3600)
**Author:** [@TraceyVickery](https://forum.mentalhealthlaw.co.uk/u/TraceyVickery)\ **Replies:** 3\ **Last updated:** [24 April 2025 20:41 UTC](https://forum.mentalhealthlaw.co.uk/t/notional-section-37-tribunal-referral-at-6-months/3600 "2025-04-24T20:41:36Z")
Hi All, hoping you might be able to help me. I am MHA Administrator in a forensic hospital. We have patients on a Section 47/49 which reverts to a Section 37 Notional when they come to the end of their sentence. My unde… --- ## [Paper hearing of s3 reference after patient put on CTO](https://forum.mentalhealthlaw.co.uk/t/paper-hearing-of-s3-reference-after-patient-put-on-cto/2565)
**Author:** [@Porolli](https://forum.mentalhealthlaw.co.uk/u/Porolli)\ **Replies:** 4\ **Last updated:** [24 February 2025 20:11 UTC](https://forum.mentalhealthlaw.co.uk/t/paper-hearing-of-s3-reference-after-patient-put-on-cto/2565 "2025-02-24T20:11:50Z")
Where a client has been referred for a tribunal due to six months elapsing on section 3, but is put onto a CTO before the hearing date occurs, is it possible for the patient to request a paper hearing? I am of course aw… --- ## [Paper hearings following references for detained patients](https://forum.mentalhealthlaw.co.uk/t/paper-hearings-following-references-for-detained-patients/3166)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 6\ **Last updated:** [28 January 2025 17:06 UTC](https://forum.mentalhealthlaw.co.uk/t/paper-hearings-following-references-for-detained-patients/3166 "2025-01-28T17:06:34Z")
Can anyone tell me if this has come into practice yet? --- ## [CTO revocation and subsequent tribunal references](https://forum.mentalhealthlaw.co.uk/t/cto-revocation-and-subsequent-tribunal-references/3088)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 3\ **Last updated:** [9 January 2025 16:39 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-revocation-and-subsequent-tribunal-references/3088 "2025-01-09T16:39:48Z")
Hi If a patient CTO is revoke he goes back on his S3 and has an automatic tribunal for the revoke. His S3 is then renewed, does the hospital have to do another automatic tribunal or does the first one count as within t… --- ## [Automatic Tribunal -- for s3 after having s2 tribunal](https://forum.mentalhealthlaw.co.uk/t/automatic-tribunal-for-s3-after-having-s2-tribunal/2815)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 4\ **Last updated:** [15 October 2024 23:04 UTC](https://forum.mentalhealthlaw.co.uk/t/automatic-tribunal-for-s3-after-having-s2-tribunal/2815 "2024-10-15T23:04:03Z")
Hi If a person is on a S2 and appeals, the section is upheld, subsequently they are put on a S3 which is then renewed, do they need an automatic tribunal or does the one on the S2 count for the S3 as well. Thanks --- ## [DoH s2 references](https://forum.mentalhealthlaw.co.uk/t/doh-s2-references/2332)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 3\ **Last updated:** [31 March 2024 09:23 UTC](https://forum.mentalhealthlaw.co.uk/t/doh-s2-references/2332 "2024-03-31T09:23:41Z")
The DoH have started automatically rejecting referrals which have been made in the last 7 days of s2 on the basis that there is not enough time for the MHT to be held before the end of the section. I challenged this poi… --- ## [Tribunal and managers' hearing following renewal of s37](https://forum.mentalhealthlaw.co.uk/t/tribunal-and-managers-hearing-following-renewal-of-s37/2273)
**Author:** [@hewitth](https://forum.mentalhealthlaw.co.uk/u/hewitth)\ **Replies:** 6\ **Last updated:** [8 March 2024 08:51 UTC](https://forum.mentalhealthlaw.co.uk/t/tribunal-and-managers-hearing-following-renewal-of-s37/2273 "2024-03-08T08:51:11Z")
Hi If an RC is renewing a S37, do you have to have an automatic managers for the renewal and tribunal if not had one in the first 6 months Thanks --- ## [When does the “3 years” start for the purposes of s.68(6) MHA?](https://forum.mentalhealthlaw.co.uk/t/when-does-the-3-years-start-for-the-purposes-of-s-68-6-mha/1572)
**Author:** [@IANCAMPBELL](https://forum.mentalhealthlaw.co.uk/u/IANCAMPBELL)\ **Replies:** 9\ **Last updated:** [22 August 2023 10:44 UTC](https://forum.mentalhealthlaw.co.uk/t/when-does-the-3-years-start-for-the-purposes-of-s-68-6-mha/1572 "2023-08-22T10:44:12Z")
When does the “3 years” start for the purposes of s.68(6) MHA? Client received her s.37 order in April 2020 and has not had a MHT since. S.68(6) MHT: “The managers of the hospital shall also refer the patient’s case to… --- ## [Representatives and seeking discretionary tribunal references](https://forum.mentalhealthlaw.co.uk/t/representatives-and-seeking-discretionary-tribunal-references/1293)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 5\ **Last updated:** [27 July 2023 22:21 UTC](https://forum.mentalhealthlaw.co.uk/t/representatives-and-seeking-discretionary-tribunal-references/1293 "2023-07-27T22:21:30Z")
Law Society, ‘Practice note: Representation before mental health tribunals’ (31/8/22) states (emphasis added): If you form the view that your client does not have capacity to make an application, but it is clear that t… --- ## [Automatic references](https://forum.mentalhealthlaw.co.uk/t/automatic-references/239)
**Author:** [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Replies:** 8\ **Last updated:** [24 November 2020 21:51 UTC](https://forum.mentalhealthlaw.co.uk/t/automatic-references/239 "2020-11-24T21:51:37Z")
I have a s3 patient whose long term hospital is now a care home and he has been placed on long term s17 with a (presumably nominal) transfer to another private hospital where he has never been treated. Although I feel th…