MHA 1983 s13
Changes made by Mental Health Act 2007
- Approved Mental Health Professional replaces Approved Social Worker 3/11/08
- New regulations on conflicts of interest 3/11/08
Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.
- DD v Durham County Council  EWHC 1053 (QB),  MHLO 51 — The claimant was gate sectioned at Durham prison and detained under s2, then s3, in a Middlesborough hospital. He had complaints of false imprisonment and breaches of Article 3 and 8 relating to matters such as his being kept in seclusion, the lighting in his room, the number of people supervising his activities and a general lack of privacy. (1) He needed leave under s139 to bring civil proceedings against Durham County Council and Middlesborough City Council. This was refused: there was no realistic prospect of establishing illegality against the AMHPs who made the recommendations for s2 and s3 as AMHPs are (a) not required to choose or investigate the quality of the place of detention, (b) not required to research medical views earlier than those in the statutory recommendations, (c) not responsible for the medical or other regimes to which a detained person is subjected. (2) The AMHP who applied for s3 detention was employed by Middlesborough, so ..→
- Re GM (Section 3 of the Mental Health Act 1983)  EWHC 642 (Admin) — Habeas corpus - no breach by ASW of s11(4) (consultation with NR) or s13(2) (interview with patient).
[The chapter/paragraph numbers which appear below (if any) refer to the 2008 versions of the Code of Practice and Reference Guide.]
- Reference Guide to the Mental Health Act 1983, 2. Compulsory admission to hospital under Part 2 of the Act, 19. Guardianship and guardianship orders — paragraphs 2.16 to 2.19 and 2.23 to 2.37 (detention), 19.28 to 19.29 and 19.34 (guardianship)
- Mental Health Act 1983 Code Of Practice for England, 4. Applications for detention in hospital
[Duty of approved mental health professionals to make applications for admission or guardianship]
13.—[(1) If a local social services authority have reason to think that an application for admission to hospital or a guardianship application may need to be made in respect of a patient within their area, they shall make arrangements for an approved mental health professional to consider the patient's case on their behalf.
(1A) If that professional is—
- (a) satisfied that such an application ought to be made in respect of the patient; and
- (b) of the opinion, having regard to any wishes expressed by relatives of the patient or any other relevant circumstances, that it is necessary or proper for the application to be made by him, he shall make the application.
(1B) Subsection (1C) below applies where—
- (a) a local social services authority makes arrangements under subsection (1) above in respect of a patient;
- (b) an application for admission for assessment is made under subsection (1A) above in respect of the patient;
- (c) while the patient is liable to be detained in pursuance of that application, the authority have reason to think that an application for admission for treatment may need to be made in respect of the patient; and
- (d) the patient is not within the area of the authority.
(1C) Where this subsection applies, subsection (1) above shall be construed as requiring the authority to make arrangements under that subsection in place of the authority mentioned there.]
(2) Before making an application for the admission of a patient to hospital an [approved mental health professional] shall interview the patient in a suitable manner and satisfy himself that detention in a hospital is in all the circumstances of the case the most appropriate way of providing the care and medical treatment of which the patient stands in need.
[(3) An application under subsection (1A) above may be made outside the area of the local social services authority on whose behalf the approved mental health professional is considering the patient's case.]
(4) It shall be the duty of a local social services authority, if so required by the nearest relative of a patient residing in their area, to [make arrangements under subsection (1) above for an approved mental health professional to consider the patient's case] with a view to making an application for his admission to hospital; and if in any such case [that professional] decides not to make an application he shall inform the nearest relative of his reasons in writing.
(5) Nothing in this section shall be construed as authorising or requiring an application to be made by an [approved mental health professional] in contravention of the provisions of section 11(4) above [or of regulations under section 12A above], or as restricting the power of [a local social services authority to make arrangements with an approved mental health professional to consider a patient's case or of] an [approved mental health professional] to make any application under this Act.
- Mental Health Act 2007 s21 & sch 2, s22; Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008 (s21 England, s22), Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008 (s21 Wales), wef 3/11/08