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Ambiguity of the Mental Health Act?

Reaside Clinic, Birmingham Great Park, Bristol Road South, Rubery, Birmingham B45 9BE

Sir: Ogundipe et al conclude that there is perceived ambiguity in the legality of transferring people from one place of safety to another under Section 136 of the Mental Health Act (MHA) 1983 (Psychiatric Bulletin, October 2001, 25, 388-390).

The MHA Commission in its Sixth Biennial Report states "... it is illegal to move the subject from one place of safety to another once assessment has been instigated" (p. 78). However, it does not cite case law or statute to support this view.

Section 136 of the MHA on a literal reading states nothing at all about transferring persons between places of safety. Indeed, the draftsman has written the language in the singular, not the plural. He uses the terms "a person" and "a place of safety". The issue of transfer is simply not raised at all. This being the case, I submit that Parliament never intended for persons to be transferred under the authority of this Section. If it did, it would have said so.

References

The Mental Health Act Commission. Sixth Biennial Report 1993-1995. London: HMSO.

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