What is a Section 37 of the Mental Health Act?

The criminal courts can use section 37 of The Mental Health Act if they think you should be in hospital instead of prison. This is also called a ‘hospital order’. You must have a mental disorder and need treatment in hospital. And have been convicted of a crime that is punishable with imprisonment.

What does the Mental Health Act 2007 cover?

The Mental Health Act 1983 (as amended, most recently by the Mental Health Act 2007) is designed to give health professionals the powers, in certain circumstances, to detain, assess and treat people with mental disorders in the interests of their health and safety or for public safety.

Can you appeal a section 37?

If you don’t think the court should have given you a section 37/41, you can appeal to the Court of Appeal. You must do this within 28 days of the court making the order. It is important to get legal advice before you appeal. Your solicitor will be able to help.

Who can make an order for a patient to be detained under section 37 of the Mental Health Act under normal circumstances )?

A section 37 is an order to send you to hospital instead of prison. A Crown Court or Magistrates’ Court can make this order if it thinks that a hospital order is the most appropriate way of dealing with your situation.

Is a section 37 report serious?

Is a section 37 report serious? A section 37 report is very serious for a parent. The impact of a section 37 report is that the court are considering whether your child should be removed from your care, given that there is a possibility they are suffering from significant harm whilst in your care.

How long does a section 37 41 last?

How long will I be in hospital? A section 37/41 lasts until you are discharged by the Mental Health Tribunal or by your responsible clinician. If your responsible clinician thinks you should be discharged, they will need to get permission from the Ministry of Justice.

How does the Mental Health Act 2007 protect vulnerable adults?

The Mental Health Act provides for the assessment and treatment of people with a mental disorder and sets out the rights that they have. In 2007 the Act was amended to ensure that service users are receiving the treatment they need and to provide professionals with a clear framework to work to.

What is involved in a section 37?

A section 37 report is prepared when the courts become concerned surrounding the welfare of a child. The court directs the local authority to undertake a thorough investigation into the child’s circumstances and report its findings to the court. The reporting of these findings is known as a section 37 report.

How do I write a Section 37 report?

As soon as a request arrives for a section 37 report, the allocated social worker should inform the Legal Department in writing about:

The name of the child or children and their dates of birth;
By when the report has to be completed;
The name of the social worker responsible for the report.

What is a Section 37 investigation?

A Section 37 investigation is an enquiry in to a child’s circumstances by a Social Worker.

How do I get off section 37 41?

A section 37/41 lasts until you are discharged by the Mental Health Tribunal or by your responsible clinician. If your responsible clinician thinks you should be discharged, they will need to get permission from the Ministry of Justice.

Is the Mental Health Act 2007 still in force?

For further information see the Editorial Practice Guide and Glossary under Help. There are currently no known outstanding effects for the Mental Health Act 2007, Section 37. Revised legislation carried on this site may not be fully up to date.

What is the mental health law in Ontario?

This Toolkit was prepared by Borden Ladner Gervais LLP for the ownership and use of the Ontario Hospital Association (OHA). This Toolkit is intended to provide health care providers with a general understanding of mental health law issues and with an overview of the legislation that governs the provision of mental health care in Ontario.

When did the Mental Health Act come into effect?

In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help. There are currently no known outstanding effects for the Mental Health Act 2007, Section 37.

When did Toronto City Council consider section 37?

At its meeting of September 30th 2015, Council considered the report entitled: Report on Sections 37 and 45 (9), Community Benefits Secured in 2013 and 2014.

What is a Section 37 of the Mental Health Act? The criminal courts can use section 37 of The Mental Health Act if they think you should be in hospital instead of prison. This is also called a ‘hospital order’. You must have a mental disorder and need treatment in hospital. And have been convicted…