Nigel Turner's HyperGUIDE to the Mental Health Act

Section 19

Transfers between Hospitals / Guardianship

Transfers from Hospital

..to another Hospital

Section 19 allows people who are detained under the Act to be transferred from one hospital to another, with the date of the application for the original Section remaining as the starting date. In the case of a transfer to another hospital under the same Mental Health Act Managers [MHAM], the transfer is straightforward. Where the new hospital is under different MHAM, the MHAM at the first hospital must:

• authorise the transfer
• be satisfied that the second hospital will admit the person within 28 days.

..to Guardianship

Someone who is detained in hospital can be transferred to Guardianship provided:

• the MHAM authorise the transfer
• the local social services authority which will become responsible for the Guardianship arrangement, has agreed the transfer, and has specified a date for the transfer to take effect
• any guardian (where the social services authority is not the guardian itself) has agreed to act in this way.

Transfers from Guardianship

..to other Guardianship arrangements

Someone who is subject to Guardianship can be transferred to a different local social services authority / guardian provided:

• the first guardian authorises the transfer
• the local social services authority which will become the new responsible authority, has agreed the transfer, and has specified a date for the transfer to take effect
• any new guardian (where the social services authority is not the guardian itself) has agreed to act in this way.

..to Hospital

Someone who is subject to Guardianship can be transferred to hospital, but this is the least strightforward of the 4 types of transfer described on this page. The process is very similar to a Section 3 admission, but only an Approved Social Worker can make the application, which has to be based on two medical recommendations. The local social services authority making the transfer must be satisfied that the MHAM at the hospital have accepted the transfer and that arrangements have been put in place for the admission to hospital to take place within 14 days. That social services authority must also take reasonable steps to give prior information to the Nearest Relative of the proposed transfer.