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When is the deadline for hospital managers' automatic reference at six months?

The catalogue records a 6 months period from Expiry of six months beginning with 'the applicable day' - normally the day of admission under s.2 or s.3, or (if admitted under s.2 first) the original s.2 admission day, or the day of transfer from guardianship. This draft page remains free only until its source, worked example and limits are reviewed.

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Calculation basis and source

Period
6 months
Trigger
Expiry of six months beginning with 'the applicable day' - normally the day of admission under s.2 or s.3, or (if admitted under s.2 first) the original s.2 admission day, or the day of transfer from guardianship
Counting
The encoded calculator method must be independently documented before publication.
Rollovers and holidays
Holiday, closure and order treatment must be independently documented before publication.

This route remains in preparation until a pinpoint official source is recorded.

  • No power to extend. The duty is mandatory ('shall refer'), but it is disapplied entirely by s.68(3) if, during the six months, the patient exercised a right under s.66(1)(b), (ca), (cb), (e), (g) or (h), or a s.67(1) reference was made (other than one made while the patient was liable to be detained under s.2), or a s.68(7) reference was made.
  • CRITICAL TRIGGER TRAP: where a patient was admitted under s.2 and then detained under s.3, the applicable day is the ORIGINAL s.2 admission day (s.68(5)(b)(ii)), not the s.3 date. Getting this wrong shifts the referral by up to 28 days. CURRENCY WARNING: MHA 2025 s.31 ('References to tribunal') would change this to three months from first detention and then every 12 months; it

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