# Absence of proof of medical scrutiny invalidates detention?

**URL:** <https://forum.mentalhealthlaw.co.uk/t/absence-of-proof-of-medical-scrutiny-invalidates-detention/4687>\
**Category:** Mental Health Act\
**Created:** [20 November 2025 19:25 UTC](https://forum.mentalhealthlaw.co.uk/t/absence-of-proof-of-medical-scrutiny-invalidates-detention/4687 "2025-11-20T19:25:24Z")\
**Posts on this page:** 5\
**Page:** 1

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**Author:** ![AmyBooth](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/34f0e0/32.png) [@AmyBooth](https://forum.mentalhealthlaw.co.uk/u/AmyBooth)\
**Post date:** [20 November 2025 19:25 UTC](https://forum.mentalhealthlaw.co.uk/t/absence-of-proof-of-medical-scrutiny-invalidates-detention/4687/1 "2025-11-20T19:25:24Z")

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Hi, Can I please have views on whether or not failure to be able to provide proof of medical scrutiny should invalidate a detention considering that the Code of Practice states that it **SHOULD** take place rather than MUST take place.

Thanks

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**Author:** ![GuyDavis](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/g/eb9ed0/32.png) [@GuyDavis](https://forum.mentalhealthlaw.co.uk/u/GuyDavis)\
**Post date:** [22 November 2025 06:30 UTC](https://forum.mentalhealthlaw.co.uk/t/absence-of-proof-of-medical-scrutiny-invalidates-detention/4687/2 "2025-11-22T06:30:48Z")

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So-called ‘medical scrutiny’ does not form a part of the process for the application for detention, therefore in that respect, no proof is required.

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**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\
**Post date:** [22 November 2025 11:00 UTC](https://forum.mentalhealthlaw.co.uk/t/absence-of-proof-of-medical-scrutiny-invalidates-detention/4687/3 "2025-11-22T11:00:56Z")

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I think you’re referring to chapter 35 of the English [Code of Practice](https://www.mentalhealthlaw.co.uk/Department_of_Health,_Code_of_Practice:_Mental_Health_Act_1983_(2015)) (“Receipt and scrutiny of documents”). You might be interested in [R (Lee-Hirons) v SSJ [2016] UKSC 46](https://www.mentalhealthlaw.co.uk/R_(Lee-Hirons)_v_SSJ_(2016)_UKSC_46) (failure in duty to provide reasons for recall didn’t make detention unlawful) and of course [R (Munjaz) v Ashworth Hospital Authority [2005] UKHL 58](https://www.mentalhealthlaw.co.uk/R_(Munjaz)_v_Ashworth_Hospital_Authority_(2005)_UKHL_58) (Code of Practice must not be departed from in the absence of cogent reasons).

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**Author:** ![AmyBooth](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/34f0e0/32.png) [@AmyBooth](https://forum.mentalhealthlaw.co.uk/u/AmyBooth)\
**Post date:** [24 November 2025 09:26 UTC](https://forum.mentalhealthlaw.co.uk/t/absence-of-proof-of-medical-scrutiny-invalidates-detention/4687/4 "2025-11-24T09:26:49Z")

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This was exactly my thoughts and colleagues, we were refused a transfer because the accepting placement believed the detention to be invalid due to the absence of medical scrutiny, we disagreed but legal took the decision to invalidate and re-detain in order for the transfer to take place.

This is really helpful

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**Author:** ![AmyBooth](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/34f0e0/32.png) [@AmyBooth](https://forum.mentalhealthlaw.co.uk/u/AmyBooth)\
**Post date:** [24 November 2025 09:27 UTC](https://forum.mentalhealthlaw.co.uk/t/absence-of-proof-of-medical-scrutiny-invalidates-detention/4687/5 "2025-11-24T09:27:22Z")

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Thanks Jonathan, this is massively helpful for me to challenge the decision making