What do we think about s 2 papers which do not show on the face of the application whether or not the NR has been informed, although the AMHP says she was? ( She did not delete either ‘informed or not informed’ )Is there a case that the section could be invalid?
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I would say no (I’m not a lawyer!)
The reason being there is no requirement to inform the NR before an application for s2 is completed.
The requirement is for the NR to be informed “before or within a reasonable time after” (s11(3)).
So it’s important that there is urgent clarification whether or not the NR has been informed already, and if not, then they need to be informed as soon as…
If the AMHP has stated that the NR was informed, then they should be asked to amend the application and sign the amendment indicating that fact.
That seems to me to be a rectifiable error.
I would agree with you Steve but they have not amended it and now they are out of time.
Was there a view on whether the papers were defective in this situation where an amendment is out of time?