We have a situation whereby a patient who has been detained under Section 3 for many years has been transferred to a different facility. The new facility would not accept the transfer as the H5 form was not signed by the RC, although it has been signed off by the hospital managers.
The patient has therefore been detained under Section 5.2 and is due to be re-assessed.
My issue is that the nearest relative was displaced some years ago and NR responsibilities handed to the Local Authority. The grounds for displacement were Section 29(3)(c) and (d).
My 2 questions are
Does the fact that the H5 form was not signed by the RC which is an admin error invalidate the detention, even though it was accepted and signed off by hospital managers?
If so, does the fact that he is no longer detained under Section 3 mean that the displacement order ceases to have effect?
I am grateful for any assistance and this is not my usual area of law.