I am currently checking papers for a transfer to us, A H5 dated 2021, has not got Part 4 completed at all, Does this invalidate the section.
many thanks in advance
Hi there,
I wouldn’t say so, assuming that the rest of the form is OK. I’d be asking those Hospital Managers to confirm in writing that this was an error of omission and that they intended to accept the renewal of detention. Their behaviour around receipt of the H5 (managers hearing following that renewal, etc) should provide assurance that the administrative failure to sign receipt of the form was a mistake.
Helen
No; it’s merely a record of the process having taken place.
I agree with Guy, and this one is an old chestnut that comes up a lot. The renewal is deemed to have been furnished to the managers as soon as it is consigned to the internal post system etc – so although part 4 of the form is designed as a record of such receipt, if it gets overlooked and no-one completes it, this does not mean that the receipt never happened. In fact the failure to complete part 4 of the form is generally agreed to have no legal effect whatsoever.
Mat Kinton (National MHA Policy Advisor, CQC, personal capacity)
Thank you for response