H5 s3 renewal completed by RC and Staff nurse at Hospital A and addressed to managers of Hospital A. Patient transferred to Hospital B the same day but before Part 4 is signed and the MHAA at Hospital B has signed the part 4.Hospital are not part of the same trust and do not share hospital managers. My view is that this is not valid and the H5 should have been readdressed following the transfer as the MHAA at hospital B has no authority to sign for Hospital A. Any thoughts about this?
I would also view this as an invalid H5.
The MHAA from Hospital A should have completed the form proir to transfer. Following the transfer the authority obviously changes.
If this is an issue that predates the section expiry (as they can complete a H5 anytime two month prior to expiry), then the RC from Hospital B should/could complete a fresh one. If not and this issue has been found post expiry then the section should be deemed invalid and the patient is now Informal.
Yes. I have thoughts but I cannot find politically correct language that fits within the rules of this forum.
Therefore I cannot express those thoughts in words in this forum.
There are no written rules of this forum, a bit like the British constitution, and certainly nothing about political correctness. It just has to be helpful and relevant, and not illegal.
I agree the new hospital managers shouldn’t have completed Part 4, as the form wasn’t addressed to them.
But I don’t think that necessarily makes the renewal invalid.
s20(8) MHA says that detention is renewed where the relevant report is “duly furnished” to the managers. As such, the managers completing Part 4 is evidence that the report was furnished, but (I’d suggest) not an essential part of its furnishing.
If it can be shown that the H5 was in some way furnished to the original managers - ie the RC did what they claimed they were doing when they completed Part 3 - then I suggest it would be valid even though Part 4 was wrongly completed.
Even if it wasn’t, as long as the original period of detention hasn’t yet expired, it’s arguable it could still be furnished to the old managers, received by them and have its intended effect, even though the patient has now been transferred. After all, the essence of the renewal process is the professional judgments, not the managers’ administrative actions.