I have noticed that the incorrect expiry date has been entered onto P’s most recent H5. The section was due to expire the day after the date that has been inputted onto the H5. I have tried every Google search I can think of, but can’t find anything regarding incorrect date entry, lots on other rectifiable and non-rectifiable errors, but nothing that’s relevant to my query.
Can anyone shed any light on this for me?
Thanks in advance.
I would opine that this is a de minimis error. As stated on Page 60 - “If the error or defect is not corrected, the validity of detention or guardianship depends on the significance of the error or defect. If trivial, the authority is unlikely to be affected.” No reason why this would not also apply to renewal authorities.
As long as the H5 was completed before the patient’s section expired as a matter of fact - I think it’s safe to say it’s a “valid” renewal. I think a file note would suffice.
as long as the patient was examined before the date of expiry and the form was furnished before the expiry date then this would be a de minimus error, a file note should be completed, This does not affect the procedural requirements in terms of review by the RC within the two month window, consultation with another professional concerned and furnishment of the form within the relevant period.