I have ready everywhere that a joint medical recommendation can not be amended ( obviously if the errors are amendable) however it does not give a reason as to why, which I am intrigued to know and if there are any circumstances where a Joint Medical recommendation can be amended? or a case note added? It would be great to have some feed back on this.
It’s the Act’s wording in section 15; “…one of the two medical recommendations on which an application for the admission of a patient is founded…”
Without looking through Hansard and any debate to the wording of Section 15, I suspect the reason why a Joint Medical Recommendation is not rectifiable/amendable is that both recommendations are rendered flawed, there is an absence of a valid recommendation which would then initiate/allow the 14 day rule to amend/rectify the incorrect or defective form.
Section 15 (2) a refers to a fresh medical recommendation (singular) not plural.
I looked into this recently when something similar cropped up:
Thank you for your help guys.
So if I am understanding you correctly a Joint medical recommendation can be rectified if there is de minimis error any thing over this it can no be rectified? Just so I clearly understand Thank you
I think it goes beyond that.
I think a de minimis error doesn’t affect lawfulness so doesn’t need to be rectified under s15, and a joint medical recommendation can be rectified if it is “incorrect or defective” (under s15(1)) just like any application or recommendation.
The problem only arises if a medical recommendation is “insufficient” (under s15(2) and (3)): a single recommendation can be replaced with a fresh one complying with s15(2), but a joint one cannot be replaced.