Joint Medical recommendations - Amending

[Jade1 (Jade Deville)]

Hi All

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.

[GuyDavis]

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…”

b/w

Guy

[MHProfessional (NG)]

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.

[Jonathan]

I looked into this recently when something similar cropped up:

@Jonathan

I’ve had a look at s15 and the commentary in Jones, and the way I understand it now is:

1. If the problem is inconsequential – de minimis – then it won’t make detention unlawful.
2. If the problem involves an application or medical recommendation being “incorrect or defective” then it can be rectified within 14 days of admission. This seems to apply to a joint medical recommendation.
3. If the problem goes beyond “inaccurate recording” and discloses a “fundamental” breach of law or procedure then it can’t be rectified under s15.
4. If one of two medical recommendations is “insufficient” (or taken together they are insufficient) then there is a procedure for replacing one recommendation, but this procedure does not apply to a joint medical recommendation.

[Jade1 (Jade Deville)]

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

[Jonathan]

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.