# Joint Medical recommendations - Amending **URL:** \ **Category:** Mental Health Act\ **Tags:** rectification, mha-forms\ **Created:** [21 December 2022 15:54 UTC](https://forum.mentalhealthlaw.co.uk/t/joint-medical-recommendations-amending/1418 "2022-12-21T15:54:51Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![Jade1](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/j/ed655f/32.png) [@Jade1](https://forum.mentalhealthlaw.co.uk/u/Jade1)\ **Post date:** [21 December 2022 15:54 UTC](https://forum.mentalhealthlaw.co.uk/t/joint-medical-recommendations-amending/1418/1 "2022-12-21T15:54:51Z")
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. 🙂 ---
**Author:** ![GuyDavis](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/g/eb9ed0/32.png) [@GuyDavis](https://forum.mentalhealthlaw.co.uk/u/GuyDavis)\ **Post date:** [21 December 2022 16:14 UTC](https://forum.mentalhealthlaw.co.uk/t/joint-medical-recommendations-amending/1418/2 "2022-12-21T16:14:58Z")
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 ---
**Author:** ![MHProfessional](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/2bfe46/32.png) [@MHProfessional](https://forum.mentalhealthlaw.co.uk/u/MHProfessional)\ **Post date:** [21 December 2022 16:26 UTC](https://forum.mentalhealthlaw.co.uk/t/joint-medical-recommendations-amending/1418/3 "2022-12-21T16:26:50Z")
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. ---
**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Post date:** [21 December 2022 18:14 UTC](https://forum.mentalhealthlaw.co.uk/t/joint-medical-recommendations-amending/1418/4 "2022-12-21T18:14:00Z")
I looked into this recently when something similar cropped up: > [@Joint Medical Recommendations](https://forum.mentalhealthlaw.co.uk/t/joint-medical-recommendations/1352/6): > > I’ve had a look at [s15](https://www.mentalhealthlaw.co.uk/MHA_1983_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. ---
**Author:** ![Jade1](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/j/ed655f/32.png) [@Jade1](https://forum.mentalhealthlaw.co.uk/u/Jade1)\ **Post date:** [22 December 2022 07:57 UTC](https://forum.mentalhealthlaw.co.uk/t/joint-medical-recommendations-amending/1418/5 "2022-12-22T07:57:59Z")
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 ---
**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Post date:** [6 January 2023 22:15 UTC](https://forum.mentalhealthlaw.co.uk/t/joint-medical-recommendations-amending/1418/6 "2023-01-06T22:15:09Z")
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. ---
**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Post date:** [20 January 2023 15:55 UTC](https://forum.mentalhealthlaw.co.uk/t/joint-medical-recommendations-amending/1418/7 "2023-01-20T15:55:15Z")
A post was split to a new topic: [One medical recommendation not naming hospital](https://forum.mentalhealthlaw.co.uk/t/one-medical-recommendation-not-naming-hospital/1443)