Joint Medical Recommendations

Law and practice Mental Health Act
,
6

I think the scenario originally presented here involved a problem with the joint medical recommendation form (Form A7) rather than with the application form (Form A6). I’m not aware of any caselaw about joint medical recommendations.

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.

There are some examples of what de minimis, incorrect, defective, fundamentally defective, and insufficient might mean in the commentary.

I guess the approach to take here depends on the nature of the problem with the joint medical recommendation – @metoo, can you say what it was?

2 Likes