Part 2 signature and date of form H5 missing, and accidentally added to Part 4

Law and practice Mental Health Act
1

Hi

The RC consulted with the patients RMN in Part 1 and then signed off/dated Part 1. The RC then asked the same RMN to provide their written statement by signing off/adding date in Part 2 - however the RMN accidentally signed off Part 4 of the form in error instead of Part 2. The RC without realising then signed off Part 3 and furnished the report by email to the MHA Office on Friday thinking Part 1, 2 and 3 have been completed. Section was due to expire on midnight Sunday.

Is this something that can be file noted/evidenced as an accidental omission or has the section now lapsed?

Seems safer in my opinion for patient to be reviewed and s5(2) to be considered if warranted for a fresh section 3 assessment rather than try to explain why the renewal is lawful when the statement in Part 2 is missing and Part 4 was completed before Part 3 - even if in error.

Thoughts please.

2

The absence of a valid Part 2 means the renewal is not legally valid, as the renewal does not meet statutory requirements, therefore the section has lapsed (CoP 14.52 – all statutory forms must be accurately and fully completed. Errors or omissions may render detention unlawful.).

Most prudent course of action is to acknowledge the error, consider S5(2) and initiate a new S3 MHAA (if clinically indicated) as per CoP 35.6.

Re R [1995] confirms that even minor procedural errors can invalidate MHA detention.

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