I am writing to seek your expert opinion regarding a specific scenario. In the given situation, the patient’s name has been omitted from the application for section 2. However, it is worth noting that the patient’s address matches the one stated in the medical recommendations.
Please advise if this error can still be rectified under section 15?
Having a Section 2 recommendation that has the same address that the patient does not mean that the Section 2 is related to the person you have mentioned in your case. There could be two people in the same house and you might be detaining the wrong person.
I believe that when Section 15 refers thar a recommendation “is found to be in any respect incorrect or defective” it means that is there an error of someone who has written a wrong thing. But a complete omission of the name it is hard to justify that the recommendation is defective, it is simply not valid until you put a name on it. Regards.
Thank you for your response!
I would agree - not rectifiable. Seems to be “fundamentally defective”.
Get them on a s5(2) if they are not already - and explain to them what has happened.
Have you got access to a copy of Richard Jones?
I would try there as that should tell you what you are seeking and whether it can be added later?
My guess is that you should be able to add the Patient’s name, as without it, who does the paperwork refer