# Post-dating s23 **URL:** \ **Category:** Mental Health Act\ **Created:** [13 May 2026 19:39 UTC](https://forum.mentalhealthlaw.co.uk/t/post-dating-s23/5602 "2026-05-13T19:39:33Z")\ **Posts on this page:** 6\ **Page:** 1
**Author:** ![Karen](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/7feea3/32.png) [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Post date:** [13 May 2026 19:39 UTC](https://forum.mentalhealthlaw.co.uk/t/post-dating-s23/5602/1 "2026-05-13T19:39:33Z")
We have just had a s23 sent to us nearly an hour before the time it was said to have been dated. What do we all think about that? ---
**Author:** ![DeborahR](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/d/ac8455/32.png) [@DeborahR](https://forum.mentalhealthlaw.co.uk/u/DeborahR)\ **Post date:** [13 May 2026 20:09 UTC](https://forum.mentalhealthlaw.co.uk/t/post-dating-s23/5602/2 "2026-05-13T20:09:28Z")
Wasn’t there a thread about this a while back and the conclusion was that there is no power for a RC to defer a discharge? (Unlike a CTO for example). I think the previous thread related to the Tribunal closing the case before the date/time of the purported deferred discharge. I suppose it leaves scope for the RC to try and “revoke” the discharge, which again I don’t agree they have the power to do. ---
**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:** [13 May 2026 23:19 UTC](https://forum.mentalhealthlaw.co.uk/t/post-dating-s23/5602/3 "2026-05-13T23:19:21Z")
I think this is the most recent topic here: [Can RCs defer s23 discharge to a future date/time?](https://forum.mentalhealthlaw.co.uk/t/can-rcs-defer-s23-discharge-to-a-future-date-time/1894). We thought the RC couldn’t defer discharge, but were undecided about effect of a post-dated form (whether it caused immediate discharge or had no effect at all). ---
**Author:** ![Karen](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/7feea3/32.png) [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Post date:** [14 May 2026 12:47 UTC](https://forum.mentalhealthlaw.co.uk/t/post-dating-s23/5602/4 "2026-05-14T12:47:23Z")
Thank you Jonathan - I had completely forgotten that I had already posted about this! ---
**Author:** ![Karen](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/7feea3/32.png) [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\ **Post date:** [14 May 2026 12:51 UTC](https://forum.mentalhealthlaw.co.uk/t/post-dating-s23/5602/5 "2026-05-14T12:51:41Z")
On the previous occasion it was more explicitly intended to take effect on a different day . In this case it is not possible to tell when it was actually signed and dated but this was certainly before the time stated on the face of the form. ---
**Author:** ![ZacSussex](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/z/e8c25b/32.png) [@ZacSussex](https://forum.mentalhealthlaw.co.uk/u/ZacSussex)\ **Post date:** [14 May 2026 15:15 UTC](https://forum.mentalhealthlaw.co.uk/t/post-dating-s23/5602/6 "2026-05-14T15:15:11Z")
About a year ago one of my clients was “mistakenly discharged” by the RC who tried to place them onto a CTO and thought they had to s23 first (a consultant psychiatrist too - I wonder if they had mixed-up with guardianship..?). The form was sent to me by mistake by a newer MHAA. When I queried, the more senior MHAA suggested this would be voided and the patient placed onto a CTO shortly. I made representations and got an email back a couple hours later saying that they had “decided” not to void the s23 as the form had already been sent to HMCTS. Obviously wrong but my follow-up email was ignored. Of course. Call me a pessimist but I’m sure the majority of “shady” practices never make their way to the patient’s (or their lawyer’s) eyes, so it causes me great concern. JB v Elysium, anyone?