RC completed H5 Renewal form 6 days early, ie 6 days before the statutory two month period set out in S20, and therefore not within the two month period. A Hospital Managers Hearing subsequently took place with the HM noting the error and stating “the Managers felt that this was probably unlikely to invalidate the review”.
General notes in Jones under S20 state - A Form H5 or Form HO15 which is defective because of a minor error or slip of the pen would not render the renewal unlawful. Such errors may be corrected and initialled even through the rectification procedure in s15 does not apply to this section. If the form is fundamentally defective in some way, for example it was signed by a person who is not the patient’s RC or it was completed after the authority for the patient’s detention had expired, the renewal would be unlawful.
My view is that this is not a minor error and it is fundamentally defective as S20 clearly sets out the statutory time frame during which the H5 is to be completed by the RC.
The examination and the furnishing of the form must be done within the two month period, so from what you say Wendy, the renewal is fundamentally defective. The panel should have brought it to the attention of the Head of MHA so that consideration could be given to take steps to ultimately advise the panel to discharge it under their s.23 power. The steps taken should probably include a discussion with the Chief Medical Officer and the patient’s RC.
The question really is “was there a valid examination and renewal within the prescribed timeframe at S.20(3)”. The answer must be no. The patient’s section could not be renewed at that time, therefore the attempt to do so must have no effect.
Thank you for your replies. The HMH took place on the day that the section was due to expire at midnight, so the RC could have completed a fresh H5, but didn’t. RC accepted his error late yesterday and rescinded the Section 3 and a very happy patient was discharged!
How long ago was the hospital managers’ hearing/section expiry? Do you think the patient magically ceased to meet the detention criteria yesterday, or at some point in the past? I’m just wondering about the potential for a damages claim.