I have a hypothetical Q.
Let’s say a 37/41 order was made and patient was sent via ambulance, but in the ensuing confusion paperwork was not handed in to nursing staff of receiving hospital.
There has been verbal confirmation of order being made (CJLS to RC). Unable to obtain paperwork out of hours.
What is the current legal situation? Is detention valid?
Many thanks
The MoJ works 24 x7. They will confirm the 37/41 and should be able to send you a copy of the orders including previous health reports if applicable.
All fine and if MoJ haven’t got anything yet, ring the clerk of the court on Monday. There is no concept in the Act in relation to the furnishing and receiving of papers for Part III detentions.
It is important to chase. Years ago ( ar least 20) Inwas involved in a case when the RC applied for leave for a service user from the MOJ as they were on a 37/41 the MOJ replied by saying they had no record of the person. This caused a great deal of challenges with the service user being detained on a section 3 in the end and no restrictions being imposed, despite a serious index offence.