HELP! Does anyone know the effect/purpose of form 24 of the Mental Health Regulations (Northern Ireland) 1986? Does it convert the s3 of the 1983 Act to the NI version in the 1986 Order or is that covered by the MHA s91? And what is the effect on the detention if this form 24 is not completed following admission?
Form 24 is the form that must be completed by the RMO (Responsible Medical Officer) following a patient’s removal to Northern Ireland under Article 134 of the Mental Health (Northern Ireland) Order 1986.
The patient is subject to the relevant provisions of the MHA while being moved and becomes subject to the provisions of the Order as soon as they arrive in Northern Ireland. Because the definitions of mental disorder and related expressions are different from those contained in GB, Article 134 allows for the reclassification of the patient’s mental disorder following his transfer to Northern Ireland. The RMO is required to examine the patient and make a report in the prescribed form (Form 24) to the detaining authority (HSCT) within 28 days of the patient’s admission to hospital.
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That’s so clear. Is there a consequence should the form 24 not be completed in time?
Article 134 states that ‘the responsible medical officer shall, within 28 days of such admission or reception, furnish to the responsible authority a report’ (Form 24). Note the use of ‘shall’ rather than ‘may’. My understanding of shall in this context has the meaning of mandatory or a requirement.
If not completed I suppose a consequence could be that a case could be taken by the patient that his/her continued detention has not been ‘in accordance with a procedure prescribed by law’ under Article 5 of the ECHR. You would need to seek legal advice re this.
Article 134 requires that the RMO submits the completed report (Form 24) to the responsible authority who in turn must submit this to RQIA (NI’s equivalent of CQC). I would expect that they would also raise this with the Trust if the Form was not completed in the statutory time period if the matter was identified during monitoring processes.
In addition, ‘DoH Guidance on the Transfer of Patients Detained under Mental Health Legislation between Hospitals in NI and GB - MHO - June 2017’ states that the person in the responsible authority (Health and Social Care Trust) who is co-ordinating the transfer is also required to keep the Department of Health and Department of Justice (if relevant) and those commissioning the service informed of any developments.
So you can see there are a number of different levels of scrutiny!