A patient was sectioned under a S3 on 16/06/2022 the AMHP A is on a old form does this invalidate the section. It has only just come to light
Thanks
It’s probably OK
See R (SP) v SSJ [2010] EWCA Civ 1590 - Mental Health Law Online
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Thanks but the receiving hospital will not accept it
Presumably the receiving hospital wouldn’t be daft enough to allow an administrative/legal technicality to impede the clinical need of the patient to be in their service(?!). They can deal with it as they see fit, once they receive the patient.
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The receiving hospital should receive the p if clinical grounds appear to be met. They could then ask the practitioner who used an old form to pop in and ‘correct’ it by putting the information on the new style form and signing it. The ability to correct technical errors on forms within 14 days must apply here surely??
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