My client was detained under Section 2. The AMHP and the doctors all saw him on 01/08/2025 and signed the papers on the same day. However, the H3 form states that he was admitted to hospital on 26/07/2025, and it was signed on behalf of the hospital manager on 10/08/2025. When does his section start — on 01/08/2025 or 10/08/2025?
I suspect there has been an error in the completion of the form H3. For a person who was an inpatient when the application was submitted, it is part b of the form which should have been completed, with the date and time the forms were accepted. If they have completed part a with the actual admission date prior to the application being submitted, that is incorrect. Or if they have entered the initial admission date in part b, that is also incorrect. Incorrect does not necessarily mean unlawful.
The section will have started at the time and date the application was accepted on behalf of the hospital managers. An incorrectly completed form H3 is confusing, but will not change the facts. And the date of the signature of form H3 has nothing to do with the start of the section.
You need to go back to the MHA admin team and ask them to check the accuracy of the form H3 and give you the definitive answer.