Client is on a S37 since 2015. In the form H5, dated August 2022, the RC has stated that they are renewing the S3. The hospitals view is that this is merely a typo and is of no consequence. Our view is that this is a fundamental error and the renewal was invalid.
This is a new one on us, anyone have a view?
It’s a minor ‘slip of the pen’; just attach a file note.
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I agree with Guy. The renewal criteria and process are identical, so it’s just a clerical error and immaterial. To argue otherwise would be form over substance.
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I agree ‘slip of the pen’ should have been picked up at the time but we’re all human.
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I will agree. There is no need to go strictly on certain technicalities. It just worsen the rapport with other people. Though, I agree that it has to be amended as soon as possible.
Thank you all for your responses. Does anyone know under what legal provision the amendment/file note could be done?
A minor clerical error, I would simply attach a file note
For the initial recommendations and application for detention the most relevant provision would be s15, but I can’t think of an equivalent for renewals. Anyway, it sounds as though the procedure for renewals in s20 has been followed, so the mistake would count as being inconsequential/de minimis and you wouldn’t need to refer to any legal provision.
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Thank you Jonathan