# Wrong section on renewal papers **URL:** \ **Category:** Mental Health Act\ **Tags:** mha-forms\ **Created:** [4 July 2023 13:47 UTC](https://forum.mentalhealthlaw.co.uk/t/wrong-section-on-renewal-papers/1699 "2023-07-04T13:47:28Z")\ **Posts on this page:** 9\ **Page:** 1
**Author:** ![Cheryl](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/c/dbc845/32.png) [@Cheryl](https://forum.mentalhealthlaw.co.uk/u/Cheryl)\ **Post date:** [4 July 2023 13:47 UTC](https://forum.mentalhealthlaw.co.uk/t/wrong-section-on-renewal-papers/1699/1 "2023-07-04T13:47:28Z")
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? ---
**Author:** ![GuyDavis](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/g/eb9ed0/32.png) [@GuyDavis](https://forum.mentalhealthlaw.co.uk/u/GuyDavis)\ **Post date:** [4 July 2023 14:04 UTC](https://forum.mentalhealthlaw.co.uk/t/wrong-section-on-renewal-papers/1699/2 "2023-07-04T14:04:49Z")
It’s a minor ‘slip of the pen’; just attach a file note. ---
**Author:** ![Richard\_Rook](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/r/ecb155/32.png) [@Richard\_Rook](https://forum.mentalhealthlaw.co.uk/u/Richard_Rook)\ **Post date:** [4 July 2023 14:16 UTC](https://forum.mentalhealthlaw.co.uk/t/wrong-section-on-renewal-papers/1699/3 "2023-07-04T14:16:34Z")
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. ---
**Author:** ![Wendy](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/w/2bfe46/32.png) [@Wendy](https://forum.mentalhealthlaw.co.uk/u/Wendy)\ **Post date:** [4 July 2023 14:27 UTC](https://forum.mentalhealthlaw.co.uk/t/wrong-section-on-renewal-papers/1699/4 "2023-07-04T14:27:22Z")
I agree ‘slip of the pen’ should have been picked up at the time but we’re all human. ---
**Author:** ![Doctorcuratola](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/d/ed8c4c/32.png) [@Doctorcuratola](https://forum.mentalhealthlaw.co.uk/u/Doctorcuratola)\ **Post date:** [4 July 2023 14:35 UTC](https://forum.mentalhealthlaw.co.uk/t/wrong-section-on-renewal-papers/1699/5 "2023-07-04T14:35:53Z")
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. ---
**Author:** ![Cheryl](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/c/dbc845/32.png) [@Cheryl](https://forum.mentalhealthlaw.co.uk/u/Cheryl)\ **Post date:** [4 July 2023 15:43 UTC](https://forum.mentalhealthlaw.co.uk/t/wrong-section-on-renewal-papers/1699/6 "2023-07-04T15:43:31Z")
Thank you all for your responses. Does anyone know under what legal provision the amendment/file note could be done? ---
**Author:** ![Julesroley](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/j/90db22/32.png) [@Julesroley](https://forum.mentalhealthlaw.co.uk/u/Julesroley)\ **Post date:** [4 July 2023 15:47 UTC](https://forum.mentalhealthlaw.co.uk/t/wrong-section-on-renewal-papers/1699/7 "2023-07-04T15:47:38Z")
A minor clerical error, I would simply attach a file note ---
**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Post date:** [10 July 2023 21:54 UTC](https://forum.mentalhealthlaw.co.uk/t/wrong-section-on-renewal-papers/1699/8 "2023-07-10T21:54:04Z")
> [@Cheryl](#): > > Does anyone know under what legal provision the amendment/file note could be done? For the initial recommendations and application for detention the most relevant provision would be [s15](https://www.mentalhealthlaw.co.uk/MHA_1983_s15), but I can’t think of an equivalent for renewals. Anyway, it sounds as though the procedure for renewals in [s20](https://www.mentalhealthlaw.co.uk/MHA_1983_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. ---
**Author:** ![Cheryl](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/c/dbc845/32.png) [@Cheryl](https://forum.mentalhealthlaw.co.uk/u/Cheryl)\ **Post date:** [14 July 2023 13:01 UTC](https://forum.mentalhealthlaw.co.uk/t/wrong-section-on-renewal-papers/1699/9 "2023-07-14T13:01:04Z")
Thank you Jonathan