Rectification of incorrect documentation under the Mental Health Act 1983

Abstract

Section 15 of the Mental Health Act 1983 permits the rectification of documentary errors relating to the compulsory admission of patients into hospital. There are certain errors, however, which are not capable of rectification under the Act and render the detention unlawful. This article considers the scope and application of s. 15 and assesses the prospects of litigation in those circumstances where documentary errors invalidate the patient's detention.

Key Words:

• Mental Health Act 1983
• illegal detention
• rectifying errors