My Thalamos form has been rejected. What should I do?

My Thalamos form has been rejected. What should I do?

The wording on the forms is the statutory component, not the colour nor the logo. The wording on Thalamos' Forms is correct in law, the primary legislation is available here https://www.legislation.gov.uk/uksi/2020/1072/regulation/7/made.

For instance, the Care Quality Commission are using the pink version of the Thalamos forms and have expressly confirmed that these are valid. We have also had confirmation from the Department of Health and Social Care. 

The guidance on the new legislation is here: https://www.legislation.gov.uk/uksi/2020/1072/pdfs/uksiem_20201072_en.pdf
The Forms are also available in both formats here: https://www.mentalhealthlaw.co.uk/Mental_Health_Act_1983_Statutory_Forms

Patients for whom you have completed assessments are not illegally detained on the basis of a Thalamos initiated Form - though clearly we can't comment as to its content.

We advise  MHA Legal Teams and AMHP Teams to check with their Trust Legal Team, the CQC, DHSC or a Mental Health Law Forum. All of whom will be able to confirm the above. A free public Forum which includes lawyers is available here https://www.mentalhealthlaw.co.uk/Discussion

The Department of Health White Forms are of course legal too, however if they are shared over an insecure email connection, for example Doctors.org to NHS.net then that is an insecure transfer of patient information. It is also far from best practice from a GDPR perspective. Attached for your information is some headline guidance we've created on these points, please feel free to forward it on. Likewise, please feel free to forward this email on. 

We hope this goes some way towards reassurance, however we appreciate it may not answer your immediate challenge. We would be happy to discuss this further with the AMHP, MHA Admin or trust leadership in question over a phone call or a meeting. 

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