MHA 1983 s24

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Mental Health Act 1983
(as amended)

Part II contents

2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12A, 13, 14, 15, 16, 17, 17A, 17B, 17C, 17D, 17E, 17F, 17G, 18, 19, 19A, 20, 20A, 20B, 21, 21A, 21B, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34

All Parts

I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules

Responsible Clinician/Approved Clinician replaces Responsible Medical Officer 3/11/08

Related cases

Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.

See also

  • Reference Guide to the Mental Health Act 1983, 12. Detention in hospital, 15. Supervised Community Treatment, 19. Guardianship and guardianship orders — paragraphs 12.131 to 12.135 (detention), 15.124 to 15.125 (SCT) and 19.119 (guardianship)

Law

Visiting and examination of patients

24.—(1) For the purpose of advising as to the exercise by the nearest relative of a patient who is liable to be detained or subject to guardianship under this Part of this Act[, or who is a community patient,][1] of any power to order his discharge, any registered medical practitioner [or approved clinician][1] authorised by or on behalf of the nearest relative of the patient may, at any reasonable time, visit the patient and examine him in private.

(2) Any registered medical practitioner [or approved clinician][1] authorised for the purposes of subsection (1) above to visit and examine a patient may require the production of and inspect any records relating to the detention or treatment of the patient in any hospital [or to any after-care services provided for the patient under section 117 below].[2]

(3) Where application is made by the Secretary of State or a [[Local Health Board],[3] Special Health Authority[, Primary Care Trust][4] [, National Health Service trust or NHS foundation trust][5]][6] to exercise [any power under section 23(3) above to make an order for a patient's discharge],[1] the following persons, that is to say—

(a) any registered medical practitioner [or approved clinician][1] authorised by the Secretary of State or, as the case may be, that [[Local Health Board],[3] Special Health Authority[, Primary Care Trust][4] [, National Health Service trust or NHS foundation trust][5]];[6] and
(b) any other person (whether a registered medical practitioner [or approved clinician][1] or not) authorised under [Part II of the Care Standards Act 2000][7] to inspect [the establishment in question],[1]

may at any reasonable time visit the patient and interview him in private.

(4) Any person authorised for the purposes of subsection (3) above to visit a patient may require the production of and inspect any documents constituting or alleged to constitute the authority for the detention of the patient[, or (as the case may be) for his liability to recall,][1] under this Part of this Act; and any person so authorised, who is a registered medical practitioner [or approved clinician][1], may examine the patient in private, and may require the production of and inspect any other records relating to the treatment of the patient in [the establishment][1] [or to any after-care services provided for the patient under section 117 below].[2]

Amendments

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 Mental Health Act 2007 s9, s32 & sch 3; Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008
  2. ↑ 2.0 2.1 Mental Health (Patients in the Community) Act 1995
  3. ↑ 3.0 3.1 References to Health Authorities Order 2007
  4. ↑ 4.0 4.1 Health Act 1999 (Supplementary, Consequential, etc Provisions) Order 2000
  5. ↑ 5.0 5.1 Health and Social Care (Community Health and Standards) Act 2003
  6. ↑ 6.0 6.1 Health Authorities Act 1995
  7. ↑ Care Standards Act 2000
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