The Mental Health Act 2001

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Date:
21 November 2006

Category:
Module 4: Mental Health Tribunals

Question:
Are there specific guidelines for the role of the nursing staff when a patient is being seen by their appointed solicitor or visiting cunsultant? (i.e. are nursing staff obliged to go in with the patient when they are being seen by their solicitor?)

Answer:

There are no specific guidelines in the Mental Health Act 2001 for the role of the nursing staff when a patient is being seen by their legal representative or the consultant carrying out the independent report for the mental health tribunal. The legal representative will more than likely want to speak to the patient on his/her own for client/advocate confidentiality. The staff responsible for the care and treatment of the patient must consider that the best interests of the patient are the primary consideration and a case by case assessment will be required.



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