The Mental Health Act 2001

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Date:
21 November 2006

Category:
Module 4: Mental Health Tribunals

Question:
(1) Are there guidelines regarding the solicitor's access to the patient's notes? (2) Is it required for someone to sit in with the solicitor when he/she is reviewing the notes? (3) If the solicitor requests copies of the notes etc, does this have to go through the FOI process?

Answer:

A solicitor can access a patients notes if  consent is obtained from the patient to do so.

It is not required for someone to sit in with the solicitor when he/she is reviewing the notes.

A solicitor can request a copy of the notes, again the patient must have consented and your service should have a policy on the this procedure.



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