The Mental Health Act 2001

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Date:
30 November 2006

Category:
Module 4: Mental Health Tribunals

Question:
If a legal representative has obtained consent from a patient to look at his/her file prior to a tribunal - should this be done in private or does the patient have the right to review the file with the legal representative?

Answer:

Once the legal representative has obtained written permission to access patients file he /her is entitled to do so. This consent is only for the legal representative to view the files. The issue of the patient reviewing his/her notes is another matter. If the patient wants to view his/her files the normal procedure for a patient to access his/her file under freedom of information would be required.



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