448
equality issues and, 38.10
exclusion or restriction of visitors, 11.11, 11.17–18
exercise of functions, 37.7–37.11
governance arrangements to monitor and review, 37.11
help to nearest relatives, 32.25
identication of, 37.2–37.6
information
for under 18s detained under the Act, 19.76, Ann B
about IMHAs, 37.14–37.15, 37.33
for CTO patients, 29.35, 29.68, 37.32, Ann B
for nearest relatives, 4.30, 37.32, 38.11
information policy, 4.48, Ann B
learning disabilities or autism and, 20.44
monitoring and storage of treatment certicates, 25.82,
25.86, Ann B
monitoring of exceptions to certicate requirements,
25.42, Ann B
nominated deputies and, 18.17, Ann B
operational policy for searches, 8.29–32
places of safety and, 16.16
policy for selection of second professional, 32.5
policy on mobile devices, 8.19–20, Ann B
privacy of visits and, 11.8, 11.10
proper distinct naming of units, 14.90
protocols for allocating responsible clinicians, 36.3–
36.4, Ann B
receipt and scrutiny of documents under the Act, 35.7,
35.17, 35.18–35.20, 37.12, Ann B
record of approved clinicians, 25.6, Ann B
reference to Tribunal by, 12.24, 19.110, 37.39–37.46,
Ann B
responsibilities towards CTO patients, 29.69–29.72,
37.4–37.5, 37.7, 37.30–37.1, Ann B
responsibility for seeing that the requirements of the Act
are followed, 37.3–37.4
responsibility relating to Tribunals and hearings, 4.22,
12.2, 12.6, 12.8, 12.10, 12.11, 12.17, 12.25, 12.26,
12.35, 12.40, 37.39–37.46, 38.49
restricted patients and, 22.26
reviews of de facto detention, 32.10
reviews of detentions or CTOs, 38.11–38.40, 38.41–
38.49, 38.50, Ann B
rights of to discharge CTO/detained patients, 4.21, 4.28
scheme of delegation, 37.9, 37.16, Ann B
section 5 powers and, 18.28, 18.40, Ann B
SOADs and, 25.57
support to detained patients to enable them to attend
County Court, 5.22
system for recording leave, 27.22, Ann B
‘three month period’ under section 58, 25.15, Ann B
transfer between hospitals authority, 37.16–37.27
transfers to guardianship, 37.28–37.29
transport of patients and, 17.2, 17.24, 17.29, Ann B
withholding of correspondence, 4.27, 37.37–37.38,
Ann B
hospital orders/remands to hospital, 22.13, 22.18, 22.24,
22.27, 22.28, 22.36, Ann A (410)
Human Rights Act 1998 (HRA), 1.22, 3.4–5, 19.1, 19.39,
20.2, 20.44, 24.42, 26.45, Ann A (410)
human rights issues, 3.1, 3.3–7
article 5 right to liberty, 13.36, 13.47, 14.61, 19.44,
19.48, 20.43, 26.49, 32.10, 37.45
article 8 rights over privacy and family life, 4.36, 8.4,
8.12, 11.4, 14.61, 19.48, 20.43, 24.43, 26.48, 37.18
compulsory administration of treatment and, 24.42–44
decisions restricting a person’s rights, 3.6
‘Equality and Human Rights Policy’, 3.15, Ann B
human rights and equality policy, 3.15, Ann B
‘PANEL’ principles, 3.4
relevant international conventions, 3.2
restrictive interventions and, 26.2, 26.45–26.51
UN Convention on the Rights of Persons with
Disabilities, 3.2
UN Convention on the Rights of the Child (UNCRC),
3.2, 19.48
UN Declaration of Human Rights (1948), 3.2
United Nations Optional Protocol to the Convention
against Torture (OPCAT), 3.2
I
illegal, anti-social or ‘immoral’ behaviours, 2.8
Immigration Act (1971), 14.126
immigration legislation, patients detained under, 14.126–
129, 22.66, 22.67
immigration removal centres, 14.127, 14.129
independent hospitals, 19.121, 19.123, 37.2, 38.7,
39.4–39-5, Ann A (410)
independent mental capacity advocates (IMCAs), 1.12,
6.4, 34.12, 38.12, Ann A (411)
guidance on functions of, 6.5
learning disabilities or autism and, 20.44
independent mental health advocates (IMHAs), xxxix,
1.12, 3.13, 4.13, 6.1–2, Ann A (411)
access to patients and professionals, 6.26–29
application to County Court to appoint/displace nearest
relative, 5.16
care programme approach, 34.12, 34.13
commissioning of, 6.3, 6.6–7
communication with patient and, 4.7
conditions attached to CTOs and, 29.33
consulted by SOADs, 25.59
CTO extension and, 32.12
disclosure of condential patient information to, 10.8
duty to inform patients about the availability of, 6.15–20
ECT treatment and, 13.66, 19.88
eligibility for services (qualifying patients), 4.66, 6.8–11,
Ann A (414)
information about, 6.15–6.20, 37.14–37.15, 37.33
information for under 18s detained under the Act,
19.76–77, 19.79, 19.88, 19.107, Ann B
learning disabilities or autism and, 20.29, 20.44, 20.45
long-term segregation and, 26.150, 26.155, 26.156,
Ann B
nominated by patient, 4.38
patients’ rights to refuse or end help, 6.25
positive behaviour support plans and, 26.16
purpose of the service, 6.3–5
restrictive interventions and, 26.77, Ann B
reviews of detentions or CTOs, 4.23, 38.12, 38.28,
38.34
Index