P78 - Hospital Managers Policy

The Trust Board is responsible for ensuring that the MHA is used lawfully and fairly, in accordance with the principles of the MHA Code of Practice (2015), including ensuring that all paperwork is scrutinised for validity, that detained patients are informed of their rights and that patients are referred to the Tribunal within the timeframes set out in the Act. They also have various powers, to discharge patients from detention, transfer detained patients to other hospitals in accordance with regulations, as well as withholding a patient’s outgoing correspondence where the law permits and withholding incoming correspondence in the Trust’s high secure services.

In practice Hospital Managers (Trust Board) delegate most of their functions to staff, who receive MHA paperwork on their behalf, and carry out audits on how the MHA is used and as such this policy should be read in conjunction with the Trusts Scheme of Delegation and the Mental Health Act Policy.

Policy Categories

  • Clinical