Mental Health Act 2013

This section applies if – a person is, or is going to be, admitted as a patient to an approved hospital or SMHU; or a patient is, or is going to be, transferred from an approved hospital to – another approved hospital; or an SMHU; or a patient is, or is going to be, transferred from an SMHU to – another SMHU; or a secure institution; or an approved hospital; or a health service within the meaning of the Health Complaints Act 1995; or premises where a health service within the meaning of the Health Complaints Act 1995 is provided; or a patient is, or is going to be, discharged from an approved hospital, an SMHU, a secure institution, a health service within the meaning of the Health Complaints Act 1995 or a place from which such a service is provided.

Subject to subsection (3), the controlling authority is to make a reasonable attempt to notify at least one interested person of the admission, transfer or discharge or, as the case may be, impending admission, transfer or discharge.

However, the notification is not to be given over any objection by the patient unless – an approved medical practitioner advises the controlling authority that the notification would be desirable having regard to – the patient's health or safety; or the safety of other persons; or the Tribunal directs the controlling authority to do so.

In the case of an impending admission, transfer or discharge, the notification is to be given as far in advance as practicable.

In this section – interested person means – a representative of the patient; or a support person of the patient; or any other person who the controlling authority reasonably regards as having a proper interest in the patient's welfare; patient means, as the context requires, an involuntary patient or forensic patient, and includes a prospective patient.