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Mental Health Act 1983
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Changes over time for: Section 120
Version Superseded: 01/04/2009
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120 General protection of detained patients.E+W
(1)The Secretary of State shall keep under review the exercise of the powers and the discharge of the duties conferred or imposed by this Act so far as relating to the detention of patients or to patients liable to be detained under this Act [F1or to community patients] and shall make arrangements for persons authorised by him in that behalf—
(a)to visit and interview in private patients detained under this Act in hospitals and [F2registered establishments][F3and community patients in hospitals and establishments of any description and (if access is granted) other places] ; and
(b)to investigate—
(i)any complaint made by a person in respect of a matter that occurred while he was detained under this Act in [F4, or recalled under section 17E above to,] a hospital or [F2registered establishment] and which he considers has not been satisfactorily dealt with by the managers of that hospital or [F2registered establishment]; and
(ii)any other complaint as to the exercise of the powers or the discharge of the duties conferred or imposed by this Act in respect of a person who is or has been so detained [F5or is or has been a community patient].
(2)The arrangements made under this section in respect of the investigation of complaints may exclude matters from investigation in specified circumstances and shall not require any person exercising functions under the arrangements to undertake or continue with any investigation where he does not consider it appropriate to do so.
(3)Where any such complaint as is mentioned in subsection (1)(b)(ii) above is made by a Member of Parliament and investigated under the arrangements made under this section the results of the investigation shall be reported to him.
(4)For the purpose of any such review as is mentioned in subsection (1) above or of carrying out his functions under arrangements made under this section any person authorised in that behalf by the Secretary of State may at any reasonable time—
(a)visit and interview and, if he is a registered medical practitioner [F6or approved clinician] , examine in private any patient in a [F7hospital or establishment of any description] ; and
(b)require the production of and inspect any records relating to the detention or treatment of any person who is or has been detained [F8under this Act or who is or has been a community patient] .
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
(6)The Secretary of State may make such provision as he may with the approval of the Treasury determine for the payment of remuneration, allowances, pensions or gratuities to or in respect of persons exercising functions in relation to any such review as is mentioned in subsection (1) above or functions under arrangements made under this section.
(7)The powers and duties referred to in subsection (1) above do not include any power or duty conferred or imposed by Part VII of this Act.
[F10(8)In this section, “establishment of any description” has the same meaning as in section 119 above.]
Textual Amendments
F1Words in s. 120(1) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 26(2)(a) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
F2Words in s. 120(1)(4) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 9(2); S.I. 2001/4150, art. 3(3) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, reg. 3(3)(d) (subject to transitional provisions in Schs. 1-3 and art. 3(4)-(10))
F3Words in s. 120(1)(a) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 26(2)(b) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
F4Words in s. 120(1)(b)(i) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 26(2)(c)(i) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
F5Words in s. 120(1)(b)(ii) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 26(2)(c)(ii) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
F6Words in s. 120(4)(a) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 14(3)(a), 56, (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
F7Words in s. 120(4)(a) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 26(3)(a) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
F8Words in s. 120(4)(b) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 26(3)(b) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
F9S. 120(5) repealed by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3
F10S. 120(8) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 26(4) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
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