Mental Health Act 1983

[F125E Review of after-care under supervision etc.E+W

(1)The after-care services provided (or to be provided) under section 117 below for a patient who is (or is to be) subject to after-care under supervision, and any requirements imposed on him under section 25D above, shall be kept under review, and (where appropriate) modified, by the responsible after-care bodies.

(2)This subsection applies in relation to a patient who is subject to after-care under supervision where he refuses or neglects—

(a)to receive any or all of the after-care services provided for him under section 117 below; or

(b)to comply with any or all of any requirements imposed on him under section 25D above.

(3)Where subsection (2) above applies in relation to a patient, the responsible after-care bodies shall review, and (where appropriate) modify—

(a)the after-care services provided for him under section 117 below; and

(b)any requirements imposed on him under section 25D above.

(4)Where subsection (2) above applies in relation to a patient, the responsible after-care bodies shall also—

(a)consider whether it might be appropriate for him to cease to be subject to after-care under supervision and, if they conclude that it might be, inform the community responsible medical officer; and

(b)consider whether it might be appropriate for him to be admitted to a hospital for treatment and, if they conclude that it might be, inform an approved social worker.

(5)The responsible after-care bodies shall not modify—

(a)the after-care services provided (or to be provided) under section 117 below for a patient who is (or is to be) subject to after-care under supervision; or

(b)any requirements imposed on him under section 25D above,

unless subsection (6) below is complied with.

(6)This subsection is complied with if—

(a)the patient has been consulted about the modifications;

(b)any person who the responsible after-care bodies believe plays (or will play) a substantial part in the care of the patient but is not (or will not be) professionally concerned with the after-care services provided for the patient under section 117 below has been consulted about the modifications;

(c)such steps as are practicable have been taken to consult the person (if any) appearing to be the nearest relative of the patient about the modifications; and

(d)the responsible after-care bodies have taken into account any views expressed by the persons consulted.

(7)Where the patient has requested that paragraph (c) of subsection (6) above should not apply, that paragraph shall not apply unless—

(a)the patient has a propensity to violent or dangerous behaviour towards others; and

(b)the community responsible medical officer (or the person who is to be the community responsible medical officer) considers that it is appropriate for steps such as are mentioned in that paragraph to be taken.

(8)Where the responsible after-care bodies modify the after-care services provided (or to be provided) for the patient under section 117 below or any requirements imposed on him under section 25D above, they shall—

(a)inform the patient both orally and in writing;

(b)inform any person who has been consulted under paragraph (b) of subsection (6) above; and

(c)inform in writing any person who has been consulted under paragraph (c) of that subsection,

that the modifications have been made.

(9)Where—

(a)a person other than the person named in the supervision application becomes the community responsible medical officer when the patient leaves hospital; or

(b)when the patient is subject to after-care under supervision, one person ceases to be, and another becomes, the community responsible medical officer,

the responsible after-care bodies shall comply with subsection (11) below.

(10)Where—

(a)a person other than the person named in the supervision application becomes the supervisor when the patient leaves hospital; or

(b)when the patient is subject to after-care under supervision, one person ceases to be, and another becomes, the supervisor,

the responsible after-care bodies shall comply with subsection (11) below.

(11)The responsible after-care bodies comply with this subsection if they—

(a)inform the patient both orally and in writing;

(b)inform any person who they believe plays a substantial part in the care of the patient but is not professionally concerned with the after-care services provided for the patient under section 117 below; and

(c)unless the patient otherwise requests, take such steps as are practicable to inform in writing the person (if any) appearing to be the nearest relative of the patient,

of the name of the person who becomes the community responsible medical officer or the supervisor.]