HC Deb 18 October 1982 vol 29 cc169-71
Mr. Geoffrey Finsberg

I beg to move amendment No. 111, in page 38, line 25, leave out 'this section' and insert—

'subsections (1) and (2) above'.
Mr. Deputy Speaker (Mr. Paul Dean)

With this we may discuss the following: Government amendment No. 112.

Amendment No. 65, in page 38, line 26, at end add —'(4) A copy of the requisite information, in writing, shall be supplied to the nearest relative of the patient (if any); provided that the patient may request that that copy be not supplied, in which case the request shall be complied with.'.

3 am

Mr. Finsberg

This amendment takes a further step in ensuring that, wherever possible, a detained patient's family is kept informed and involved. It will be given a copy of the information in writing telling the patient about his legal rights and status.

Our amendments are based very much on amendment No. 65 in the name of the hon. Member for Croydon, North-West (Mr. Pitt), which I am pleased to accept in principle. As the House will appreciate, it is important that the arrangements should be workable. Our amendment covers the position where the hospital cannot find out who the nearest relative is. It also specifies who is to supply the leaflet and says that it must be sent within a reasonable time.

Amendment agreed to.

Amendment made: No. 112, in page 38, line 26, at end insert— '(4) The managers of a hospital or mental nursing home in which a patient is detained as aforesaid shall, except where the patient otherwise requests, take such steps as are practicable to furnish the person (if any) appearing to them to be his nearest relative with a copy of any information given to him in writing under subsection (1) and (2) above; and those steps shall be taken when the information is given to the patient or within a reasonable time thereafter. (5) Section 52(5) of the principal Act (effect of order substituting acting nearest relative) shall have effect as if subsection (4) above were contained in Part IV of that Act. '.—[ Mr Geoffrey Finsberg.]

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