HC Deb 28 October 1987 vol 121 cc261-2W
Mr. Irving

asked the Secretary of State for the Home Department what steps his Department currently takes when, in relation to a patient to whom section 73 of the Mental Health Act 1983 applies, a mental health review tribunal includes in its written decision a recommendation that a patient be granted leave of absence or be transferred to another hospital or be transferred into guardianship.

Mr. Douglas Hogg

Any such recommendation received in the Home Office is acknowledged, and any comments are offered which can usefully be made at that stage. Correspondence with the tribunal is copied to the patient's responsible medical officer, since it is for this officer to consider the recommendation in the first instance. If the responsible medical officer submits a proposal based on a tribunal's recommendation, full account is taken of the tribunal's views. At any subsequent hearing of the case, the statement which the Home Office provides will explain the outcome of any recommendation which the tribunal had made.

Mr. Irving

asked the Secretary of State for the Home Department whether he intends to seek the amendment of section 73 of the Mental Health Act 1983 to give mental health review tribunals statutory power to make recommendations that a patient to whom section 73 applies be granted leave of absence or transfer to another hospital or transfer into guardianship.

Mr. Douglas Hogg

No.

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