§ Mr. CousinsTo ask the Secretary of State for Health if he will list the statutory provisions relating to the right of mentally disadvantaged patients to participate in assessment procedures or to receive written statements of such assessment.
§ Mr. DorrellMentally disordered patients have no statutory right under the Mental Health Act 1983 to participate in assessment procedures or to receive written statements of such assessments. It is considered good practice to involve patients in such procedures to the extent that their physical or mental health permits. Guidance is given in health circular HC(90)23 and local authority social services letter 90/11 and paragraph 2.6 of the code of practice issued under section 118 of the Mental Health Act 1983, copies of which are available in the Library.
If written assessments are recorded on computer, the Data Protection Act 1984 allows the patient the right of access except when it would be likely to cause him serious physical or mental harm—the Data Protection (Subject Access Modification) (Health) Order 1987. The same right will be extended to manual records from 1 November 1991 under the terms of the Access to Health Records Act 1990, except where it would be likely to cause him serious physical or mental harm.