Section 42 Mental Health Act

42 1 if the secretary of state is satisfied that in the case of any patient a restriction order is no longer required for the protection of the public from serious harm he may direct that the patient shall cease to be subject to the special restrictions set out in section 41 3 above.

Section 42 mental health act. Mental health act 1983 section 42 is up to date with all changes known to be in force on or before 21 september 2020. Name of person name of physician. The mental health act says when you can be detained in hospital and treated against your wishes.

It is vital that the local authority continues to offer the same level of safeguarding oversight and application of section 42 of the care act. You can be detained if professionals think your mental health puts you or others at risk and you need to be in hospital. And where the secretary of state so directs the restriction order shall cease to have effect and section 41 5 above shall apply accordingly.

It is likely that the number of safeguarding concerns may increase over this period and so it is also important that safeguarding teams are proportionate in their responses and aware of the pressure social care providers are likely to be under. Cf 1990 act s 67 1 an involuntary patientof a mental health facilityoranother person detained in a mental health facilitymay make an application tothe authorised medical officerto be discharged. 2 theauthorised medical officermay discharge the patientor person.

Ministry of health notice to person under subsection 38 1 of the act of application for psychiatric assessment under section 15 or an order under section 32 of the act form 42 mental health act to. 42 discharge of involuntary patientson own application. If you are detained nhs staff may be able to give you treatment even if you don t want it.

The secretary of state may at any time during the continuance in force of a restriction order in respect of a patient who has been. Section 42 3 of the mental health act 1983 provides that. From title 42 the public health and welfare chapter 6a public health service subchapter iii a substance abuse and mental health services administration part b centers and programs subpart 3 center for mental health services.

There are changes that may be brought into force at a future date.