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Mental Health (Amendment) Act 1982

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This is the original version (as it was originally enacted).

16Applications by mental welfare officers

(1)Section 54 of the principal Act (duty of mental welfare officer to make applications) shall be amended as follows.

(2)In subsection (1) for the words " the local authority " there shall be substituted the words

the local social services authority.

(3)After subsection (1) there shall be inserted—

(1A)Before making an application for the admission of a patient to hospital a mental welfare officer shall interview the patient in a suitable manner and satisfy himself that detention in a hospital is in all the circumstances of the case the most appropriate way of providing the care and medical treatment of which the patient stands in need.

(1B)An application under this section by a mental welfare officer may be made outside the area of the local social services authority by whom he is appointed.

(1C)It shall be the duty of a local social services authority, if so required by the nearest relative of a patient residing in their area, to direct a mental welfare officer as soon as practicable to take the patient's case into consideration under subsection (1) of this section with a view to making an application for his admission to hospital; and if in any such case that officer decides not to make an application he shall inform the nearest relative of his reasons in writing.

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