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The Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008

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Provision of information – patients subject to guardianship

15.—(1) Upon a patient becoming subject to guardianship under the Act, the responsible local social services authority must take such steps as are practicable to cause to be informed both the patient and the person (if any) appearing to the authority to be the patient’s nearest relative of the rights referred to in paragraph (2).

(2) The rights are—

(a)the patient’s right to apply to a Tribunal under section 66 ;

(b)the nearest relative’s right, as the case may be, to—

(i)discharge the patient under section 23 , or

(ii)apply to a Tribunal under section 69 (where the patient is, or is treated as being, subject to guardianship under section 37 ).

(3) Where information referred to in paragraph (1)—

(a)is to be given to the patient, it must be given both orally and in writing;

(b)is to be given to the nearest relative it must be given in writing.

(4) Unless the patient requests otherwise, where—

(a)a patient’s guardianship is renewed pursuant to a report furnished under section 20, the responsible local social services authority must take such steps as are reasonably practicable to cause the person (if any) appearing to it to be the patient’s nearest relative to be informed of that renewal as soon as practicable following the decision of the responsible local social services authority not to discharge the patient;

(b)by virtue of section 21B(7) a patient’s guardianship is renewed pursuant to a report furnished under section 21B(2), the responsible local social services authority must take such steps as are reasonably practicable to cause the person (if any) appearing to it to be the patient’s nearest relative to be informed of that renewal as soon as practicable following the decision of the responsible local social services authority not to discharge the patient;

(c)by virtue of section 21B(5) and (6) a patient’s guardianship is renewed retrospectively pursuant to a report furnished under section 21B(2), the responsible local social services authority must take such steps as are reasonably practicable to cause the person (if any) appearing to it to be the patient’s nearest relative to be informed of that renewal as soon as practicable following the receipt by the responsible local social services authority of that report.

(5) Where paragraph (4)(b) or (c) applies, the responsible local social services authority must, as soon as practicable inform the private guardian (if any) of its receipt of a report furnished under section 21B.

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