Part 17

Patient representation etc.
Chapter 2

Advocacy etc.

Information

Provision of assistance to patient with communication difficulties
261
1
This section applies where—
a
a patient is detained in hospital by virtue of—
i
this Act; or
ii
the 1995 Act; or
b
though not detained in hospital, a patient is subject to—
i
an emergency detention certificate;
ii
a short-term detention certificate;
iii
a compulsory treatment order;
iv
an interim compulsory treatment order;
v
an assessment order;
vi
a treatment order;
vii
a hospital direction;
viii
a transfer for treatment direction;
ix
an interim compulsion order; or
x
a compulsion order,
and the patient has difficulty in communicating or generally communicates in a language other than English.
2
The appropriate person shall take all reasonable steps to secure that, for the purpose of enabling the patient to communicate during each of the events mentioned in subsection (3) below—
a
arrangements appropriate to the patient’s needs are made; or
b
the patient is provided with assistance, or material, appropriate to the patient’s needs.
3
Those events are—
a
any medical examination of the patient carried out for the purpose of assessing the patient’s mental disorder;
b
any review under this Act or the 1995 Act of the patient’s detention; or
c
any proceedings before the Tribunal relating to the patient.
4
As soon as practicable after taking any steps under subsection (2) above, the appropriate person shall make a written record of the steps.
5
In this section “the appropriate person” has the meaning given by section 260(5) of this Act.
S. 261 modified (5.10.2005) by Mental Health (Cross-border transfer; patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005 (S.S.I. 2005/467), regs. 1(1), 44 (with reg. 2)
S. 261 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)