PART VITHE MENTAL HEALTH COMMISSION FOR NORTHERN IRELAND
Functions of F1RQIA86.
(1)
It shall be the duty of F1RQIA to keep under review the care and treatment of patients, including (without prejudice to the generality of the foregoing) the exercise of the powers and the discharge of the duties conferred or imposed by this Order.
(2)
In the exercise of its functions under paragraph (1) it shall be the duty of F1RQIA—
(a)
to make inquiry into any case where it appears to F1RQIA that there may be ill-treatment, deficiency in care or treatment, or improper detention in hospital or reception into guardianship of any patient, or where the property of any patient may, by reason of his mental disorder, be exposed to loss or damage;
(b)
as often as F1RQIA thinks appropriate to visit and interview in private patients who are liable to be detained in hospital under this Order;
(c)
to bring to the attention of the Department, the Secretary of State, F2F3... an F4HSC trust or the person carrying on a private hospital,F5 residential care home, voluntary home or nursing home the facts of any case in which in the opinion of F1RQIA it is desirable for the Department, the Secretary of State, F2F6... the F4HSC trust or that person to exercise any of their functions to secure the welfare of any patient by—
(i)
preventing his ill-treatment;
(ii)
remedying any deficiency in his care or treatment;
(iii)
terminating his improper detention in hospital or reception into guardianship; or
(iv)
preventing or redressing loss or damage to his property;
(d)
(3)
In the exercise of its functions under paragraph (1)F1RQIA may—
(a)
where it thinks fit, refer to the Review Tribunal the case of any patient who is liable to be detained in hospital or subject to guardianship under this Order;
(b)
at any reasonable time visit, interview and medically examine in private any patient in a hospital, private hospital,F5 residential care home, voluntary home or nursing home or any person subject to guardianship under this Order;
(c)
require the production of and inspect any records relating to the detention or treatment of any person who is or has been a patient in a hospital, private hospital,F5 residential care home, voluntary home or nursing home or relating to any person who is or has been subject to guardianship under this Order.
(4)
Schedule 8 to the M1 Health and Personal Social Services (Northern Ireland) Order 1972 shall have effect in relation to any inquiry under paragraph (2)(a) as it has effect in relation to any inquiry under Article 54 of that Order, but with the omission of paragraphs 1, 2 and 6 of that Schedule and the substitution for references to the person appointed to hold the inquiry of references to F1RQIA .
(5)
(6)
Where in the exercise of its functions under this Article F1RQIA has advised any body or person on any matter or brought any case or matter to the attention of any body or person, F1RQIA may by notice in writing addressed to that body or person require that body or person, within such reasonable period as F1RQIA may specify in the notice, to provide to F1 RQIA such information concerning the steps taken or to be taken by that body or person in relation to that case or matter as F1RQIA may so specify; and it shall be the duty of every body or person on whom a notice is served under this paragraph to comply with the requirements of that notice.
(7)
Paragraph (6) does not apply to the Review Tribunal.
(8)
In this Article “voluntary home” has the meaning assigned to it byF10 Article 74 of the Children (Northern Ireland) Order 1995.