Mental Health and Wellbeing Act 2022
573Role of authorised psychiatrist in transferring forensic patient
Start here
Get a plain-English read of 573
Turn the raw legal text into a practical explanation grounded in Mental Health and Wellbeing Act 2022.
573 Role of authorised psychiatrist in transferring forensic patient
(1) As soon as practicable after making a direction under section 571 or receiving a direction under section 572, the authorised psychiatrist must—
(a) ensure reasonable steps are taken to give the forensic patient a copy of the direction to transport the forensic patient to another designated mental health service and ensure its purpose and effect is explained; and
(b) ensure reasonable steps are taken to give a copy of the direction to the following persons in relation to the direction for the forensic patient—
(iii) a carer, if the authorised psychiatrist is satisfied that the direction will directly affect the carer and the care relationship;
(iv) a parent, if the forensic patient is under the age of 16 years;
(v) the DFFH Secretary, if that Secretary has parental responsibility for the forensic patient under a relevant child protection order; and
(c) ensure the primary non-legal mental health advocacy service provider is notified in relation to direction for the forensic patient; and
(d) ensure the forensic patient is transported to the receiving designated mental health service; and
(e) ensure any documents relevant to the treatment of the forensic patient are forwarded to the receiving designated mental health service.
(2) As soon as practicable after a forensic patient is transported to the receiving designated mental health service, the authorised psychiatrist of the receiving designated mental health service must take reasonable steps to ensure the Health Secretary is notified that the forensic patient has been received at that designated mental health service.
The duty to communicate still applies even if a written direction has been provided to a person.
574 Application to Forensic Leave Panel for review of decision to transport forensic patient to another designated mental health service
(1) A forensic patient who is subject to a direction made under section 571 or 572 to be transported to another designated mental health service may apply to the Forensic Leave Panel within 20 business days after the direction is made for a review of the direction.
(2) The following persons may apply to the Forensic Leave Panel for a review of a direction made under section 571 or 572 on behalf of a forensic patient referred to in subsection (1) within 20 business days after the direction is made—
(a) any person, at the request of the forensic patient;
(b) a guardian of the forensic patient;
(c) a parent of the forensic patient, if the forensic patient is under the age of 16 years;