Legislation – Mental Health Act 2025
Changes to legislation:
There are currently no known outstanding effects for the Mental Health Act 2025, Section 41.![]()
Changes to Legislation
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Help and information for patients
41Information about complaints for detained patients
In section 132 of the Mental Health Act 1983 (duty of managers of hospitals to give information to detained patients)—
(a)
in subsection (2) omit the words from “and those steps” to the end;
(b)
“(2A)
The managers of a hospital or registered establishment in which a patient is detained under this Act must also take such steps as are practicable to ensure that the patient understands how to exercise any right the patient has to make complaints about—
(a)
the carrying out of functions under this Act;
(b)
any medical treatment for mental disorder received during the patient’s detention;
(c)
the outcome of any complaint referred to in paragraph (b).
(2B)
Where a patient is detained under any provision of this Act, the steps under subsections (2) and (2A) must be taken —
(a)
as soon as practicable after the commencement of the patient’s detention under the provision in question, and
(b)
again—
(i)
if the patient is a restricted patient within the meaning given by subsection (1) of section 79, or is treated as mentioned in paragraph (a) or (c) of that subsection, as soon as practicable after the end of each successive period of twelve months beginning with the day on which the patient became a restricted patient or was first so treated (as the case may be);
(ii)
otherwise, as soon as practicable after any report is furnished under section 20 in respect of the patient.”;
(c)
in subsection (3), for “and (2)” substitute “, (2) and (2A)”
;
(d)
in subsection (4), for “and (2)” substitute “, (2) and (2A)”
.