Where a Section 37.41 is imposed and the care and treatment required is not available within that secure settings does the Responsible Clinician have a duty to inform the moj
The RC has a duty to let MoJ know if conditions aren’t right (due to rosk and safety) but, from what I understand about the role of the case manager, the case manager works with the MoJ on decisions about it
So yes there is a duty to inform the moj? Would you know where the patient has no mental health issues but substance misuse only and the care and treatment is documented as not being available what should happen and if that care and treatment is not available is section 41 legal. As the mha states substance misuse can not be a legal framework to detained
I’m sorry that’s beyond me but maybe approach the RC and.case manager for a response (assuming you have the patient’s permission)?
I’m not sure if there is a difference in the framework of legislation between addiction and MH (but the treatment pathways will be different). The CQC might also be worth contacting if your starting point is that the hospital is unable to deliver the contract..