I know that detained patients have the right to a named rc at all times. But I can’t find where it says this anywhere.
Could someone link it please?
The definition of a named RC as an approved clinician is in S34(1) as the clinician with the overall responsibility for the patient’s case and then explained further in the CoP and usually Trust policies (not sure which responsible authority is relevant to your client but they are usually in the public domain).
Hope this helps, but there does not seem to be implicit rights for a patient to have a named RC stated in the MHA or CoP.
Interested to hear others thoughts on this too.
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It’s implicit in the Act because someone who is liable to be detained, must have the need for their detention to be continually monitored and in that respect, only the RC can exercise the power of discharge (notwithstanding the Tribunal, Managers and NR).
Of course, there are other powers that only the RC can exercise and if the person is being given medication for mental disorder, there must be an approved clinician in charge of that treatment, who in most cases will also be the RC.
Chapter 36 of the Code of Practice sets out how and when the RC is allocated and we can see at 36.7, it states “Even if the patient’s main treatment needs are not immediately clear, it will be necessary to allocate a responsible clinician promptly upon the patient’s detention in hospital.”
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