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?
1 Like
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.
1 Like
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.”
3 Likes
Very interesting question. The title is “Ward with intermittent RC cover”. S34 has already been referenced.
I wondered more about the word ‘intermittent’. For some it could mean:
- There are time when no RC legally (which would be strange), or
- Perhaps there was a perception that no RC existed at certain times.
In one Trust, I’ve seen a record from the MHA office which evidenced three changes of RC in a week. I’ve seen that happen in other Trusts. Poor patients may have a hard time keep up, with such chopping and changing.
As far as I am aware the other situation, is that no appointed RC can be ‘there’ 24/7 and 365. What in *law provides for ‘covering RCs’:
a) Overnight
b) When the RC is on annual or day leave
c) On short or long term sickness of the RC?
*Caution: I said ‘law’ - not interested in the MHACOP which actually isn’t law.
Hi Russell
For example, if an RC was to go home sick, and there was no one available to cover. How long a period would be permitted/legal without a named covering RC?
It depends on whether you want the official version or the unofficial version. Some don’t like unofficial versions because it may be the truth.
The official version is ‘it’ll never happen’ that there is no RC to cover. Nobody so far has explained where the *law allows for any sort of ‘RC cover’. [*law means law, not authoritative opinion, not cultures, not what ‘everybody believes’.]
The unofficial version is that ‘it happens all the time’ but nobody cares and nobody will find out.
1 Like
There is no explicit statute or case law that directly outlines how RC cover must be arranged during sickness, A/L etc. (to my knowledge). The MHA does not explicitly state what happens in this scenario.
There does seem to be a legal expectation of an RC in case law. In Devon Partnership NHS Trust v Secretary of State for Health and Social Care [2021] EWHC 101 (Admin) it was highlighted that RC’s must ‘personally examine’ patients before renewing detention and implied RC duties cannot be left, even temporarily.
1 Like