MHA 1983 s116

Mental Health Act 1983
(as amended)

Law as at 19/11/11

Part VIII contents

114, 114ZA, 114A, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125

All Parts

I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules

Mental Health Act 2007

Related cases

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See also

[The chapter/paragraph numbers here refer to the 2008 versions of the Code of Practice and Reference Guide.]


Welfare of certain hospital patients

116.—(1) Where a patient to whom this section applies is admitted to a hospital[, independent hospital or care home][1] in England and Wales (whether for treatment for mental disorder or for any other reason) then, without prejudice to their duties in relation to the patient apart from the provisions of this section, the authority shall arrange for visits to be made to him on behalf of the authority, and shall take such other steps in relation to the patient while in the hospital[, independent hospital or care home][1] as would be expected to be taken by his parents.

(2) This section applies to—

[(a) a child or young person—
(i) who is in the care of a local authority by virtue of a care order within the meaning of the Children Act 1989, or
(ii) in respect of whom the rights and powers of a parent are vested in a local authority by virtue of section 16 of the Social Work (Scotland) Act 1968;][2]
(b) a person who is subject to the guardianship of a local social services authority under the provisions of this Act [...];[3] or
(c) a person the functions of whose nearest relative under this Act [...][3] are for the time being transferred to a local social services authority.


  1. 1.0 1.1 Care Standards Act 2000
  2. Courts and Legal Services Act 1990
  3. 3.0 3.1 Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005