Section 42 of the Act amends section 132 of the 1983 Act to place a statutory duty on hospital managers in respect of detained patients to supply complaints information to both the patient and the nominated person. This was previously in the code of practice but will now be a duty under the 1983 Act in order to strengthen this safeguard.
	Hospital managers must provide information both orally and in writing, in line with existing duties to provide information in sections 132 and 132A. Hospital managers must take such steps as are practicable to ensure that patients have understood complaints procedures.
	New subsection (2A), inserted by section 41 covers the types of complaints this duty covers. This includes complaints about the carrying out of functions under the 1983 Act, and complaints about medical treatment as defined in section 145(1) of the 1983 Act. New subsection (2A)(c) ensures the duty covers information about the patient’s right to complain to the Parliamentary and Health Services Ombudsman about the maladministration of complaints about medical treatment.
	New subsection (2B) sets out that the duty is triggered as soon as practicable after the patient’s detention under a provision of the 1983 Act, so will be triggered each time the section under which the patient is detained changes and when the authority to detain under that section is renewed. In respect of Part 3 restricted patients, to whom automatic renewals do not apply, the duty will be triggered every 12 months from the start date of detention.
	This duty will not be triggered when a patient is granted leave of absence under section 17.
Help and information for patients Section 41: Information about complaints for detained patients