RC Responsibilities Restricted Patients — MRCPsych Paper B MCQ

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ModerateForensic PsychiatryRC Responsibilities Restricted PatientsMRCPsych Paper B

A 35-year-old man detained in a medium-secure forensic unit under sections 37 and 41 of the Mental Health Act 1983 is being considered for conditional discharge. While he remains detained, who has the statutory duty under section 41(6) to examine him and submit periodic reports about him to the Secretary of State for Justice?

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Correct answer: B — The responsible clinician

The correct answer is **B, the responsible clinician**. Under section 41(6) of the Mental Health Act 1983, the responsible clinician must examine a restricted patient and report to the Secretary of State for Justice at intervals directed by the Secretary of State, which cannot exceed one year. This applies while the patient remains detained and informs continuing case management, including consideration of discharge. Clinical and social supervisors submit regular reports after a patient has been conditionally discharged, so A and C do not describe this detained-patient duty. The Mental Health Act administrator may coordinate documentation, and hospital managers have other statutory and administrative functions, but neither holds the section 41(6) reporting duty.

Reference: Department of Health, Mental Health Act 1983: Reference Guide, sections 21.5 and 25.59, 2015. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/417412/Reference_Guide.pdf