The Short-term Holding Facility Rules 2018

General medical care

This section has no associated Explanatory Memorandum

31.—(1) The manager must ensure that a detained person has access to a health care professional.

(2) A request by a detained person to see a health care professional must—

(a)be recorded by the officer to whom it is made; and

(b)be promptly passed to the manager.

(3) The manager must ensure that a health care professional is promptly notified of any request made by a detained person to see a health care professional.

(4) The health care professional notified under paragraph (3) must see the detained person as soon as practicable.

(5) Subject to paragraph (6), a detained person is entitled, if they so request, to be seen only by a health care professional of the same sex.

(6) In the event that a health care professional of the same sex is not immediately available upon request, the manager must ensure that one is available as soon as practicable.

(7) Subject to the conditions in paragraph (8), a detained person is entitled to have access to a health care professional other than the health care professional notified under paragraph (3) or those consulted by that health care professional under paragraph (11).

(8) The conditions are—

(a)the detained person pays any expenses incurred;

(b)the manager and the Secretary of State are satisfied that there are reasonable grounds for the request, and

(c)the attendance is in consultation with the health care professional notified under paragraph (3).

(9) Subject to any directions given in a particular case by the Secretary of State, a health care professional selected by or on behalf of a detained person who is party to legal proceedings must be afforded reasonable facilities and opportunity for examining that detained person in connection with those proceedings.

(10) A health care professional at a short-term holding facility must observe all applicable professional guidelines relating to medical confidentiality.

(11) A health care professional at a short-term holding facility may consult with other health care professionals.

(12) A health care professional at a short-term holding facility must obtain, so far as reasonably practicable, medical information relating to each detained person in the short-term holding facility.

(13) A health care professional at a short-term holding facility must ensure that—

(a)a summary of any medical condition affecting a detained person and any treatment which a detained person has received since being detained, or continues to receive, is forwarded as appropriate following the transfer of the detained person or on discharge from the short-term holding facility, and

(b)a copy of all medical records relating to a detained person is also kept in the discharging short-term holding facility to enable effective audit.

(14) Where a member of staff has any concern about the physical or mental health of a detained person they must notify a health care professional at the short-term hold facility of that concern.