NATIONAL MENTAL HEALTH ACT, 2021
Section 11: Functions of the Committee.
(1) The Committee shall-
(a) hear and determine appeals against decisions made by mental health care facilities in respect of the treatment of persons with mental health conditions under this Act;
(b) receive and investigate complaints of persons admitted under the provision of this Act;
(c) review periodically or when necessary cases of individuals who are admitted in a psychiatric hospital or similar institution or subjected to involuntary or long term treatment; and
(d) hear and dispose of applications to extend the period of physical restraint or seclusion of a person with mental health conditions subject to the provisions of this Act.
(2) The Committee shall in the performance of its function have the power to direct the discharge of persons where it ascertains that-
(a) the person no longer meets the conditions for involuntary admission under this Act;
(b) in the case of long-term stay voluntary admissions, where it is of the opinion that the admission of the person is no longer necessary; or
(c) the person can receive adequate follow-up care or treatment as an outpatient.
(3) Matters before the Committee shall be decided by a majority of votes of the members of the Committee.
(4) Subject to the provision of this section, the Committee shall in the performance of its functions determine its own procedures in line with fundamental rights provisions in relevant laws, including the Constitution of the Federal Republic of Nigeria 1999. [Cap. C23, LFN, 2004]
(5) The Committee shall ensure that all its proceedings are properly recorded and documented.
(6) Where a person is not satisfied with the decision of the Committee, that person may seek redress in the High Court.
Cite this section
Section 11, NATIONAL MENTAL HEALTH ACT, 2021 (2021).
https://repo.podus.ai/laws/national-mental-health-act-2021/section/11/