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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Status and rights of care recipients - General status and specific rights - Specific rights of care recipients

59: Procedure where written communications or other items intercepted

You could also call this:

"What happens when someone stops you getting a letter or package while in care"

Illustration for Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

If a care manager stops you from getting a letter or something else, they have to do certain things. They must return it to the person who sent it if they know who that is. If they do not know who sent it, they must either send it to the district inspector or show it to them when they next visit. The care manager might also decide not to send a letter or something else. In that case, they must either send it to the district inspector or show it to them when they next visit. When something like this happens, you have to be told about it, unless the care manager thinks it would be bad for you to know, as stated in section 57.

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58: Written communications or other items not to be intercepted if sent by or to certain office holders, or

"Some mail and messages are private and must not be stopped or read by others, even if you're getting care."

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60: Seclusion, or

"Being alone in a safe room to keep you or others safe, with a grown-up's help to leave."

Part 5Status and rights of care recipients
General status and specific rights: Specific rights of care recipients

59Procedure where written communications or other items intercepted

  1. If the care manager withholds a written communication or other item under section 57, the communication or item must be dealt with as follows:

  2. if the address of the sender is known to the care manager, it must be returned to the sender:
    1. if the address of the sender is not known to the care manager, it must either be—
      1. sent to the responsible district inspector; or
        1. produced to the responsible district inspector when he or she next visits the facility after the receipt of the communication or thing.

        2. If the care manager directs, under section 57, that a written communication or other item not be sent, the communication or item must either be—

        3. sent to the responsible district inspector; or
          1. produced to the responsible district inspector when he or she next visits the facility following the care recipient's request for the communication or thing to be sent.

            1. If a written communication or other item is withheld or not sent under section 57, the care recipient must be informed of the fact, unless the care manager is satisfied that to do so would be detrimental to the interests and care of the care recipient.