Department of Health, October 2015
These resources provide guidance for adult social care workers on the Mental Capacity Act and how it relates to their continuing professional development.
Click here for further information and to download the resources.
Mental Health Foundation, September 2015
This paper describes the social model of disability in relation to dementia, as well as national and international law that is informed by it or that it connects with. It goes on to describe tools that can be used to apply the model through policy, practice, service and community development.
Using the social model of disability has implications for the rights of people with dementia under the law, for disability discourse and public policy, and for how dementia is experienced and perceived by people with dementia and their carers, as well as how it is viewed and discussed in public.
Click here to download the paper.
NHS Confederation, 15 September 2015
The Mental Health Network (MHN) have produced a briefing Horizon scanning: The legislative landscape in mental health aimed at bringing members up to speed on some of the legal developments relevant to mental health which have taken place in the last twelve months as well as some of the legislative proposals currently under consideration.
Click here for further information and to access the briefing.
Department of Health, March 2015
From 1 April 2015 the local authority responsible for mental health aftercare services, under section 117 of the Mental Health Act 1983 (the Act), will normally be the one where the person was ordinarily resident immediately before they were detained under the Act.
This document has details about arrangements for referring disputes over ordinary residence in cases where one or more authority in dispute is in England and one or more is in Wales.
These arrangements only apply where services are provided under section 117 of the Act.
Click here for further information.
NHS Confederation, 1 April 2015
The revised Mental health Act Code of Practice is now in effect, replacing the 2008 Code.
The revised Code seeks to provide stronger protection for patients and clarify roles, rights and responsibilities. This includes involving the patient and as appropriate, their families and carers in discussions about the patient’s care at every stage; providing personalised care; minimising the use of inappropriate blanket restrictions, restrictive interventions and the use of police cells as places of safety.
Click here for further information from the NHS Confederation website.
Click here to download the new code of practice.
Mind, January 2015
Mind have launched a range of new online legal publications aiming to explain in a simple and practical way what a person’s legal rights are, and what they can do to assert them. The publications should enable everyone to better understand complex subjects such as the Mental Capacity Act and employment discrimination.
Click here for more information and to download the publications.
Department of Health, January 2015
As well as providing guidance for professionals, the revised code of practice also guides patients, their families and carers on their rights.
The code was revised to take account of stakeholders’ views during our consultation, and reflects changes in legislation, case law, policy and professional practice since its last revision in 2008. The response to the consultation will be published later this week.
The code of practice will come into force on 1 April 2015, depending on Parliamentary approval. It has been prepared in accordance with section 118 of the Mental Health Act 1983.
Click here to download the code of practice.