A Mental Health Act fit for tomorrow: an agenda for reform

Mental Health Alliance, June 2017

This report summarises the findings of a survey of over 8000 people who use mental health services, carers, and professionals working in the field. The report highlights concerns that the Mental Health Act overlooks the dignity and human rights of people with mental illness.  The Mental Health Alliance, made up of over 75 organisations working in the mental health sector, commissioned the research and is calling on the Government to urgently act on its promise made in the run up to the General Election to review the Act, and ensure any reform takes into account the views expressed by those people it’s there to protect.

Click here to read the full report.

Monitoring the Mental Health Act in 2015/16

NHS Confederation, November 2016

In its annual review of the Mental Health Act, published on Friday 18 November, the Care Quality Commission (CQC) outlined how several healthcare services in England are using the Act to maximise people’s recovery, wellbeing and support when they have been detained; however, it raises concerns that progress needs to happen at a faster pace for key issues, such as patient involvement and protection of rights.

Click here to view related materials.

Mental Health Act: exercise of approval instructions 2015

Department of Health, January 2016

These instructions lay out the function of approving registered medical practitioners and of approving individuals to act as approved clinicians under the 1983 Mental Health Act.

These instructions lay out how to approve registered medical practitioners and of approving people to act as approved clinicians under the 1983 Mental Health Act.

Click here for further information and to download the guidance.

Mental health aftercare in England and Wales

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.

 

New Mental Health Act Code of Practice published

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.

Revised code of practice: Mental Health Act 1983

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.