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No voice unheard, no right ignored: a consultation for people with learning disabilities, autism and mental health conditions
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 2015
- Pagination:
- 80
- Place of publication:
- London
This consultation seeks to explore views on a range of proposals, whose scope primarily covers: the assessment and treatment in mental health hospitals for people with learning disability or autism; adult care and support, primarily for those with learning disability but also for adults with autism (and the links to support for children and young people); and all those to whom the Mental Health Act currently applies (including children and young people). The proposals are intended to establish and strengthen key rights and choice options, including: the right for people with learning disabilities, autism and mental health conditions to be independent, to be part of a community and to live in a home of their choice; the right to be listened to, to have their wishes acted upon and the right to challenge decisions about them; their rights under the Mental Health Act; the right to control their support and services with a personal budget and the right to benefit from integrated health and social care; and access to better information about who is responsible for supporting their physical as well as their mental health. The consultation closes on 29 May 2015. (Edited publisher abstract)
Stronger code: better care. Government response to the Consultation on the Mental Health Act 1983: code of practice
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 2014
- Pagination:
- 90
- Place of publication:
- London
This document summarises responses and key theme identified from the consultation on revising the Mental Health Act 1983: Code of Practice. The consultation gave respondents an opportunity to evaluate how policies are being delivered and realised in practice, in areas including the use of restrictive interventions, seclusion, use of police powers to detain people in places of safety, and the use of community treatment orders. The consultation received almost 350 responses. Details are provide of the major changes made to the specific Code chapters and what respondents wanted to change, but have remained as they are. (Edited publisher abstract)
Mental Health Act 1983: code of practice
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 2015
- Pagination:
- 457
- Place of publication:
- Norwich
This code of practice provides guidance to mental health professionals and other practitioners on how they should carry out their duties under the Mental Health Act. As well as providing guidance for professionals, the revised code of practice also guides patients, their families and carers on their rights. Chapters are grouped into seven areas: Using the Act; Protecting patient's rights and autonomy; Assessment, transport and admission to hospital; Additional considerations for the needs of specific patients; Care, support and treatment in hospital; Leaving hospital; and additional information for professional with specific responsibilities under the Act. Subjects covered in individual chapters include: the nearest relative; independent mental health advocates; mental capacity and deprivation of liberty; detention in hospital; police community treatment orders; guardianship; after care; and care programme approach. The code of practice will come into force on 1 April 2015, depending on Parliamentary approval. (Edited publisher abstract)
Post-legislative assessment of the Mental Health Act 2007: memorandum to the Health Committee of the House of Commons: presented to Parliament ... July 2012
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 2012
- Pagination:
- 35p.
- Place of publication:
- London
The Mental Health Act 1983 governs the compulsory treatment of certain people who have a mental disorder. The purpose of the Mental Health Act 2007 was to amend the 1983 Act in a number of areas. The Mental Health Act 2007 also introduced ‘deprivation of liberty safeguards’ and extended the rights of victims. Between 3 and 5 years after an Act of Parliament has received Royal Assent, it is reviewed by the relevant Government Department and then by Parliament, to see how the law has worked in practice, a process known as ‘post-legislative scrutiny’. This memorandum provides a preliminary assessment of the Mental Health Act 2007. It reviews the changes that the 2007 Act made to the Mental Health Act 1983. Specifically, it provides assessment of the effects of the following elements of the Mental Health Act 2007: single definition of mental disorder; appropriate medical treatment; guiding principles; professional roles; nearest relatives’ rights; independent mental health advocacy; supervised community treatment; places of safety; age-appropriate accommodation; Deprivation of Liberty Safeguards; and victims’ rights.
The fourth year of the Independent Mental Capacity Advocacy (IMCA) service: 2010/2011
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 2011
- Pagination:
- 45p.
- Place of publication:
- London
The Mental Capacity Act 2005 created the Independent Mental Capacity Advocate (IMCA) service to safeguard people without the capacity to make certain important decisions. The role of the IMCA is to represent and support people at times when critical decisions are being made about their health or social care. The Deprivation of Liberty Safeguards (DOLS), implemented in April 2009, extended the role of the IMCA to support people subject to these safeguards. The purpose of this document is to report on the work of the IMCA service in England during its 4th year, from April 2010 to March 2011. During this year there were 10,680 eligible instructions for the IMCA service. This is a 15.4% increase in the support and representation provided by IMCAs compared to the previous year. The breakdown of instructions by decision type and the change from the previous year is: accommodation 4,530 (increase of 8%); serious medical treatment 1630 (increase of 22%); adult protection 1,548 (increase of 13%); care reviews 751 (increase of 20%); and DOL Safeguards 1,669 (increase of 33%). The report draws particular attention to: the low number of instructions for care reviews; the level of DOL instructions; and a number of quality and guidance initiatives to promote the quality of IMCA services.
Procedure for the transfer from custody of children and young people to and from hospital under the Mental Health Act 1983 in England
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 2011
- Pagination:
- 35p.
- Place of publication:
- London
This guidance document outlines the procedure for transferring to and from hospital under the Mental Health Act 1983 any children or young people detained in custody or remanded in custody. It contains a flow chart, which maps the procedures and processes. Sections are provided on transferring sentenced children and young people (section 47 transfer) and transferring unsentenced children and young people (section 48 transfer). Other areas covered are: an overview of the transfer procedure, the role of primary care trusts; returning a child or young person to custody from hospital; and actions/responsibilities for staff involved in a section 47 or 48 transfer. The guidance differs from the procedure for adults in that, i) parents should be involved as much as possible in decisions about the hospitalisation of their children; and ii) that transfers should be completed within seven days.
The Ordinary Residence Disputes (Mental Capacity Act 2005) Directions 2010
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 2010
- Pagination:
- 3p.
- Place of publication:
- London
Directions for local authorities in England in exercising powers in relation to ordinary residence disputes under the Mental Capacity Act 2005.
Good practice procedure guide: the transfer and remission of adult prisoners under s47 and s48 of the Mental Health Act
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 2011
- Pagination:
- 37p.
- Place of publication:
- London
The aim of this procedure guide is to facilitate timely access to appropriate treatment for prisoners under the Mental Health Act. It covers the process for transferring and remitting remand, unsentenced and sentenced adult prisoners and Immigration Act detainees to and from inpatient treatment under the Mental Health Act. Developed in collaboration with partners from the NHS, Care Quality Commission, Prisons Inspectorate, Royal College of Psychiatrists, Royal College of Nurses, National Offender Management Service, Prison Service and Ministry of Justice, it is intended to promote good practice and support effective joint working between the agencies involved in transfer and remission processes. It includes guidance on determining commissioning responsibility, defining the transfer clock start and stop times, the transfer process, late in sentence transfers, access to the prison estate for visiting health professionals, the legal framework governing prison transfers, and remission to prison. It also provides flowcharts showing the steps required to achieve a good practice time frame for the completion of transfer and remission processes.
Development of services for people with learning disabilities or mental illness in England
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 2010
- Pagination:
- 13p.
- Place of publication:
- London
This is the 14th report on the development of services for people with learning disabilities or mental illness in England, and highlights developments since 2003. It covers legislation, including the Mental Health Act 2007, secure services, access to psychological therapies, personality disorder, stigma and discrimination, inequalities, services for asylum seekers and refugees, the Care Programme Approach, suicide prevention, the workforce, funding, learning disabilities, and the Valuing Employment Now strategy.
Section 67 of the Mental Health Act 1983: references by the Secretary of State for Health to the First-Tier Tribunal
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 2010
- Pagination:
- 5p.
- Place of publication:
- London
Section 67 of the Mental Health Act 1983 gives the Secretary of State for Health a discretionary power to refer cases involving certain patients subject to the provisions of the Act to the First-tier Tribunal. Details of those eligible to make requests for references under Section 67 of the Act; the information required to support the request; and issues that will be taken into account are detailed in this document.