The eleventh edition of this guidance focuses on how the Mental Health Act 1983 and the Mental Capacity Act 2005 have been modified by the Mental Health Act 2007. It provides information on new regulations and rules, their implementation and the context of mental health law in general. It includes sections on related and updated legislation and case law, new practices and procedures, the Code of Practice and government guidance. Among updates in this edition are the introduction of a simplified definition of mental disorder; supervised treatment in the community; and the requirement to observe the Code of Practice published under section 118 of the Act and its attendant statement of principles. This is an ideal resource for those seeking a comprehensive understanding of mental health legislation with some helpful explanation.
The eleventh edition of this guidance focuses on how the Mental Health Act 1983 and the Mental Capacity Act 2005 have been modified by the Mental Health Act 2007. It provides information on new regulations and rules, their implementation and the context of mental health law in general. It includes sections on related and updated legislation and case law, new practices and procedures, the Code of Practice and government guidance. Among updates in this edition are the introduction of a simplified definition of mental disorder; supervised treatment in the community; and the requirement to observe the Code of Practice published under section 118 of the Act and its attendant statement of principles. This is an ideal resource for those seeking a comprehensive understanding of mental health legislation with some helpful explanation.
Subject terms:
human rights, law, mental capacity, mental health law, mental health problems, physical restraint, safeguarding adults, compulsory detention, Mental Capacity Act 2005;
The Mental Capacity Act Deprivation of Liberty Safeguards came into force in April 2009, providing for the lawful deprivation of liberty of those people who lack capacity to consent to arrangements made for their care or treatment in hospitals or care homes, but who need to be deprived of liberty in their own best interests to protect them from harm. Primary Care Trusts (PCTs) and local authorities have statutory responsibility for operating and overseeing the safeguards, while hospitals and care homes have responsibility for applying to a PCT or local authority for a Deprivation of Liberty authorisation, and there is a statutory requirement for all hospitals, care homes, PCTs and local authorities to keep comprehensive records for every person deprived of their liberty. The Department of Health has developed a number of standard forms to ensure compliance with the safeguards and promote a consistent approach to record keeping, and the Care Quality Commission has responsibility for monitoring and reporting on the operation of the safeguards. This paper provides guidance on making returns for monitoring purposes, and the data will be used by the Care Quality Commission to inform the evidence base for monitoring the operation of the safeguards and to report on activity.
The Mental Capacity Act Deprivation of Liberty Safeguards came into force in April 2009, providing for the lawful deprivation of liberty of those people who lack capacity to consent to arrangements made for their care or treatment in hospitals or care homes, but who need to be deprived of liberty in their own best interests to protect them from harm. Primary Care Trusts (PCTs) and local authorities have statutory responsibility for operating and overseeing the safeguards, while hospitals and care homes have responsibility for applying to a PCT or local authority for a Deprivation of Liberty authorisation, and there is a statutory requirement for all hospitals, care homes, PCTs and local authorities to keep comprehensive records for every person deprived of their liberty. The Department of Health has developed a number of standard forms to ensure compliance with the safeguards and promote a consistent approach to record keeping, and the Care Quality Commission has responsibility for monitoring and reporting on the operation of the safeguards. This paper provides guidance on making returns for monitoring purposes, and the data will be used by the Care Quality Commission to inform the evidence base for monitoring the operation of the safeguards and to report on activity.
Subject terms:
hospitals, local authorities, mental capacity, mental health law, mental health problems, primary care trusts, record keeping, care homes, compulsory detention, data collection, Deprivation of Liberty Safeguards;