Amending the Mental Health Act

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Amending the Mental Health Act

• Website www.dh.gov.uk
• Mailbox MentalHealthBill_at_dh.gsi.gov.uk
• Telephone [phone]

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Definition of mental disorder

• Simplifying (not widening) the definition
• Abolishing separate categories
• No change for people with learning disabilities
• Removing exclusions for
• promiscuity other immoral conduct
• sexual deviancy
• Retaining exclusion for alcohol drug dependence

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Criteria for detention

• New appropriate treatment test and abolishing the
  so-called treatability test
• New test requires holistic assessment of whether
  treatment is appropriate
• Applies to all patients being detained for
  treatment regardless of diagnosis

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Supervised Community Treatment (1)

• Will be applied to suitable patients following an
  initial period of detention and treatment in
  hospital.
• Patients on SCT remain under the compulsory
  powers of the Act, they will be subject to
  conditions in the community and where
  appropriate, can be recalled to hospital for
  treatment if criteria are satisfied.
• Medication and ECT will be authorised by a second
  opinion doctor a SOAD in much the same way as
  for patients detained in hospital.

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Supervised Community Treatment (2)

• RC AMHP agreement for SCT revocation
• The aim is to help ensure that patients comply
  with treatment and enable action to be taken to
  prevent relapse.
• Similar safeguards to detained patients such as
  access to Tribunals, and nearest relative power
  to dishcarge.

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Bournewood (1)

• Protects patients without capacity from arbitrary
  deprivation of liberty
• Detention must be necessary in patients best
  interests
• Assessors determine if criteria met, set period,
  can place conditions nominate patient
  representative

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Bournewood (2)

• Authorisation valid for 12 months maximum
• Patient or representative can apply for review at
  any time
• Patient or representative can appeal to Court of
  Protection at any time

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Tribunals

• Power to reduce time to automatic referral
• Referral at 6 months from initial detention 3
  years from last hearing
• SCT automatic referral if recalled for more
  than 72hrs
• Hospital manager hearings continue

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Nearest relative

• New ground for displacement of NR unsuitable to
  act as such
• Patient can make application
• Displacement can be indefinite
• Patient can apply for displacement order to end
• Civil partner has same status as spouse

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Professional roles

• Opening up RMO (RC) ASW (AMHP) roles to more
  professions
• Responsible Clinician
• Must be an approved clinician
• Overall responsibility for patients case
• Approved Mental Health Professional
• role very similar to ASW
• approved by LSSA
• duty for LSSA to arrange for AMHP
• - GSCC approved training course

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Other changes

• SOADs to decide if treatment is appropriate (not
  whether it should be given)
• Remove the possibility of restrictions being made
  for a limited period, so that they may remain in
  force for as long as the offender's mental
  disorder poses a risk of harm to others
• To make it clear who the managers are in respect
  of Local Health Boards (LHBs) in Wales
• To bring the powers of NHS foundation trusts in
  relation to the delegation of their discharge
  powers under the Mental Health Act into line with
  those for NHS trusts.

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Website www.dh.gov.uk Mailbox
MentalHealthBill_at_dh.gsi.gov.uk