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Jan 13, 2021 · Welcoming the White Paper, Kathy Roberts commented: “The Reforming the Mental Health Act White Paper and consultation present an important opportunity to modernise an outdated law, which we know is confusing, coercive, traumatic, and disproportionately impacts Black, Asian, and Minority Ethnic communities. The proposals outlined are welcomed ...
- Chapter 1: New Guiding Principles
- Chapter 2: Clearer, Stronger Detention Criteria
- Chapter 3: Giving Patients More Rights to Challenge Detention
- Chapter 4: Strengthening The Patient's Right to Choose and Refuse Treatment
- Chapter 5: Improving Support For People Who Are Detained
- Chapter 6: Community Treatment Orders
- Chapter 8: Caring For Patients in The Criminal Justice System
- Conditionally Discharged Patients
- Chapter 9: People with A Learning Disability and Autistic People
- Chapter 10: Children and Young People
There are 4 new guiding principles that people working to provide care will need to consider while carrying out their duties. These principles are central to our plans to modernise and improve the Mental Health Act. They are: 1. choice and autonomy – making sure people's views and choices are respected 2. least restriction – making sure the act's p...
The detention criteria are the conditions in law that decision makers must demonstrate that a person is meeting before they are detained under the Mental Health Act. There are 2 main criteria. The first is that the person is suffering from a mental illness severe enough to justify detention. The second is that the person needs to be detained for th...
We want to ensure that a patient's case for discharge from hospital is reviewed more regularly and that patients have more opportunities to appeal for discharge so they are not detained for longer than is necessary. We will do this by making the changes set out below.
We plan to update the Mental Health Act so that patients: 1. have greater influence over decisions about their care and treatment 2. can expect their wishes and preferences to be respected and followed 3. have the opportunity to challenge their care and treatment if their wishes are not followed We will do this by making the changes set out below.
Nominated person
One of the overarching aims of our planned reforms is to give people more choice and autonomy when subject to the act. This section discusses our plans to replace the current nearest relative role, which we think is out of date and does not give the patient enough say in who is involved in their care, with a new statutory role, known as the 'nominated person'. Individuals will be able to choose their nominated person, if they want one, at the point of detention under the act or in their advan...
Advocacy
Independent mental health advocates (IMHAs) provide important safeguards to people detained under the MHA. We want to expand the role of IMHAsso that they can also: 1. support patients to take part in care planning 2. support individuals to prepare advance choice documents 3. challenge treatment decisions where they have reason to believe they are not in the patient's best interests 4. appeal to the tribunal when patients are too unwell to do so themselves High quality advocacy is critical to...
The purpose of CTOsis to enable some inpatients, who might otherwise remain detained under the act, to be discharged into the community with conditions intended to maintain ongoing contact with services, in order to provide support and prevent relapse. We will reform CTOs so that they are only used where there is strong justification for doing so a...
Some people in contact with the criminal justice system may have a mental illness severe enough to require treatment in hospital. This could be identified after arrest by the police, recognised by a court, or a person may later become unwell in custody. We want to ensure that people in these circumstances have access to the right care, at the right...
Some restricted patients who no longer meet the statutory test for detention in hospital must be discharged. This can be an absolute discharge, with no conditions. Or, if deemed appropriate by the tribunal or the Justice Secretary, a conditional discharge. A conditional discharge allows patients to move into the community. But they must follow cert...
We are committed to reducing the reliance on specialist inpatient services for people with a learning disability and autistic people and to developing community alternatives. As part of this, we want to limit the ability to detain people with a learning disability or autistic people under the act. Both a learning disability and autism are lifelong ...
We want to strengthen the rights and support children and young people receive when subject to the act. In addition to legislative changes, all of which will be available to children and young people, we will ensure that care and treatment plans are provided to all children and young people receiving inpatient mental health care, irrespective of wh...
Jan 13, 2021 · The government hosted a public consultation from 13 January 2021 to 21 April 2021 on a set of proposals to reform the Mental Health Act. We received over 1,700 responses. This report is the ...
- Department of Health And Social Care
Apr 21, 2021 · 21 April 2021. In January 2021 the government published Reforming the Mental Health Act, a white paper issued in response to the Independent Review of the Mental Health Act’s final report, published in 2018. The white paper sets out the government’s proposals to update the Mental Health Act and wider reforms of policy and practice around it.
Jan 13, 2021 · There are suggestions about extending the role of the AMHP, strengthening social supervision and supporting local authority roles in commissioning advocacy and supporting people in the community. One of the main changes is the development of new principles to underpin the way that the Act is used.
It is important that the new Act identifies clearly the roles and responsibilities of local government in respect of both statutory and non-statutory mental health duties. 10. The Act needs to reflect the operational needs and pressures on local government. Including Approved Mental Health Professional (AMHP) workforce training and
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Dec 1, 2022 · Go to the latest Monitoring the Mental Health Act. This report sets out CQC’s activity and findings from our engagement with people subject to the MHA and review of services registered to assess, treat and care for people detained using the MHA during 2021/22. The Mental Health Act 1983 (MHA) is the legal framework that provides authority for ...
