There is a range of complex legislation covering the care, treatment and if necessary detention of patients.
This area of law has undergone significant change in the last 3 years including the introduction of the Mental Capacity Act 2005, the amendment to the Mental Health Act 1983 by the Mental Health Act 2007 and the introduction of Deprivation of Liberty Safeguards in April 2009.
The Mental Capacity Act 2005 covers decisions made on behalf of patients who lack the capacity to make the specified decision. It imposes a duty on decision makers to assess capacity in accordance with the Act and should the individual lack capacity, to act in that individual’s best interests. Amongst other things, it clarifies rules relating to the creation of Advance Decisions to Refuse Treatment, creates Independent Mental Capacity Advocates and introduces the Personal Welfare Lasting Power of Attorney.
The Mental Health Act 1983 covers areas of decision making regarding the care and compulsory treatment of patients with a mental disorder. The Act has been amended by the 2007 Act to incorporate (amongst other things) a revised definition of mental disorder, include provisions for Community Treatment Orders, changes relating to ECT, and introduces the Independent Mental Health Advocacy provisions.
The Deprivation of Liberty Safeguards procedures were introduced in April 2009 by an amendment to the Mental Capacity Act 2005, in order to provide protection for those who lack capacity and who are cared for in circumstances that amount to deprivation of liberty, as understood by the European Convention on Human Rights.
8.01 - MHA 1983 Section 136 - Mentally Disordered Persons Found in Public Places - Policy
8.02 - Policy deleted
8.03 - Section 17 Leave of Absence for Patients Detained Under the Mental Health Act 1983
8.04 - Section 18 of the MHA 1983 - Absence Without Leave
8.05 - Informing Detained Patients of Their Rights Under Section 132 of MHA 1983
8.06 - Mental Health Act 1983 - Section 5 Holding Power
8.07 - Receipt & Scrutiny of MHA Section Papers
8.08 - Reviewing Detention & Supervised Community Treatment - MHA 1983 - Procedure
8.09 - Sexual Offences Act (2003) - Procedure
8.10 - Arranging a Second Opinion Approved (SOAD) Visit
8.11 - Advanced Care Planning to Include Advance Decisions to Refuse Treatment, Statements of Wishes & Feelings & Lasting Powers of Attorney Policy
8.11a - Advance Statements (Statement of Wishes and Feelings)
8.12 - Deprivation of Liberty Safeguards (Mental Capacity Act 2005) Procedure
