Mental Health An outline
Objectives of session Identify framework of mental health legislation Understand mental health act and code of practice Aware of key concepts
Legislation Mental Health Act 1983 Mental Health Patients in the Community Act 1995 Mental Health Act 2007 Remember other legislation is applicable – Community care legislation – Homeless law – Welfare benefits law
MHA 1983 MHA 1959 – Reforms – Reduce compulsory treatment – Community treatment not institutional MHA 1983
Regulations MHA 1983 – 10 parts – 176 sections – 5 schedules Guidance – Code of practice 4 th edition 2008 Code of Practice
Principles Purpose Least restriction Respect Participation Effectiveness, efficiency and equity
Using the principles
Key definitions Mental Disorder Patient Nearest relative Approved Mental Health Professional Responsible clinician Hospital
Informal patients Informal patient requests treatment There is no order, application or direction from the courts or anyone else.
Compulsory admission
Admission for assessment – s.2
Admission for assessment – s.4
Admission for treatment – section 3
Practice issues
Reception into guardianship
Compulsory detention of informal patients
Mentally disordered persons found in public places
Warrant to search for and remove patients
Discharge from hospital Informal patients Detained patients – Discharge by responsible clinician or hospital managers – Discharge by nearest relative – Discharge by Mental Health Review Tribunal
After-care
Criminal proceedings
s.17 leave
Community Treatment Orders (CTO) s.17A