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

MHA 1983

• Regulations• MHA 1983– 10 parts– 176 sections– 5 schedules

• Guidance– Code of practice 4th 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