what is the mental health act 2007 summary
It replaced the Mental Health Act 1986 (Vic), and was the culmination of many years of development and consultation by the Victorian government. Is it appropriate that psychiatrists use a power that cannot be used against capacitous patients subject to the same hazard with no mental disorder? The main purpose of the legislation is to ensure that people with serious mental disorders which threaten their health or safety or the safety of the public can be treated irrespective of their consent where it is necessary to prevent them from harming themselves or others. The view of the Parliamentary Human Rights Committee. 8. When considering harm to others, practitioners should consider the nature of the risk together with the likelihood and severity of the threat. Purpose is not the same as likelihood. Independent mental health advocate (IMHA) A person who is detained in hospital under the Mental Health Act or is subject to a guardianship order (see section 'Guardianship') has the right to access an independent mental health advocate (IMHA). Section 18 - Right to access mental healthcare. Such an appeal could not be successful now because the treatment would simply have to be available. Download: People making decisions for you (PDF, 2.65Mb). If you have to stay in hospital for treatment, you'll get what is called a care plan (sometimes called a treatment plan). These alternatives are not only desirable but if available render Mental Health Act detention unlawful. New legislation that has since been enacted in Scotland is discussed in Lyons D (2008) New mental health legislation in Scotland. Since the introduction of the Mental Capacity Act 2005 the phrase management of their property and other related matters is somewhat redundant as the relevant provisions have been removed. The 1983 Act is largely concerned with the circumstances in which a person with a mental disorder can be detained for treatment for that disorder without his or her consent. Bowen P (2007) Blackstone's Guide to the Mental Health Act 2007. Download: Questions for your family to ask when you are detained (PDF, 2.43Mb). It governs the admission process, the different categories of patient admission, as well as directives around assessment, care and treatment. For seriously irresponsible behaviour, relevant factors may include: whether behaviour has occurred that suggests a disregard or an inadequate regard for its serious or dangerous consequences, how recently has such behaviour occurred and how persistent it has been, how seriously detrimental to the patient or to others the consequences were or might have been, whether, and to what degree, it has resulted in harm to the patient or their interests, or in harm to other people or to damage to property. Birmingham, Luke Further, the mental disorder must be of a kind or degree warranting compulsory confinement. The Ontario Mental Health Act The Mental Health Act sets out the powers and obligations of psychiatric facilities in Ontario. The term is used to refer to someone who looks out for you and makes sure your wishes and choices are heard and understood. The new strategy promises many improvements such as heightened awareness of mental health needs, Liaison Psychiatric Services in all general hospitals and improved quality of standards in mental health wards. The European Convention on Human Rights: a allows for the lawful detention of those of unsound mind, c exempts treatment in a psychiatric hospital from challenge under Article 3. e can be varied by the application of the Human Rights Act 1998. The main purpose of the 2007 Act is to amend the 1983 Act. Learn more on the Mental Health Review Board's website. 2. The purpose of the Mental Health Act 1983 is set out at Section 1(1) and is unamended: The provisions of this Act shall have effect with respect to the reception, care and treatment of mentally disordered patients, the management of their property and other related matters. and For more information see the EUR-Lex public statement on re-use. The act is designed to protect the rights of people with mental health problems, and to ensure that they are only admitted to hospital against their will when it is absolutely essential to ensure their well-being or safety, or for the protection of other people. if it has not occurred recently, how likely it is to recur. Section 21 - Right to equality and non-discrimination. 11) Order 2010, Category:Mental Health Act 2007 secondary legislation - England and Wales, Category:Mental Health Act 2007 secondary legislation - England, Category:Mental Health Act 2007 secondary legislation - Wales, Category:Mental Health Act 2007 secondary legislation - Scotland, Statute Law Database: search results for "Mental Health Act", Department of Health: "Mental Health Act 2007 - commencement orders, regulations, and other secondary legislation" page, Care Services Improvement Partnership News/Update Bulletins, Mental Health Act 2007 - frequently asked questions, from DH website, CSIP Implementation Programme for the MHA 2007, Mental Health Act Commission Policy briefing issue 17, Royal College of Psychiatrists MH Bill newsletter 14, King's Fund Mental Health Act 2007 briefing, Department of Health, 'Post-legislative assessment of the Mental Health Act 2007: Memorandum to the Health Committee of the House of Commons' (Cm 8408, 28/8/12), Section 4: emergency admission for assessment, Section 37/41: hospital order with restrictions, Sections 47, 48 and 49: transferred prisoners, Section 135: Warrant to search for and remove patients, Section 136: Mentally disordered persons found in public places, Section 35: Remand to hospital for report on accuseds mental condition, Section 36: Remand of accused person to hospital for treatment, Section 43: committal by magistrates for restriction order, Section 44: committal to hospital under s43, Section 51(5): hospital order without conviction, Change in status during tribunal proceedings, Nuisance or disturbance on hospital premises, Victims' rights to make representations and receive information, Independent Mental Capacity Advocate service, Independent Mental Health Advocate service, Deferred discharge of unrestricted patient, Disbursements, including independent experts, Appealing against a tribunal decision (MHT), Non-disclosure of documents and information (MHT), Displacement (appointment) by county court, Nearest relative's right to receive information, Right to be consulted and to object to s3 admission, Right to request discharge of s2 or s3 or CTO, Administrative Justice and Tribunals Council, All Party Parliamentary Group on Legal Aid, Care and Social Services Inspectorate Wales, European Union Agency for Fundamental Rights, House of Lords Select Committee on the Mental Capacity Act 2005, International Classification of Diseases (ICD), International Journal of Mental Health and Capacity Law, Joint Committee on the Draft Mental Health Bill, National Confidential Inquiry into Suicide and Safety in Mental Health, Mental Health Review Tribunal for Northern Ireland, Welsh Assembly emails archive (2010-2012), Improving Access to Psychological Therapies, Ethical and other conduct guidance for lawyers, Statistics - NHS Digital - Detention and CTO, Law Society mental capacity (welfare) accreditation scheme, Law Society mental health accreditation scheme, Law Society mental health accreditation scheme - CPD requirements, Law Society mental health accreditation scheme - guidance documents, https://www.mentalhealthlaw.co.uk/index.php?title=Mental_Health_Act_2007_Overview&oldid=50613, The following category (in the blue box) can be clicked to view a list of other pages in the same category. 5 and Transitional Provisions) Order 2008, Mental Health Act 2007 (Commencement No. In England and Wales, only psychiatrists with the longest memories have worked under any other legal framework than the 1983 Act. The location of publication in Washington, DC. Each page contains a summary of the change, when it comes into force, and an extract from the Mental Health Act 2007 Explanatory Notes where appropriate. (2) For that purpose, the Tribunal is to do the following. Download: Community treatment orders (PDF, 2.73Mb). Can treatment be given under the new appropriate treatment test? The Mental Health Act is a law that tells people with a mental health disorder what their rights are and how they can be treated. The Mental Health Act 1983 applies if you have a mental health problem, and sets out your rights if you are sectioned under this Act. The Mental Health Act 1983, amended in 2007 A BRIEF GUIDE FOR MENTAL HEALTH SERVICE USERS AND THEIR FAMILIES The 1983 Mental Health Act is, and remains, the important piece of legislation setting out the legal framework for compulsory powers in England and Wales. A guardian is someone who can help you live outside of hospital. Download: Everyone is equal (PDF, 2.90Mb). There's a law called The Equality Act, which says that everybody should be treated fairly. These are: the health and safety or protection test. It does this by authorising compulsory admission to hospital, and compulsory treatment in hospital, if strict conditions are met. It is expected that this will allow a small number of patients with a mental disorder to live in the community whilst subject to certain conditions under the 1983 Act, to ensure they continue with the medical treatment that they need. The main purpose of the legislation is to ensure that people with serious mental disorders which threaten their health or safety or the safety of the public can be treated irrespective of their consent where it is necessary to prevent them from harming themselves or others. Determining this threshold is a matter of clinical judgement but the Code of Practice at paragraph 4.6 includes considerations of the patient's mental health as well as physical health and also that detention can be to prevent future deterioration of mental or physical health (following supervised community treatment (SCT): it introduces SCT for patients following a period of detention in hospital. For an update on Article 3 case law see Curtice, pp. (a) the patient's admission to a designated facility under section 20 (1) (a) (ii), or. The plan will say what's going to happen and you should say whether you're OK with it or not. These are some of the key differences between the Acts. a is a voluntary code illustrating best practice, b sets out important principles that are not included in the statute, d lists all of the conditions that may be considered a mental disorder. The flexibility of this definition allows it to be Winterwerp-compatible and keep pace with the evolution of psychiatric terminology. See Category:Mental Health Act 2007 secondary legislation - England and Wales, See Category:Mental Health Act 2007 secondary legislation - England, See Category:Mental Health Act 2007 secondary legislation - Wales, See Category:Mental Health Act 2007 secondary legislation - Scotland, Foreign-language MHA information leaflets, Foetal Alcohol Spectrum Disorder (FASD) and capacity, Approved Mental Health Professional replaces Approved Social Worker, Responsible Clinician/Approved Clinician replaces Responsible Medical Officer, Supervised Community Treatment replaces Supervised Discharge, Mental disorder no longer split into separate classifications, Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder), Some exclusions to definition of mental disorder have been removed, Hospital directions under s45A apply to any mental disorder, Appropriate treatment test replaces treatability test and applies to all patients under long-term detention, Patient can apply to displace nearest relative, who can now be displaced on grounds of unsuitability, Civil partners are treated as if married when determining nearest relative, Additional safeguards for ECT introduced in new s58A, Treatment while under SCT is covered by new Part 4A, SOAD certificate becomes invalid when patient loses or gains capacity, Legal status of Code of Practice set out in Act, Fundamental principles set out in Act and included in Code of Practice, 16- or 17-year-old with capacity cannot be detained on basis of parental consent, New requirements for age-appropriate accommodation for children, Hospital direction patients can no longer apply to Tribunal during first six months, Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT, Restriction orders can no longer be time-limited, Domestic Violence Crime and Victims Act 2004 applies to unrestricted criminal patients, Automatic reference scheme under s68 changed, Organisation of Mental Health Review Tribunal changed, Reference to Local Health Boards inserted into Act, Procedure for making of instruments by Welsh Ministers set out, Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005, Limitation to the exceptions to the duty to instruct IMCA, Minor drafting error in MCA 2005 corrected, NHS Foundation Trusts discharge power problem remedied, Patients can be transferred between places of safety under s135 and s136, New Independent Mental Health Advocate scheme, Transitional provisions until full implementation of MHA 2007, New cross-border arrangements for leave and transfer, Domestic Violence Crime and Victims Act 2004, NHS Confederation Briefing: Implementing the Mental Health Act 2007: What boards need to know and do, Mental Health Act 2007 (Commencement No. What are the options for the lawful investigation and treatment of this patient? (e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants. Expenses. 7. The amended wording is probably a more honest statement of the therapeutic goals of compulsion. Chao, Oriana R v. Mental Health Review Tribunal, ex parte Clatworthy [1985]). Learning objectives This chapter will provide an overview of the most recent version of the Mental Health Act, including the implications of this Act for nursing practice and ethical treatment of patients. Awonogun, Olusola 3 The tribunal heard from medical experts that his problem was one of sexual deviancy, which was not a mental disorder in the meaning of the Mental Health Act 1983, Section 1(3). So although, for instance, anxiety is a mental disorder in the meaning of the Act, it would be necessary to demonstrate applicability of the appropriateness and health and safety tests (for Section 2) and the treatability test (for longer-term detention or compulsion). The Mental Health Act defines the term 'mental disorder' as 'any disorder or disability of mind'. Find out who can make decisions for you and how you can give them the right to make these decisions. Other key legislation which relates to the Commission's vision to achieve a community that experiences minimal alcohol and other drug-related harms and optimal mental health include: The following are the main changes to the 1983 Act made by the 2007 Act: The changes to the MCA provide for procedures to authorise the deprivation of liberty of a person resident in a hospital or care home who lacks capacity to consent. This page was last edited on 27 April 2021. The Mental Health Act is divided into ten parts, with sections within these categories to address specific circumstances. It is important to note that the 2007 amendments incorporate She is now coming to the end of the 28-day period. 7.The following are the main changes to the 1983 Act made by the 2007 Act: definition of mental disorder: it changes the way the 1983 Act defines mental disorder, so that a single definition applies throughout the Act, and abolishes references to categories of disorder. It also introduces a single Tribunal for England, the one in Wales remaining in being. The four categories of mental disorder required for longer-term detention (mental illness, mental impairment, severe mental illness and psychopathic disorder) are removed from the 1983 Act. 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