Mental Health Legislation

Accountability for delivering the Mental Capacity Act programme and Deprivation of Liberty Safeguards now lies with the Deputy Regional Director for Social Care.  Until 30 August 2009 we were commissioned to deliver this work on thier behalf.  Predominantly the programme initiatives will be delivered with regional networks - the Local Implementation Network (LIN), the Local Implementation Group (LIG) and the regional Mental Health Legislation Group.

Until September 2009 our Mental Health Legislation Lead was Pat Stewart.  Pat now works for the North East Government Office leading on the Mental Capacity Act and Deprivation of Liberty Safeguards; accountability for these programmes transferred to the Deputy Regional Director for Social Care.

Mental Capacity Act

This programme aims to ensure that the principles of the Mental Capacity Act (MCA) are understood and embedded in practice, particularly within health services.  This includes:

  • assessment of capacity
  • best interest decisions
  • the new Independent Mental Capacity Advocacy Service
  • the new offence of 'ill treatment or wilful neglect'
  • the new Court of Protection and Office of the Public Guardian
  • new regulations on forward planning including Lasting Powers of Attorney and Advance Decisions.

Deprivation of Liberty Safeguards (DoLS)

This programme supports a wide range of multi-agency networks to ensure that all agencies are able to meet their statutory duties in relation to Deprivation of Liberty Safeguards (DoLS).  DoLS aims to:

  • provide legal safeguards to those vulnerable people who are deprived of their liberty
  • prevent arbitrary decisions depriving a person of their liberty
  • give rights of appeal.

DoLS is introduced via the Mental Health Act 2007 but will become part of the Mental Capacity Act (2005).

Implementation of the Mental Health Act 2007

This programme aims to ensure that all relevant agencies are supported to meet their statutory requirements under the Act, in light of the changes to the 1983 Act made by the 2007 Act.  The changes are:

  • a change in definition of mental disorder
  • introduction of a new 'appropriate medical treatment' test
  • broadening of the group of practitioners who can take on the functions currently performed by the Approved Social Worker and Responsible Medical Officer
  • gives patients the rights to make an application to displace their nearest relative
  • enables county courts to displace a nearest relative on reasonable grounds
  • introduces supervised community treatment following detention in hospital
  • introduces an order-making power to reduce the time before a case has to be referred to the Mental Health Review Tribunal
  • Requires hospital managers to ensure patients aged under 18 admitted for mental disorder are placed in an age-appropriate environment
  • Places a duty on the appropriate authority to make arrangements for help to be provided by independent mental health advocates
  • Introduces new safeguards for patients regarding electro convulsive therapy

Resources previoiusly published by the Care Services Improvement Partnership to support implementation of the Mental Health Act are now available here.

Care Programme Approach

This programme supports the two Mental Health Trusts in the North East to meet their obligations under the updated Care Programme Approach guidance.

Links to other websites for further information