Abstract
SummaryThe new Mental Health Act 2007 for England and Wales has introduced substantial amendments to the 1983 Mental Health Act and has also amended the Mental Capacity Act 2005. Most provisions came into effect in November 2008. the introduction of supervised community treatment, changes to professional roles such as the role of ‘responsible clinician’, and the introduction of deprivation of liberty safeguards in the Mental Capacity Act are discussed. Many of the new safeguards in the Act are welcomed by clinicians and service user groups. However, other changes are more controversial and could potentially lead to an increase in the work load of clinicians.
Highlights
The new Mental Health Act 2007 for England and Wales has introduced substantial amendments to the 1983 Mental Health Act and has amended the Mental CapacityAct 2005
The revised Code gives some guidance on choosing between guardianship, section 17 leave and supervised community treatment
The criteria for making a community treatment order are: (a) the individual is suffering from mental disorder of a nature or degree that makes it appropriate for them to receive medical treatment; (b) it is necessary for their health or safety or for the protection of other people that they should receive such treatment; (c) subject to their being liable to be recalled, such treatment can be provided without their continuing to be detained in a hospital; (d) it is necessary that the responsible clinician should be able to exercise the power to recall the individual to hospital; (e) appropriate medical treatment is available
Summary
The new Mental Health Act 2007 for England and Wales has introduced substantial amendments to the 1983 Mental Health Act and has amended the Mental CapacityAct 2005. Mental health law is about balancing the need to detain people in order to protect them or other people from harm and the need to respect peoples’ human rights and autonomy, and there was much concern during the development and passage of the new legislation that the government had got this balance wrong Many of these concerns have been addressed in the updated Code of Practice to the 1983 Mental Health Act which is an essential guide to practicing under the Act. There is no legal duty to comply with the Code, but professionals must have regard to it and record the reason for any departure from the guidance (which can be subject to legal challenge). Efficiency and equity: resources should be used in an effective, efficient and equitable way in order to meet the needs of patients
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