Mental Health Act (1983) as amended in 2007
What is the Mental Health Act (MHA)?
The Mental Health Act (MHA) 1983 (as amended in 2007) is the law governing the compulsory treatment of people who have a mental disorder. The Act represents a careful balance between the individual rights of patients and society’s responsibility to protect them and other people from the harm which a mental disorder might cause.
How is the MHA regulated?
It is the Care Quality Commission’s (CQC) role as a regulator to keep the use of the MHA under review and check it is being applied properly.
CQC MHA Inspectors perform this work by visiting all places where patients are detained under the Act, and meet with them in private. Where requested, arrangements can also be made to meet patients who are living in the community and are subject to a Community Treatment Order (CTO).
Guidance for people working with the MHA
Guidance for people whose work relates to the Mental Health Act can be found via the CQC website here.
Code of Practice – Mental Health Act 1983
The Code provides guidance to registered medical practitioners, approved clinicians, managers and staff of hospitals, and approved mental health professionals on how they should proceed when undertaking duties under the Act.
It also gives guidance to doctors and other professionals about certain aspects of medical treatment for mental disorder more generally.
The MHA 1983 Code of Practice document can be found here.
Mental Capacity Act (2005)
What is the Mental Capacity Act (MCA)?
The Mental Capacity Act 2005 was implemented in 2007 and affects everyone who is involved in making decisions for people who lack capacity to make decisions for themselves.
It provides a statutory framework for the assessment of mental capacity and defines how decisions can be made on behalf of someone who lacks capacity.
It applies to individuals over the age of 16.
How is the MCA regulated?
It is the Care Quality Commission’s (CQC) role as a regulator to keep the use of the MCA under review and check it is being applied properly.
Any challenges, disagreements, appeals are managed via the Court of Protection.
Code of Practice – Mental Capacity Act
The Code provides guidance to all practitioners applying the MCA on how they should proceed when undertaking duties under the Act.
The MCA Code of Practice document can be found here.
Deprivation of Liberty Safeguards (2009)
What are the Deprivation of Liberty Safeguards (DoLS)?
- Came into force in April 2009, to meet a gap in legislation created by the Bournewood case (HL v UK 2004).
- The safeguards protect the rights of people who have lost the capacity to make decisions around their care and treatment and who are deprived of their liberty in a care home or hospital.
How is DOLS regulated?
Any challenges, disagreements, appeals are managed via the Court of Protection.
