Code of Practice: Mental Health Act 1983This Code of Practice is a reference tool for those dealing with, and caring for people admitted to hospital and care homes with mental health problems. Authored by the Department of Health and produced following wide consultation with those who provide and receive services under the Mental Health Act, this publication will come into force on 3 November 2008. Through the Mental Health Act 2007, the Government has updated the 1983 Act to ensure it keeps pace with the changes in the way that mental health services are - and need to be - delivered. This publication provides guidance and advice 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 Mental Health Act Code of Practice is also aimed at all of those working in primary care, Mental Health Trusts, NHS Foundation Trusts as well as solicitors and attorneys who advise on mental health law. The Code should also be beneficial to the police and ambulance services and others in health and social services (including the independent and voluntary sectors) involved in providing services to people who are, or may become, subject to compulsory measures under the Act. It will also be a guide for those working with people with specific mental health needs such as those in nursing and care homes, and those in prison. |
Contents
Statement of guiding principles 57 | 5 |
Information for patients nearest relatives and others | 7 |
Mental disorder | 19 |
Applications for detention in hospital | 24 |
Emergency applications for detention | 51 |
The appropriate medical treatment test | 54 |
Conflicts of interest | 59 |
The nearest relative | 63 |
Leave of absence | 165 |
Absence without leave | 173 |
Medical treatment under the Act | 179 |
Treatments subject to special rules and procedures | 199 |
Supervised community treatment | 220 |
Guardianship | 241 |
Aftercare | 250 |
Guardianship leave of absence or SCT? | 256 |
Attorneys and deputies | 69 |
Police powers and places of safety | 72 |
Conveyance of patients | 87 |
Holding powers | 95 |
Receipt and scrutiny of documents | 103 |
Allocating or changing a responsible clinician | 107 |
Safe and therapeutic responses to disturbed behaviour | 112 |
Privacy and safety | 131 |
Wishes expressed in advance | 141 |
Confidentiality and information sharing | 146 |
Visiting patients in hospital | 153 |
Independent mental health advocates | 157 |
renewal extension and discharge | 260 |
Functions of hospital managers | 268 |
Hospital managers discharge power | 279 |
The Tribunal | 290 |
Patients concerned with criminal proceedings | 298 |
People with learning disabilities or autistic spectrum disorders | 307 |
People with personality disorders | 321 |
Children and young people under the age of 18 | 326 |
Key words and phrases used in this Code | 355 |
List of policies and procedures | 367 |
| 370 | |
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Common terms and phrases
admission advance decision after-care AMHP application for detention appropriate medical treatment approved clinician arrangements assessment authorised autistic spectrum disorders behalf Capacity Act 2005 capacity to consent carers chapter child or young children and young circumstances clinical clinician in charge confidentiality consent to treatment consider Court of Protection criteria deprivation of liberty detained in hospital detained patients detention in hospital detention or SCT discharge Gillick competent given guardianship guidance hospital managers IMHA Independent mental health involved lack capacity learning disability leave of absence Mental Capacity Act mental disorder Mental Health Act nearest relative necessary panel paragraphs parental responsibility particular patient's detention patient's responsible clinician person with parental personality disorders place of safety possible reasons recalled to hospital record Reference Guide relevant restricted patients risk SCT patients seclusion section 57 self-harm SOAD staff supervised community treatment transfer treatment for mental Tribunal young person