Mental Health Act 2007

Mental Health Act 2007

A Parliamentary Act which amends the Mental Health Act 1983, the Mental Capacity Act 2005 and the Domestic Violence, Crime and Victims Act 2004. The Mental Health Act 1983 describes the circumstances under which a person can be detained to treat a mental disorder without consent, delineating processes and safeguards which ensure that the patients are not inappropriately detained or treated without their consent. The main purpose of the 1983 Act 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.

Mental Health Act 2007 changes
• A single definition of mental disorder applies throughout the Act—categories of disorder are abolished.
• Introduces a new “appropriate medical treatment” test for all longer-term detention. Thus, a patient can no longer be compulsorily detained, or have his/her detention continued, unless appropriate medical treatment is available to that patient. These criteria abolished the treatability test.
• Professional roles—the 2007 Act broadens the professionals who can take on the functions performed under the 1983 Act by the responsible medical officer and by approved social worker (ASW, a now-obsolete title, which was replaced by Approved Mental Health Professional (AMHP), a title which is not limited to social workers).
• Nearest relative—gives patients the right to apply to the Court to displace their nearest relative and enables a Court to displace a nearest relative who it thinks is not suitable to act as such. Expands nearest relative criteria to include civil partners amongst the list of relatives.
• Supervised Community Treatment (SCT)—introduces SCT for patients following a period of detention in hospital, allowing discharge from detention, subject to possible recall to hospital if necessary, to reduce the cycle in which patients leave hospital, stop taking their medications, deteriorate and need further detention—the so-called revolving door.
• Electro-convulsive therapy—introduces new safeguards for patients.
• Independent mental health advocacy—tasks appropriate national authority to arrange for help by independent mental health advocates.
• Age-appropriate services—requires hospital managers to ensure that patients under age 18 admitted to hospital for mental disorder are accommodated in an environment that is suitable for their age (subject to their needs).
References in periodicals archive ?
Milton keynes council requires an independent advocacy service which meets all statutory requirements for the provision of independent advocacy under the terms of the care act 2014, the mental capacity act 2005, the mental health act 2007 and the health and social care act 2012.
Most cases dealt with at the hospital will involve users being detained under the Mental Health Act 2007 to prevent them harming themselves.
Amendments to section 160 of the Mental Health Act 2007 in schedule
66) See, eg, Mental Health Act 2007 (NSW) s 189 creates an offence
The Mental Health Act 2007 provides for advocacy for those who are already detained, but there is no right to independent advocacy before compulsion.
The resultant Mental Health Act 2007 amends the Mental Health Act 1983 in a number of specific and important ways.
Derby City Council, in its capacity as the Authorising Body under the terms of the Mental Health Act 2007.
Most cases will involve users being detained at the hospital under the Mental Health Act 2007 to prevent them harming themselves.
The primary role of the Hub will be to meet all statutory requirements on the Authority for the provision of independent advocacy under the terms of the Care Act 2014, the Mental Capacity Act 2005 and the Mental Health Act 2007 across all categories of need, including adults with learning disabilities, dementia, mental health needs, acquired brain injury, physical and sensory impairment and young people in transition to adult services.
The London Borough of Hillingdon has made a decision to address all statutory independent advocacy requirements through a single contract to procure a service to be known as the Hillingdon Integrated Advocacy Service which will provide a single gateway for the appointment of independent advocates under the Care Act 2014, the Mental Capacity Act 2005 and the Mental Health Act 2007, through a single point of contact.

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