Mental Health Act 2007
Elizabeth II – Chapter 12
- Great Britain
- TSO (The Stationery Office)
The main purpose of the Mental Health Act 2007 is to amend the Mental Health Act 1983 (ISBN 0105420832). It also introduces 'deprivation of liberty safeguards' through amending the Mental Capacity Act 2005 (MCA) (ISBN 0105405078) and extends the rights of victims by amending the Domestic Violence, Crime and Victims Act 2004 (ISBN 0105428043), all of which are available below.
The Mental Health Act 2007 makes a number of changes to the 1983 Act, including:
Definition of mental disorder: The 2007 Act changes the way the 1983 Act defines mental disorder, so that a single definition applies throughout the Act, and abolishes references to categories of disorder. These amendments complement the changes to the criteria for detention.
Criteria for detention: The 2007 Act introduces a new 'appropriate medical treatment' test which will apply to all the longer-term powers of detention. As a result, it will not be possible for patients to be compulsorily detained or their detention continued unless medical treatment which is appropriate to the patient's mental disorder and all other circumstances of the case is available to that patient At the same time, the so-called "treatability test" will be abolished.
Professional roles: The 2007 Act is broadening the group of practitioners who can take on the functions currently performed by the approved social worker (ASW) and responsible medical officer (RMO).
Nearest relative (NR): The 2007 Act gives to patients the right to make an application to displace their NR and enables county courts to displace a NR where there are reasonable grounds for doing so. The provisions for determining the NR will be amended to include civil partners amongst the list of relatives.
Supervised community treatment (SCT): The 2007 Act introduces SCT for patients following a period of detention in hospital. It is expected that this will allow a small number of patients with a mental disorder to live in the community whilst subject to certain conditions under the 1983 Act, to ensure they continue with the medical treatment that they need. Currently some patients leave hospital and do not continue with their treatment, casuing their health to deteriorate, and resulting in them requiring detention again - the so-called 'revolving door'.
Mental Health Review Tribunal (MHRT): The 2007 Act introduces an order-making power to reduce the time before a case has to be referred to the MHRT by the hospital managers. It also introduces a single Tribunal for England, the one in Wales remaining in being.
Age-appropriate services: The 2007 Act requires hospital managers to ensure that patients aged under 18 admitted to hospital for mental disorder are accommodated in an environment that is suitable for their age (subject to their needs).
Advocacy: The 2007 Act places a duty on the appropriate national authority to make arrangements for help to be provided by independent mental health advocates.
Electro-convulsive therapy: The 2007 Act introduces new safeguards for patients in this area.
Explanatory Notes have been produced to assist in the understanding of this Act and are available separately as 'Mental Health Act 2007: Elizabeth II - Chapter 12 - Explanatory Notes' (ISBN 0105612073, available below).
The 'Mental Health Act 1983 Code of Practice - 2008 Revision' (ISBN 9780113228096) is available to order separately, please see below.
|Format||Paperback||Published||30 Jul 2007|
|Availability||Black and white copy, 1-3 days||Delivery||Delivery options and charges|