Slide 1: The Mental Health Bill Consultation with Black and Minority Ethnic People November 2005
Slide 2: Why do we need Mental Health law? Purpose: • protect from harm • promote better health • improve public safety Legal authority to treat without consent: • circumstances • procedures • safeguards
Slide 3: Why change the law? A modern legal framework: • in line with modern patterns of communitybased care • focus on the individual - new and improved safeguards for patients • in line with developing human rights law
Slide 4: The conditions mental disorder & necessary - risk of harm & no alternative & appropriate treatment available
Slide 5: Initial examination • Purpose – to decide whether conditions met – to decide whether treated as a hospital inpatient (resident patient) or in the community (non-resident patient) • Anyone can request an examination • AMHP and two doctors • Consultation with patient, carers, parents
Slide 6: Assessment • Clinical supervisor appointed • Assessment – treatment required – care plan – advocacy – nominated person appointed – duty to keep conditions and residency under review • Tribunal application by patient or nominated person
Slide 7: Tribunal • Expert Panel – provides medical member and possibly other experts • Tribunal will ask: are conditions met? • If yes: – Make an order for further assessment – Make a treatment order • If no: – Patient discharged
Slide 8: Discharge • When any of the conditions is no longer satisfied • Patient or nominated person successfully applies to the Tribunal
Slide 9: Patients in criminal proceedings • Powers to assess and treat mentally disordered offenders • Powers for courts to remand offenders for treatment • Divert from prison to mental health services • Home Secretary involvement • New powers for assessment/treatment in the community
Slide 10: Summary • Bill part of Government’s Mental Health Strategy • Bill scheduled for this session • Publication of REIA • Important safeguards: nominated person, advocate, care plan, tribunal, monitoring and inspection • Concerns expressed – and to be discussed further today
Slide 11: Your advice What can we do? - Leave things but monitor - Change the Bill - Regulations - Look at how we implement - Provide strong guidance through code