- Key legislation - Mental Health Act 1983
- What are the Mental Health Acts of 1983 and 2007 and what happens when someone is sectioned?
- Who pays for care when someone is Sectioned? | Care To Be Different
- Mental Health Act 1983
- Accessibility links
Key legislation - Mental Health Act 1983
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Your rights under the Mental Health Act. Categories: Public, Mental health community services, Mental health hospital services We monitor the use of the Mental Health Act and protect the interests of people whose rights are restricted under that Act. Detention in hospital Find out what to expect if you are diagnosed with a mental health disorder and are detained under the Mental Health Act for assessment or treatment in a hospital. Community treatment orders Find out what happens after being discharged from hospital if you are given a community treatment order CTO.
What are the Mental Health Acts of 1983 and 2007 and what happens when someone is sectioned?
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Who pays for care when someone is Sectioned? | Care To Be Different
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Mental Health Act 1983
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Guidance for providers In this section Information for care providers, including guidance about regulations, how to register with us, what incidents you must notify us about and what we look at when we carry out inspections. Independent healthcare services and hospices Prisons and secure settings Children and young people. The Mental Health Act is largely concerned with the circumstances in which a person with a mental disorder can be detained for treatment for that disorder without his or her consent. The main purpose of the Act is to amend the Act. It is also being used to introduce "deprivation of liberty safeguards" through amending the Mental Capacity Act MCA ; and to extend the rights of victims by amending the Domestic Violence, Crime and Victims Act The Act is largely concerned with the circumstances in which a person with a mental disorder can be detained for treatment for that disorder without his or her consent.
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It also sets out the processes that must be followed and the safeguards for patients, to ensure that they are not inappropriately detained or treated without their consent. The main purpose of the legislation 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.
The European Court of Human Rights found that admission to and retention in hospital of HL under the common law of necessity amounted to a breach of Article 5 1 ECHR deprivation of liberty and of Article 5 4 right to have lawfulness of detention reviewed by a court. It changes the way the Act defines mental disorder, so that a single definition applies throughout the Act, and abolishes references to categories of disorder.
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These amendments complement the changes to the criteria for detention. It 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. The provisions for determining the nearest relative will be amended to include civil partners amongst the list of relatives.
It 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 Act as amended, to ensure they continue with the medical treatment that they need. It introduces an order-making power to reduce the time before a case has to be referred to the MHRT by the hospital managers.