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Mental Health Act 2007: Workbook Hospital Managers

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Mental Health Act 2007: Workbook Hospital Managers Mental Health Act 2007: Workbook Hospital Managers Hospital Managers Workbook Table of Contents Introduction ..................................................................................................................1 About this workbook................................................................................................1 How to use the workbook........................................................................................1 Module objectives ...................................................................................................2 Before you begin... ..................................................................................................3 The Mental Health Act 2007.......................................................................................10 Mental health legislation review ............................................................................10 Outline of the key changes to the Mental Health Act 1983....................................12 Mental Health Act 1983 Code of Practice for Wales .............................................14 The empowerment principles ................................................................................15 The equity principles .............................................................................................15 The effectiveness and efficiency principles ...........................................................15 What does all this mean for hospital managers?...................................................16 Discharge of patients from detention in hospital.........................................................17 Overview ...............................................................................................................17 Criteria for detention under section 3 ....................................................................18 Mental disorder ..........................................................................................................19 A simplified definition ............................................................................................19 Learning disability .................................................................................................20 Exclusions from the operation of the Act...............................................................20 What does this mean in practice? .........................................................................20 To summarise: ......................................................................................................21 Version 1 Hospital Managers Workbook The appropriate medical treatment test......................................................................22 Overview ...............................................................................................................22 What is meant by 'medical treatment'?..................................................................23 When does the appropriate medical treatment test apply? ...................................24 Summary...............................................................................................................24 Other grounds ............................................................................................................25 The patient's own health or safety.........................................................................25 The protection of other persons ............................................................................26 Discharge by hospital managers ................................................................................27 Activity 1................................................................................................................28 Supervised community treatment...............................................................................38 Overview ...............................................................................................................38 Making a community treatment order....................................................................40 Discharge from SCT..............................................................................................44 Discharge by hospital managers using powers under section 23..........................45 Activity 2................................................................................................................47 Professional roles.......................................................................................................52 Overview ...............................................................................................................52 Approved clinician .................................................................................................52 Responsible clinician.............................................................................................53 Approved mental health professionals ..................................................................53 Referrals of a patient’s case to the Mental Health Review Tribunal for Wales by the hospital managers......................................................................................................56 Overview ...............................................................................................................56 Patients for whom hospital managers must make a referral .................................56 Version 1 Hospital Managers Workbook Periods after which hospital managers must make a referral................................57 Provisions for young people .......................................................................................59 Informal admission of patients aged 16 or 17........................................................59 Accommodation for patients aged under 18..........................................................59 Independent mental health advocates........................................................................61 Qualifying patients.................................................................................................61 How does the IMHA support the patient?..............................................................61 Communication and access to records .................................................................62 Who can act as an IMHA? ....................................................................................62 What does this mean for hospital managers? .......................................................63 Outline of the principal changes to the Domestic Violence, Crime and Victims Act 2004 ...........................................................................................................................64 Overview ...............................................................................................................64 Victims’ rights........................................................................................................64 Final Quiz ...................................................................................................................66 Version 1 Hospital Managers Workbook Acknowledgements Produced by: Walkgrove Ltd. 3 Enterprise Court, Hamilton Way, Mansfield, Notts. NG18 5BU Version 1 Hospital Managers Workbook Introduction About this workbook This workbook is for hospital managers (or those delegated to act on their behalf) who are involved in the provision of mental health and learning disability services. Its aim is to provide an overview of the changes to existing mental health legislation following the implementation of the Mental Health Act 2007. In particular, we will be looking at the changes that have been made to two Acts: • Mental Health Act 1983 ('the 1983 Act') • Domestic Violence, Crime and Victims Act 2004. The content of the workbook examines the ways in which these have been changed by the Mental Health Act 2007, and examines some of the more important changes in practice that result. Except where noted otherwise in the workbook, these changes will come into effect on 3 November 2008. The material in this workbook is consistent with the workshop module and has been designed to provide support for those people who prefer to work on their own or are unable to attend a workshop session. It is important to recognise that it is not guidance and should not be used to inform legal decision making. How to use the workbook The workbook contains a series of practical activities designed to help you expand and apply your skills and knowledge of the law and practice as it now stands. It is important that you take time to do the activities as skill development depends on practice. To gain the most benefit from this workbook: • Allocate dedicated time to complete the workbook • If possible, find somewhere quiet and without interruptions • Ensure you have a copy of the Mental Health Act 1983 Code of Practice for Wales, and the Mental Health Act 2007 • Discuss your answers with a colleague to ensure you have explored the relevant issues and you can relate it to your work as a hospital manager. Version 1 1 Hospital Managers Workbook Module objectives After studying this workbook you will be able to: • Define the processes and good practice that should be adopted when considering whether to exercise the power of discharge • Explain the new simplified, single definition of mental disorder and the revised criteria for detention for treatment • Explain the provisions of supervised community treatment and the hospital manager's role in considering a patient’s discharge
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