The Mental Health Act 1983 as amended by the Mental Health Act 2007 (MHA), together with the Mental Capacity Act 2005 (MCA), provides the legal framework by which individuals may be detained in order that they may receive care and treatment appropriate to address the needs of their mental disorder.
The Trust has a statutory duty to ensure that all relevant functions of the MHA are applied and monitored according to the given standards contained in the Mental Health Act 1983: Code of Practice (2015 edition). This Policy document provides information on the sources of legislation and guidance relevant to the operation of the MHA. Trust staff working within the framework of the MHA must follow the statutory provisions and guidance in carrying out their functions. Failure to do so can result in illegal or de-facto detention of patients, treatment being provided illegally, and may lead to negative reports from the Care Quality Commission in their monitoring of services and legal action against the Trust or individuals.
This Policy supersedes those detailed on the cover page of the Policy and must be read in conjunction with the statutory references (point No. 9 on Policy) and the multi agency Policies and Trust Standing Operating Procedures on the Document Control Summary on the front pages of this Policy.