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Mental Health Act 1983 (as amended by the Mental Health Act 2007) Policy

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.

Link to the full Policy:

Mental Health Act 1983 (as amended by the Mental Health Act 2007) Policy

Link to the Equalities Impact Analysis:

Mental Health Act 1983 (as amended by the Mental Health Act 2007) Policy EIA

Link to the Associated Policies/SOPs:

Conveyance Policy

Assessment for Admission under the Mental Health Act Policy

Informal Admission Policy

MHA Scheme of Delegation SOP

Section 136 Policy

Appendix 1 - Shropshire Section 136

Appendix 2- Staffordshire Section 136

Section 117 Aftercare Policy

CQC Reporting Policy

Advance Statements Advance Decisions SOP

Link to the Associated Policies/SOPs Equalities Impact Analysis:

Conveyance Policy - EIA

Advance Decisions Advance Statements SOP- EIA

Link to the Standard Operating Procedures:

Advice and guidance in support of Mental Health Act Assessment work in Police custody post allegation of a serious crime SOP

Section 132 Informing patients and nearest relatives of their rights under the MHA SOP

Detention under the MHA or DOLs SOP

Discharge of a Patient by their Nearest Relative SOP

Community Treatment Orders SOP

Consent to Examination or Treatment SOP

Hospital Managers (Power of Discharge) SOP

Hospital Mangers Role SOP

Independent Mental Health Advocates SOP

Mental Health Act Hospital Guidelines SOP

Section 17 SOP

Section 17 SOP - Associated documents

Section 5(4) SOP

Section 19 Transfer Regulations SOP

Section 58 SOP

Section 58 SOP - Associated documents

Locked Door SOP

Link to the SOP Equalities Impact Analysis:

Section 132 Informing patients and nearest relatives of their rights SOP- EIA

Detention under the MHA or DoLS SOP - EIA

Discharge of a Patient to their Nearest Relative SOP - EIA

Community Treatment Orders SOP- EIA

Consent to Examination or Treatment SOP- EIA

Conveyance Policy - EIA

Independent Mental Health Advocates SOP- EIA

Section 5(4) SOP- EIA

Section 17 Leave SOP- EIA

Section 19 Transfers SOP- EIA

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