Mental Health guide
Mental Health Act 2007
The Mental Health Act 2007 introduces a number of amendments to the 1983
Mental Health Act.
- Definition of mental disorder: changes the way the 1983 Act defines mental
disorder so that a single definition applies throughout the Act and abolishes
references to categories of disorder.
- Criteria for detention: introduces a new “appropriate medical treatment” test
for all the longer-term powers of detention.
- Professional roles: broadens
the group of practitioners who can take on functions currently performed
by the
Approved Social Worker and Responsible Medical Officer.
- Nearest relative: gives patients the right to make an application to displace
their nearest relative and enables County Courts to do this where there
are reasonable grounds.
- Supervised Community Treatment (SCT): introduces SCT for patients following
a period of detention in hospital. The new provisions on SCT will come
fully into force in October 2008. To be eligible for SCT you must be liable
to be
detained in hospital under section 3, or, if a Part 3 patient, be subject
to a hospital order, a hospital direction or a transfer direction without
restrictions.
- Community Treament Order (CTO): Section 17A gives the Responsible Clinician
the power, by order in writing to discharge a detained patient from hospital
subject to recall if deemed necessary. This is called a Community Treatment
Order.
- Mental Health Review Tribunal: introduces a power to make an order to reduce
the time before a case has to be referred to the Tribunal by the Hospital
Managers. It also introduces a single tribunal for England.
- Age appropriate services: requires Hospital Managers to ensure that patients
under 18 admitted to hospital for mental disorder are accommodated in an
environment that is suitable for their age.
- Advocacy: places a duty on the appropriate national authority to make arrangements
for help to be provided by independent mental health advocates.
- Electro-convulsive Therapy: introduces new safeguards for patients.
For further information on the Act and the issues related to it:
www.mhact.csip.org.uk
www.dh.gov.uk/en/Healthcare/NationalServiceFrameworks/Mentalhealth/DH_089882
www.mind.org.uk/Information/Legal/