Section two The fourth year – an overview The CQC began the process of improving links between its work under the Mental Health Act and its regulation of mental health services. This was with a view to protecting the rights of those in vulnerable circumstances, particularly those who, because of concerns about their safety and the safety of others, have had their freedom restricted by being detained and treated against their will. This will mean greater alignment of Mental Health Act activity and inspection visits and more involvement of Experts by Experience11 in Mental Health Act monitoring. To inform its role in monitoring detention in health and social care as part of the NPM, the CQC commissioned a comparative review of international monitoring mechanisms from the University of Bristol Human Rights Implementation Centre. The research commissioned will help the CQC understand the experiences of other countries in monitoring their mental health legislation, with a view to developing its own functions on the basis of international evidence and knowledge about best practice. This report will be made public in the next reporting period. Case study Taking action to improve monitoring of services caring for people with learning disabilities Following the government’s response to failings at Winterbourne View Hospital, the CQC has dedicated special attention to services caring for people with learning disabilities. Building on its awareness of continuing problems with the quality of care for people with learning disabilities, including lengthy stays in hospital away from their families and communities, the CQC has begun working with the Joint Improvement Team funded by the Department of Health and the Local Government Association with the aim of supporting commissioner assessments of all people with learning disabilities currently in the system. Throughout 2012–13, the CQC continued to develop its approach to monitoring deprivation of liberty safeguards (DoLS) in hospitals and care homes. In January 2013, CQC published its third annual report on monitoring DoLS, and its fourth annual report will combine activity data about the use of safeguards from the Health and Social Care Information Centre (HSCIC), and information gathered from two surveys: one of organisations providing independent mental capacity advocate services, and another of local authorities in their role as supervisory bodies. A new mental capacity act policy manager will provide a specialist focus on CQC’s monitoring work in this area. 11 Experts by Experience have personal experience of using or caring for someone who uses mental health services. In the context of Mental Health Act monitoring, Experts by Experience will have experience of detention under the Mental Health Act. 17

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