Section Three The second year – activities and key issues by type of detention
Detention under mental health
law
In the UK, people with mental disorders
may be detained under mental health law
to ensure that they receive the care and
treatment necessary for their own health and
safety or for the protection of others. This is
subject to strict criteria and safeguards set
out in mental health legislation. The precise
legal provisions and processes vary between
jurisdictions in the UK, as do the independent
monitoring arrangements. However, the four
NPM members responsible for monitoring
detention under mental health law in the UK
communicate regularly with one another,
sharing information and experience.32 This
communication is particularly important, as
cross-border placements sometimes take
place.
England
In England, CQC regulates health and adult
social care. It has a statutory duty to monitor
the operation of the Mental Health Act 1983
(MHA) and to carry out visits to those whose
rights are restricted under it. Visits are carried
out by MHA commissioners who are separate
from compliance inspectors carrying out the
regulatory activities of CQC. During their visits
to services where people are detained, MHA
commissioners check that detained patients’
rights are being safeguarded and meet
patients to find out more about their individual
experience of detention.
In 2010–11, MHA commissioners carried out
1,565 visits in more than 670 hospitals in
England. They met in private with more than
4,700 detained patients. Reports of individual
visits are submitted to hospital managers
but are not published. Instead, CQC publishes
annual statements on each mental health trust
or independent provider. CQC also publishes an
annual report to Parliament of its monitoring
of the use of the MHA.
The MHA Code of Practice includes a
statement of principles to guide those who
have responsibilities under the Act and to
which all those involved in the operation of
the Act should adhere. In monitoring the MHA,
CQC checks that any restrictions imposed
on a patient’s liberty are the least restrictive
and that MHA powers are exercised with
respect for the patient’s wishes and feelings
and within a wider approach that focuses on
promoting recovery and autonomy.
Patients and, where appropriate, carers or
families should be involved in planning,
developing and reviewing their own
treatment. This can help lessen the perception
of coercion in psychiatric care. CQC’s
monitoring shows that there continue to be
variations in the extent to which patients are
involved in assessments and care planning.
While it has observed excellent examples
of patient participation, CQC has also visited
many services where practice is deficient.
Some patients have been excluded from
care planning and decision making and
report feeling intimidated or patronised by
staff. Some patients are presented with
care plans which are not personalised to
them and in which they have had no input.
CQC recommends that service providers
ensure that staff are appropriately skilled and
encourage patient participation.
Through its ‘Acting Together’ programme, the
CQC itself promotes the participation of service
users in its monitoring work. A panel of service
users, comprising people who are currently
subject to detention or who have been
previously detained, informs CQC’s approach to
monitoring the operation of the MHA.
32 See page 13.
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