National Preventive Mechanism Annual Report 2009–10
Care Quality Commission
T
he Care Quality Commission (CQC) is
an independent, statutory organisation
responsible for the registration, review and
inspection of health and adult social care
services in England.25 A key part of this role
involves monitoring the operation of the
Mental Health Act 1983, including visiting
those who are detained under mental
health law. Such visits are carried out by
Mental Health Act (MHA) commissioners,
people appointed by CQC on the basis
of their expertise and experience. MHA
commissioners come from a range of
professional backgrounds, including law
and medicine, but all must have knowledge
of the MHA and mental health services.
Commissioners visit services where people
are detained under mental health legislation
to find out about their experiences and to
check that their rights are being protected.
Commissioners may also visit patients who
are subject to community treatment orders.
In line with its wider role of regulating and
inspecting all health services, CQC participates
in inspections of prisons and immigration
detention by HMIP, and inspections of police
custody by HMIP and HMIC.
Methodology
CQC makes announced visits at short notice
and unannounced visits to psychiatric wards
where patients are detained under mental
health law. Currently, psychiatric wards are
visited at no more than 18-month intervals,
although many wards are visited more
frequently according to perceived need.
MHA commissioners are afforded free
access to patients, premises and records,
including medical records. CQC is committed
to involving service users in its work and, on
some occasions, a specially trained person
with experience of being detained will help
the commissioner to plan and carry out a
visit. Following each visit, a summary report
is sent to the manager of the ward and
overall findings are collated into an annual
report for the NHS trust or independent
hospital. These annual reports are also
published on the CQC website.
OPCAT compliance
As with some other members of the UK’s
NPM, CQC’s founding legislation enables
the government to direct it to examine
certain areas of the government’s choosing.
There are concerns that this compromises
CQC’s independence and has the potential
to distort CQC’s own priorities, particularly
at a time of scarce resources. For example,
regulations made under the Health and Social
Care Act 2008 require CQC to be notified of
the unauthorised absence of a detainee from
hospital. This has turned into a considerably
bureaucratic task and takes resources away
from work CQC itself has prioritised.
Summary of activities
In 2009–10, CQC carried out visits to 1,733
wards in 701 hospitals where patients were
detained under the MHA. On these visits, it
met in private with 4,943 patients, checked
5,673 detention documents, and met 113
patients in groups.
Key issues
CQC has identified a number of key issues
arising from its visits to places of detention.
In particular, it is concerned at the safety
and security of child and adolescent patients
admitted to adult mental health facilities,
although this practice is becoming less
25 CQC was created by the Health and Social Care Act 2008. It became fully operational on 1 April 2009 when it took over the
activities of the Commission for Social Care Inspection, the Healthcare Commission and the Mental Health Act Commission.
32
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents