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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