Mental Health Act 2007
 | |
| Long title | An Act to amend theMental Health Act 1983,theDomestic Violence, Crime and Victims Act 2004and theMental Capacity Act 2005in relation to mentally disordered persons; to amend section 40 of the Mental Capacity Act 2005; and for connected purposes. |
|---|---|
| Citation | 2007 c 12 |
| Introduced by | Lord Warner,theDepartment of Healthand theHome Office.[2] |
| Dates | |
| Royal assent | 19 July 2007 |
| History of passage through Parliament | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
TheMental Health Act 2007(c 12) is anActof theParliament of the United Kingdom.It amended theMental Health Act 1983and theMental Capacity Act 2005.It applies to people residing inEngland and Wales.[3]Most of the Act was implemented on 3 November 2008.[4]
It introduced significant changes which included:
- Introduction ofSupervised Community Treatment,including Community Treatment Orders (CTOs). This new power replaces supervised discharge with a power to return the patient to hospital, where the person may be forcibly medicated, if the medication regime is not being complied with in the community.
- Redefining professional roles: broadening the range ofmental health professionalswho can be responsible for the treatment of patients without their consent.
- Creating the role of approved clinician, which is a registered healthcare professional (social worker, nurse, psychologist or occupational therapist) approved by the appropriate authority to act for purposes of the Mental Health Act 1983 (as amended).
- Replacing the role ofapproved social workerby the role ofapproved mental health professional;the person fulfilling this role need not be a social worker.[5]
- Nearest relative:making it possible for some patients to appoint acivil partneras nearest relative.
- Definition of mental disorder: introduce a new definition ofmental disorderthroughout the Act, abolishing previous categories
- Criteria forInvoluntary commitment:introduce a requirement that someone cannot be detained for treatment unlessappropriate treatmentis available and remove thetreatabilitytest.
- Mental Health Tribunal(MHT): improve patient safeguards by taking an order-making power which will allow the current time limit to be varied and for automatic referral by hospital managers to the MHT.
- Introduction of independent mental healthadvocates(IMHAs) for 'qualifying patients'.
- Electroconvulsive Therapymay not be given to a patient who has capacity to refuse consent to it, and may only be given to an incapacitated patient where it does not conflict with any advance directive, decision of a donee or deputy or decision of the Court of Protection.[4][6]
Controversy[edit]
During the Act's development, there were concerns expressed that the changes proposed by the Mental Health Bill were draconian. As a result, the government was forced in 2006 to abandon their original plans to introduce the Bill outright and had to amend the 1983 Act instead.[7]Despite this concession, the Bill was still defeated a number of times in theHouse of Lords,[8]prior to its receiving Royal Assent.
As of 2010[update],theGreen Partysupported a reform of the Mental Health Act in order to removetransgenderpeople from the Psychiatric Disorder Register, which they view as discriminatory.[9]
InLabour's2024Manifesto,they stated that the "Mental Health Actdiscriminatesagainst Black people who are much more likely to bedetainedthan others, "and that they will" modernise legislation to give patients greater choice, autonomy, enhanced rights and support, and ensure everyone is treated with dignity and respect throughout treatment. "[10]
See also[edit]
- Principles for the Protection of Persons with Mental Illnessadopted by the United Nations General Assembly
References[edit]
- ^The citation of this Act by thisshort titleis authorised bysection 59of this Act.
- ^"Bills and Legislation - Mental Health Bill 2006-07".Parliament.uk.Retrieved1 April2015.
- ^InScotland,these matters are covered by theMental Health (Care and Treatment) (Scotland) Act 2003and inNorthern Ireland,by Mental Health (Northern Ireland) Order 1986, which has been amended byThe Mental Health (Amendment) (Northern Ireland) Order 2004.
- ^abMental Health Act 2007: key documentsfrom Department of Health website. accessed 14 November 2008
- ^"Approved Mental Health Professional replaces Approved Social Worker".23 December 2008.Retrieved23 February2015.
- ^Mental Health Act 2007Accessed 14 November 2008
- ^"Mental Health Bill 'to be axed'".BBC News. 23 March 2006.Retrieved15 December2008.
- ^"Ministers lose mental health vote".BBC News. 19 February 2007.Retrieved15 December2008.
- ^"Greens to launch LGBT general election manifesto".Green Party. 24 February 2010.Retrieved1 April2015.
- ^"Build an NHS fit for the future".The Labour Party.Retrieved14 June2024.
External links[edit]
- CSIP Implementing the amended Mental Health Actfrom NIMHE
- Mental Health Act 1983 from WikiMentalHealthShows how the 2007 Act has updated the 1983 Act.
- Select Committee on the Mental Capacity Act 2005 - Report,post-legislative scrutiny ( parliament.uk)
- The Mental Health Act 1983, amended in 2007Overview for mental health service users and their families.
- Institute of Mental Health Act Practitioners
- https:// rcpsych.ac.uk/pdf/Applying%20for%20Approved%20Clinician%20Approval.pdfArchived12 March 2013 at theWayback Machine