Informing Patients of their Rights under Section 132

Size: px
Start display at page:

Download "Informing Patients of their Rights under Section 132"

Transcription

1 Policy: I9 Informing Patients of their Rights under Section 132 Version: I9/05 Ratified by: Trust Management Team Date ratified: 12 June 2013 Title of Author: MHA Office / Health Records Manager Title of responsible Director Director of Nursing and Patient Experience Governance Committee Patient Safety and Safeguarding Committee Date issued: h 13 June 2013 Review date: June 2016 Target audience: Clinical staff, MHA Office staff, Managers NHSLA relevant? NO Disclosure Status B Can be disclosed to patients and the public EIA / Sustainability Implementation Plan G:\Broadmoor Monitoring Plan G:\Broadmoor Appended below Other Related Procedure or Documents: West London Mental Health NHS Trust Page 1 of 21

2 Equality & Diversity statement The Trust strives to ensure its policies are accessible, appropriate and inclusive for all. Therefore all policies will be required to undergo an Equality Impact Assessment and will only be approved once this process has been completed Sustainable Development Statement The Trust aims to ensure its policies consider and minimise the sustainable development impacts of its activities. All policies are therefore required to undergo a Sustainable Development Impact Assessment to ensure that the financial, environmental and social implications have been considered. Policies will only be approved once this process has been completed West London Mental Health NHS Trust Page 2 of 21

3 I9 Informing Patients of their rights under section 132 Version Control Sheet Version Date Title of Author Status Comment I9/01 May 07 MHA Office / New Policy Health Records Manager I9/02 Nov 07 MHA Office / Health Records Manager Trust-wide consultation Incorporating changes to the Mental Health I9/03 Jan 09 MHA Office / Health Records Manager I9/ MHA Office / Health Records Manager I9/05 April 13 MHA Office / Health Records Manager Revised policy issued 23/1/09 Revised Policy Issued Review of policy Act Revised policy approved by Jan 09 CSSG Improved compliance with NHSLA standards. Revised Policy approved by Trust Policy Review Group following Trust-wide consultation 20 th July 2010 Minimal change. Set in new Trust format. Approved West London Mental Health NHS Trust Page 3 of 21

4 Content Page 1. Introduction (includes purpose) 5 2. Scope 5 3. Definitions Duties Chief Executive Accountable Director Managers Specific Staff for Policy All Staff 6 5. Information Given to Detained and CTO Patients 7 6. Information Given to Informal In-patients 9 7. Voting Rights 9 8. When and How Information will be Given 9 9. Recording the Giving of Patients Rights Information Use of Interpreters Special Needs / Learning Disability Advocacy Service, Patient Advice & Liaison Service & Other Agencies Information Given to the Patient s Nearest Relative Training Monitoring References Supporting documents Glossary of Terms/Acronyms Appendices Section 132 form Patients Section 132 Rights Informing Patients of their rights under section 132 MHA Monitoring Template 20 West London Mental Health NHS Trust Page 4 of 21

5 1. INTRODUCTION 1.1 The policy sets out the Trust s statutory duty to take all practicable steps to ensure all detained and Community Treatment Order (CTO) patients are given both general and specific information as required under Section 132 and 132A of the Mental Health Act 1983 (MHA) (as amended by the Mental Health Act 2007). If the patient consents, information will also be given to the patient s Nearest Relative as required by Section 133 of the MHA. 1.2 Patients have a statutory right to be informed about the section of the MHA under which they are detained (or are subject to) and the effect of the provisions of that section. Patients have specific statutory rights under the MHA. It is good practice for patients to be kept as fully informed about and involved in their care plan and this includes all statutory matters that have a bearing on their care and rehabilitation within the Trust and upon discharge from detention or CTO. 1.3 Statutory information must be given to each patient in a language and manner that best enables the patient to understand it. When there is concern about the patient s ability to understand the information, further attempts must be made to give the information. 1.4 This policy outlines what information will be given to patients and relatives, by whom, in what manner and at what intervals of time. The policy draws upon the guidance in Chapter 2 of the MHA Code of Practice A copy of the Code can be found on the MHA page of the Exchange, the Trust intranet. 2. SCOPE 2.1 This policy covers all detained patients within the Trust. This includes detained patients in hospital, the patients on Community Treatment Orders and those on leave (MHA section 17). Patients who were initially detained under the MHA but have since been discharged from their section also fall within this policy as they must be informed of the change of legal status. 3. DEFINITIONS 3.1 Detained Patient: The MHA uses patient to mean a person who is, or appears to be, suffering from mental disorder. In most Trust policies the term service user or client is preferred. In this policy the wording of the MHA will be replicated, thus the term patient is used. A detained patient is a patient who is subject to some form of compulsory detention under the MHA. This may be in hospital or the community and may be under the MHA or one of the insanity Acts (less frequently used). The patient has a right to appeal against detention. 3.2 Informal Patient: A patient who is in hospital on a voluntary (informal) basis and has the right to leave hospital at any time. 3.3 COMMUNITY TREATMENT ORDER (or CTO) Patient: The patient is subject to compulsory powers of the MHA whilst living in the community (whilst on a Community Treatment Order). The CTO has to be renewed at regular intervals and the patient has the right to appeal against this order. West London Mental Health NHS Trust Page 5 of 21

6 3.4 Nearest Relative: The person who fulfils the role of a patient s Nearest Relative is defined in section 26 of the MHA. The Nearest Relative has certain powers and rights under the MHA. This includes the right to certain statutory information (unless the patient requests otherwise). 3.5 Mental Health Tribunal: This is an independent legal body which will hear applications from patients (and in some cases, Nearest Relatives) against detention under the MHA, including Community Treatment Orders. It can discharge patients from detention under the MHA or make recommendations. 4. DUTIES 4.1 Chief Executive The Chief Executive is responsible for ensuring that the Trust has policies in place and complies with its legal and regulatory obligations. 4.2 Accountable Director The accountable director is responsible for the development of relevant policies and to ensure they comply with NHSLA standards and criteria where applicable. They must also contain all the relevant details and processes as per P3. They are also responsible for trust-wide implementation and compliance with the policy. The accountable director for this policy is the Director of Nursing and Patient Experience. 4.3 Managers Managers are responsible for ensuring policies are communicated to their teams / staff. They are responsible for ensuring staff attend relevant training and adhere to the policy detail. They are also responsible for ensuring policies applicable to their services are implemented. 4.4 Policy Author The Policy Author is responsible for the development or review of a policy as well as ensuring the implementation and monitoring is communicated effectively throughout the Trust via Clinical Service Unit / Directorate leads and that monitoring arrangements are robust. 4.5 Local Policy Leads Local policy leads are responsible for ensuring policies are communicated and implemented within their CSU / Directorate as well as co-ordinating and systematically filing monitoring reports. Areas of poor performance should be raised at the CSU / Directorate Senior Management Team meetings and the local MHA Groups. 4.6 Specific Staff for Policy The Hospital Managers (defined in s.145, MHA) must ensure detained patients, CTO patients and, where appropriate, nearest relatives are provided with information regarding their rights under the Act. The duty of the Hospital Managers is enacted through the Trust Board The Trust Board delegates specific responsibilities under the MHA to Officers of the Trust (as documented in Board paper Mental Health Act Managers Annual Report to the Board 2008/09, ratified in October 2009). West London Mental Health NHS Trust Page 6 of 21

7 4.7 MHA Administrators The MHA Administrators in the site MHA Offices have responsibilities to ensure that written information is given to detained and CTO patients, particularly on admission. This must be documented in the patient s paper health record (if there is one) and on the electronic patient record, RiO. 4.8 All Staff Clinical team members have responsibilities to ensure that written and oral information is given to all patients immediately following detention under the Act and at regular intervals thereafter. This staff group includes Responsible Clinicians, Approved Clinicians in charge of treatment, Approved Mental Health Professionals, Social Workers, Primary Nurses and Care Co-ordinators. Other team members and support staff may also provide this information Trust staff must keep written records of what information is given to the patient and his/her nearest relative. This will be in the patient s health record and in the MHA Office Trust staff must give every assistance to patients to exercise their statutory rights. This will be achieved by responding to any questions that the patient may ask about their rights under the MHA, by offering assistance with the completion of application forms for hearings against detention and by helping the patient make contact with a solicitor, a Commissioner from the Care Quality Commission (CQC) or a general or specialist advocate (IMHA). 5. INFORMATION GIVEN TO DETAINED AND CTO PATIENTS 5.1 Specific information, as outlined in paragraph 5.2 below, will be given to each patient as part of the admissions process. It is necessary to ensure that the patient understands their legal rights. Information will also be given about other matters which are not strictly patients rights information but is nevertheless important to provide at the earliest opportunity (e.g. welfare and financial arrangements, information about any on-going legal proceedings, how to request access to records). Sometimes the giving of information on admission is not possible due to the patient s disturbed state (see paragraph 8.5 below) and further attempts must be planned, documented and followed through. 5.2 Sections 132 and 132A provide that information must be given to detained and CTO patients verbally and in writing. The MHA Code of Practice (chapter 2) recommends that the following information is given: The section of the Act that authorises their detention in hospital or compulsion in the community and the effects of that section, including the maximum period the section can last for. A copy of his/her detention or community treatment order document/s including any subsequent renewals, extensions or change in statutory circumstances. West London Mental Health NHS Trust Page 7 of 21

8 A patient s right to access legal representation under the legal aid scheme (a list of solicitors qualified for MHA work is available on the ward or from the MHA Administrator). A patient s right to appeal against further detention or CTO to the Hospital Managers and/or the Mental Health Tribunal (MHT). The Hospital Managers/Secretary of State s duty to refer certain cases to the MHT. The patient s nearest relative s right to apply to the Hospital Managers and/or the MHT for the patient s discharge from detention or CTO. The Trust complaints process. The role of the CQC and how a patient may complain to the Commission. Patients must be informed about a planned ward visit by a Commissioner and their right to talk to the Commissioner in private. A patient information leaflet about the role of the Care Quality Commission is available on the MHA page of the Exchange. The role of the Independent Mental Health Advocate (IMHA) and how to contact this service These points are covered in the Department of Health statutory information leaflets which must be given to patients on admission. Additional copies of the leaflets can be obtained from the site MHA Office. Refer to paragraph 8 of this policy regarding documenting the process of giving of this statutory information. 5.3 The Trust has the additional responsibility under Section 132(2) to take all practicable steps to ensure that the patient understands the following: The powers of the Responsible Clinician (RC), the Hospital Managers and Nearest Relative in relation to discharging him/her from section (Sections 23, 25 and 66(1)(g) ). The right to information regarding the likely effects of treatment and the ongoing right to give or withhold consent to part or all of their treatment at any time during detention. The circumstances where treatment may be given without consent, subject to the second opinion process and other safeguards (Part 4 and 4A Act). This will be documented in the progress notes in the patient s paper or electronic file. The CQC monitor compliance when they inspect statutory documentation and patient health records. How to access to the MHA Code of Practice which offers guidance on best practice and provision of services in relation to compulsory admission to hospital and CTO. Every ward/unit must have a copy of the Code of Practice. The powers available to the Secretary of State and the CQC to safeguard patients rights under the Act. West London Mental Health NHS Trust Page 8 of 21

9 The powers under Section 134 to restrict outgoing mail in certain circumstances and incoming mail in high secure hospitals only (refer to the Trust Mail Policy M6). The CQC monitors the withholding of patients mail. 6 INFORMATION GIVEN TO INFORMAL IN-PATIENTS 6.1 Though Section 132 is specific to detained and CTO patients, more general information regarding rights must also be given to informal patients so that if they wish to leave hospital, this is discussed with their Consultant Psychiatrist and other clinical team members in order that appropriate arrangements are put in place for their discharge from hospital. This must be documented in the patient s health record. 6.2 It is important that information is immediately given to patients when their status is changed from detained or CTO to informal status. This must happen whether the change in status is planned or not, for example, if detention papers are found to be invalid or a section inadvertently lapses. This will be recorded in the paper healthcare file and on RiO. In Broadmoor Hospital there is an Informal Patient Policy (I3) which must be followed. This can be found on the Exchange. 7. VOTING RIGHTS 7.1 Changes in the law introduced in the Representation of the People Act 2000 reflect the widened voting rights of detained patients. There are still voting restrictions on patients who are detained under Part 3 of the MHA (patients concerned in criminal proceedings or under sentence). 7.2 The Trust staff will give information about voting rights to patients and assist them in the exercise of this right when possible (e.g. through Section 17 leave or guidance on postal votes). The Managers / Administrators in the MHA Offices must provide guidance to Trust staff and can do this by raising the matter through the CSU Mental Health Act groups (or an equivalent forum). 8. WHEN AND HOW INFORMATION WILL BE GIVEN 8.1 Each CSU must have in place local procedures to ensure that the correct information is given to the patient on or soon after admission or commencement on CTO. The hospital MHA Administrator will ensure that suitable arrangements are in place to support the local procedures. Information will be given by an experienced member of staff which may be the RC, Nurse in Charge, MHA Administrator or other appropriate professional. Completion of the forms in Appendix I and 2 and the patient RiO record will demonstrate compliance with this policy requirement. 8.2 Information must be provided orally and in writing and documented as above. 8.3 The allocated nurse/other professional should provide this information at a suitable time in a private area/room and in a quiet and helpful manner. Information should be given in advance of the event to which it relates (for example, explaining to the patient how a Managers Hearing can be requested and how it is conducted). The information needs to be given at a time when the patient is most likely to be able to understand it. This is particularly important if a patient s mental capacity fluctuates, often as a result of the mental disorder. (See the Mental Capacity Policy, M9) West London Mental Health NHS Trust Page 9 of 21

10 8.4 The allocated nurse/other professional will explain again any points that the patient may not have understood and, once a verbal explanation has been given, hand the patient the appropriate rights leaflet and any other useful information. 8.5 Sometimes it may not be possible to read the patient s rights at the time of admission or recall from CTO. If for example, the patient is disturbed and would be unable to understand the information being given, an attempt should be deferred until the patient is calmer and thinking more clearly. This will be recorded on the Trust forms (Appendix 1 or 2) and in the patient s health record. 8.6 Re-Reading Of Patients Rights It is good practice to re-read a patient s rights at any time and a record should be made of each occasion (see Appendix 2). Re-reading of patients rights should occur at least six-monthly and more frequently in acute services. Periodic re-reading establishes a continued understanding by the patient of their rights. Rights should always be re-read if a patient has not understood their rights. They must also be reread each time consent for treatment is sought or there is a change of detention status under the MHA For patients detained under Section 3 who have not appealed 3 months after the commencement of the Section, the allocated nurse or other professional should remind them of the right to appeal against detention and record this in the patient record. 9. RECORDING THE GIVING OF PATIENTS RIGHTS INFORMATION 9.1 A record that the patient s rights have been given will be made on The Section 132 Form in use at Broadmoor Hospital (Appendix 1) or Patients Rights Monitoring Form, London sites (Appendix 2) 9.2 The form will be kept in the patient s ward or community file (in the MDT legal file if there is one). A copy of the Patient s Rights Monitoring form must be sent to the MHA Administrator. The provision of patients rights information can also be recorded by the MHA Administrators on the MHA screen of RiO, the patient electronic record. 10. USE OF INTERPRETERS 10.1 If a patient is prevented from understanding by a language barrier, the Trust will obtain the services of a professional interpreting or translating service. This can be done by contacting the Patient Services Department (London sites) or the Security Department in Broadmoor Hospital Interpreters may be sought to: Assist in explaining a patient s rights and other specific information about detention Attend a Hospital Managers or Tribunal hearing Other occasions as necessary 10.3 Statutory leaflets in many other languages and formats (e.g. Braille) are available from the MHA Administrator and should be requested by nursing staff for patients who West London Mental Health NHS Trust Page 10 of 21

11 need them. The patient s first language must be recorded in the ward file and on the Trust patient database. 11. SPECIAL NEEDS / LEARNING DISABILITY 11.1 It is accepted that staff may have difficulty in achieving a level of understanding in a patient who has a learning disability. It is important therefore to ascertain the patient s level of capacity in order to be able to provide information in a suitable manner. In addition, the involvement of an advocate/other independent professional may be helpful. (Refer to Trust Mental Capacity Policy, M9) 11.2 Every effort must be made to help an incapable patient that might wish to do so to apply to a Tribunal for discharge. This is particularly relevant to Section 2 where there is no automatic referral by the Hospital Managers. The Responsible Clinician may wish to consider requesting the Secretary of State for Health to refer the case to the Tribunal. (This advice stems from the Court of Appeal case MH v Health Secretary [2005] UKHL60). The MHA Office can provide further advice on this process. 12. ADVOCACY SERVICE, PATIENT ADVICE & LIASION SERVICE (PALS) & OTHER AGENCIES 12.1 As part of the reading of rights, the allocated nurse will also inform patients of the local Advocacy Service, the Trust Patient Advice & Liaison Service and the Independent Mental Health Advocate service Advocates may attend patient appeal hearings (against detention) at the patient s request or, where the patient is not capable of making this decision, at staff s request Leaflets about the availability of the advocacy services and other such support organisations must be readily available to patients on the wards and from the MHA Office Regard must be given to patient confidentiality if the patient is able to give informed consent. Unless consent is given by the patient, no clinical information will be given to an advocate or any other person. If the patient cannot give informed consent, staff may act in the patient s best interests. Guidance on the role of IMHAs can be found in the MHA Code of Practice, Chapter 20. The Department of Health has also issued guidance on the sharing of patients records with IMHAs: Independent Mental Health Advocates, Supplementary guidance on access to patient records under section 130B of the MHA 1983 (on Department of Health website). 13. INFORMATION GIVEN TO THE PATIENT S NEAREST RELATIVE 13.1 Upon admission under the MHA, unless the patient objects, the nearest relative will be informed of the patient s detention and be sent the relevant section information leaflet by the MHA Administrator Under Section 133 of the MHA, unless the patient objects, the Trust has a duty to inform the nearest relative of a patient s discharge from Section and this will normally be done by the MHA Administrator. Unless the nearest relative requests not to be West London Mental Health NHS Trust Page 11 of 21

12 informed, they may also be given by the ward team, details of any care that will be provided once discharged from hospital If the patient objects to information regarding their detention or other statutory information being sent to their nearest relative then this must be indicated on the Patient s Rights Monitoring Form or communicated directly to the MHA Administrator. 14. TRAINING 14.1 The MHA Code of Practice requires staff members who are responsible for giving information to patients to receive sufficient training and guidance. The Trust will include Section 132 training in the Trust induction /refresher training on Mental health law. The training will be delivered in line with the training matrix as outlined in the mandatory training policy Compliance with training will be monitored in regular management supervision. M12 Mandatory Training Policy will be followed for staff who persistently fail to attend training. 15. MONITORING 15.1 Local ward or unit audits of compliance with Section 132 should take place at regular intervals and findings should be reported to the Clinical Audit Team and Clinical Improvement Groups. An annual Trust-wide audit will be carried out as part of the Clinical Governance framework. The audit findings will be reported to the CSUs and action plans will be prepared to address points of concern. The CSU Director must ensure the action plans are completed. Refer also to the embedded monitoring template on page 1 of the policy. 16. REFERENCES (EXTERNAL DOCUMENTS) This policy should be read in conjunction with the following: Mental Health Act 1983 (as amended by the MHA 2007). Mental Health Act Code of Practice 2008, Chapter 2 (on the Exchange) Mental Health Act Reference Guide 2008 (on the Exchange) Human Rights Act 1998, Article 5(2) (being informed of reasons for detention) and Article 5(4) (timely court/mhrt proceedings) Mental Health Act Manual 15 th Edition, 2012 (R Jones, Sweet and Maxwell) Care Quality Commission leaflet for detained patients (on the Exchange) MIND - Leaflets about patients rights under the Mental Health Act 17. SUPPORTING DOCUMENTS (TRUST DOCUMENTS) WLMHT Policy C7 Consent to Examination or Treatment West London Mental Health NHS Trust Page 12 of 21

13 WLMHT Policy E1 Electro-convulsive Therapy WLMHT Policy D5 Confidentiality and Data Protection WLMHT Policy C19 Copying Letters to Patients WLMHT Policy I3 Informal Patient Policy (Broadmoor Specific) WLMHT Policy C2 Care Programme Approach WLMHT Policy C1 Management of Complaints, Concerns, Compliments & Suggestions WLMHT Policy M6 Patients Mail and Postal Packages (Broadmoor Specific) WLMHT Policy S24 Community Treatment Order WLMHT Policy M9 Mental Capacity Act WLMHT Policy M12 Mandatory Training 18. GLOSSARY OF TERMS /ACRONYMS MHA MCA CTO RC AMHP IMHA NR CSU CQC MHT NHSLA Mental Health Act Mental Capacity Act Community Treatment Order Responsible Clinician Approved Mental Health Professional Independent Mental Health Advocate Nearest Relative Clinical Service Unit Care Quality Commission Mental Health Tribunal National Health Service Litigation Authority 19. APPENDICES. Appendix 1 Section 132 Form (Broadmoor Hospital) Appendix 2 Patients Rights Monitoring Form West London Mental Health NHS Trust Page 13 of 21

14 Appendix 1 SECTION 132 FORM Record of statutory information given to a detained patient or on Supervised community treatment as required by Section 132 of the Mental Health Act 1983 Surname: Forename: Hospital No: RIO No: NHS No: Ward: MHA Section: Date Type of Information (See categories on reverse) Given in Writing (W) Verbally (V) Given by (Print name & profession) Level of Understanding 1) Good 2) Fairly Good 3) Poor * 4) Not at all * (Add any relevant comments) *PLEASE STATE REVIEW DATE IF THE PATIENT S LEVEL OF UNDERSTANDING IS POOR / NOT AT ALL Date: Date: Revised June 2011 printshop ref: M149 Date:.. Date: File in MDT legal file West London Mental Health NHS Trust Page 14 of 21

15 RECORD OF INFORMATION GIVEN TO PATIENTS UNDER SECTION 132 Notes to assist the completion of the Section 132 form Section 132 of the MHA 1983 requires specific information to be given to all detained patients. Informal patients should also be given relevant information about their rights to leave hospital. The Code of Practice (2008), chapter 2 provides guidance to practitioners. Note also the Trust Policy I9, Informing detained patients of their rights under Section 132. Informing patients of their rights consists of two main tasks. The first is to provide the information both in writing and orally, the second is to be satisfied that the patient understands the information. This information will include:- a) The section and the provisions of the section under which the patient is detained. b) Any changes to the section. c) How to seek discharge (relevant to the patient s section). d) MHT rights including the MHA Managers & Ministry of Justice referrals of patients to the Tribunal e) Appeal to MHA Managers for discharge. f) Information about renewal of detention. g) Consent to Treatment - Information and rights. h) Role of the Care Quality Commission. i) Transfer/Discharge information. j) The hospital s complaints policy. k) Right to legal representation. l) Nearest Relative - function and powers. m) Advocacy services. n) Monitoring of patient mail in a High Secure Hospital. o) Access to health records. p) IMHA (Independent Mental Health Advocate) It is important to record the giving of information and the patient s level of understanding at the time. The information should be repeated at suitable intervals and the level of understanding checked. Information can be given to the patient in writing or verbally by any member of the clinical team and should be recorded on the form. If a full record of any interview is made in the patient s health records, it is sufficient to make reference to this note, identifying its placement and date. If written statutory information is sent from the MHA Office or Patient Services Department, again this should be noted on the form when it is given to the patient by a member of the clinical team. The giving of information (specific to the individual and general) is a statutory function and will be monitored by the Hospital Mental Health Act Managers and the Care Quality Commission. West London Mental Health NHS Trust Page 15 of 21

16 Appendix 2 St Bernard s Hospital, Uxbridge Road, Southall, Middlesex, UB1 3EU PATIENT S SECTION 132 RIGHTS It is important that detained patients are made aware of their rights, and if the patient does not understand English please ensure and Interpreter is arranged to visit the ward to read the patient their 132 Rights. A record is kept in case notes and on RiO when detained patients are informed of their rights at key stages in their detention period that is when: A New Section begins Just before the period of treatment without consent expire: Three months have passed since the patient was first given medication They have gained capacity to consent to treatment When a Section is renewed When a patient is transferred from another area or from another hospital When the patient is considering applying to the Tribunal/Hospital Managers The patient requests the hospital managers to consider discharging them Warrant recalling patient At regular intervals as a matter of good practice I would be grateful if the patient could be informed of their rights at some point during the next seven days, and a Section 132 Form completed to records that this has been done. The completed form must be forwarded to the Mental Health Act Office, and a clear copy retained in the patient s case notes. West London Mental Health NHS Trust Page 16 of 21

17 St. Bernard s Hospital SECTION 132 INFORMING PATIENT OF THEIR RIGHTS UNDER THE MENTAL HEALTH ACT 1983 Patient Name:.. Date of Birth: Section Ward:.. RiO Number NHS No. Responsible Clinician: Named Nurse:. The patient has indicated that s/he 1) understands or 2) does not understand (please circle one that applies) - Did they require an interpreter yes/no If patient does not understand please state the reason:-.. Please record repeated efforts below: First repeat date:.understood Second repeat date:.understood Third repeat date:...understood Yes / No Yes / No Yes / No Would the patient like to see a representative from the Independent Mental Health Advocacy (IMHA) Service? This is in addition to any legal representative they may wish to have. Yes / No (This section does not apply to anyone detained on a Section 4, Section 5(4) Section 5(2) Section 135 or Section 136) Does the patient wish their nearest relative to be informed of this admission Is there anyone else they would like to have informed of their admission if yes please give name and address: Yes / No Yes / No Name: Relationship Address: Post Code:... Is the patient s nearest relative not known ( ) Is the patient s nearest relative not communicating: ( ) I hereby confirm that the above patient was and has been informed of his/her legal Rights as defined by Section 132 of the Mental Health Act 1983 both written and verbal communication. Name of Nurse : date/time Rights (PRINT NAME IN BLOCK CAPITALS) I can confirm that I have been informed of and understand my rights under the Mental Health Act Signature of Patient.. Date:. Please send this completed form to the Mental Health Act Office. A clear copy should be placed in case notes and entry made in RiO. A new form should be completed if a new section is implemented or following transfer from another hospital another ward or at the renewal of a section. West London Mental Health NHS Trust Page 17 of 21

18 continued/. SECTION 132 PATIENTS RIGHTS NOTES TO ASSIST THE COMPLETION OF THE SECTION 132 PATIENTS RIGHTS Section 132 Patients Rights of the Mental Health Act requires specific information to be given to all detained patients. Informal patients should also be given relevant information about their rights to leave hospital. The Code of Practice (CoP) 2008) provides guidance to practitioners. Note also the Trust Policy 19, informing detained patients of their rights under Section 132. Informing patients of their rights consists of two main tasks. The first is to provide the information both in writing and orally, the second is to be satisfied that the patient understands the information. THIS INFORMATION WILL INCLUDE: a. the section and the provisions of the section under which the patient is detained b. any changes to the section i.e. from section 2 to section 3 c. how to seek discharge - relevant to the patient s section d. the Mental Health Tribunal rights including the Mental Health Managers Ministry of Justice referrals of patient s to the Tribunal e. appeals to the Mental Health Managers for discharge f. information about Renewal of detention g. consent to treatment information and the patients 132 rights h. role of the Care Quality Commission i. transfer/discharge information j. the hospital s complaint s policy k. right to legal representation l. nearest relative function and their powers m. Independent Mental Health Advocacy (IMHA) n. access to health records It is important to record the giving of information and the patient s level of understanding at the time. The information should be repeated at suitable intervals and the level of understanding checked. Information can be given to the patient in writing or verbally by any member of the Clinical Team and should be recorded on the Form/RiO. If a full record of any interview is made in the patient s health records, it is sufficient to make reference to this note, identifying its placement and date. If written statutory information is sent from the Mental Heath Act Office or Patient Services Department, again this should be noted on the Form when it is given to the patient by a member of West London Mental Health NHS Trust Page 18 of 21

19 the Clinical Team. The giving of information (specific to the individual and general) is a statutory function and will be monitored by the Hospital Managers and the Care Quality Commission. West London Mental Health NHS Trust Page 19 of 21

20 Appendix 3 Informing Patients of Their Rights under Section 132 of the MHA Flowchart Person is in the community Person is admitted to hospital INFORMALLY (not under MHA) Consultant and clinical team to ensure patient understands Informal status Person recalled to hospital or admitted from prison Status change from informal to FORMAL or New Admission under MHA Primary Nurse /clinical team members to provide patient with s.132 information MHA office to check above Patient does not understand s.132 rights information PN / other CT members to re-read s.132 information Patient given rights information at regular intervals and also when specific events occur eg section change, New CTO, renewal, tribunal, ward change etc All members of CT RC Part 4 MHA (treatment, consents) Make record of s.132 actions in RiO and case-notes Patient discharged from MHA and remains in hospital informally (back to top box) MHA Administrators and CSU Directors to monitor process and undertake audits. West London Mental Health NHS Trust Page 20 of 21

21 POLICY / PROCEDURE: I9, Informing Patients of their Rights under Section 132 MONITORING TEMPLATE Minimum Requirement to be Monitored WHO (which staff / team / dept) HOW MONITORED (Audit / process / report / scorecard) - list details HOW MANY RECORDS (No of records / % records) FREQUENCY (monthly / quarterly / annual) REVIEW GROUP (which meeting / committee) OUTCOME OF REVIEW / ACTION TAKEN (Action plan / escalate to higher meeting) Ward audit using Patient Safety Audit Form Clinical Nurse Manager / Ward Manager Trust Audit Tool All in-patient records Monthly CSU audit group Reviewed at Trust level by Clinical Effectiveness and Compliance Committee Section 132 information given to new detained patients CSU MHA Administrators s.132 form All detained inpatient records completed and entry on RiO Following each new admission under MHA MHA Administration to provide report to CSU MHA group (or equivalent) Action plan drawn up if report is not satisfactory Regular re-provision of s.132 information CSU clincal audit team Audit process Recommend 25% of detained patient records Annual CSU audit group SMT to approve audit and endorse action plan following audit Relevant staff to complete Trust mental health law training (specified in Mandatory training matrix) Human Resources CSU and Trust mandatory training scorecard All relevant staff Monthly SMT of each CSU Training needs reviewed and managed by Head of Learning and Development West London Mental Health NHS Trust Page 21 of 21

Section 132 of the Mental Health Act 1983 Procedure for Informing Detained Patients of their Legal Rights

Section 132 of the Mental Health Act 1983 Procedure for Informing Detained Patients of their Legal Rights Section 132 of the Mental Health Act 1983 Procedure for Informing Detained Patients of their Legal Rights DOCUMENT CONTROL: Version: 11 Ratified by: Mental Health Legislation Sub Committee Date ratified:

More information

POLICY FOR THE IMPLEMENTATION OF SECTION 132 OF THE MENTAL HEALTH ACT (MHA) 1983 AS AMENDED BY THE MHA 2007:

POLICY FOR THE IMPLEMENTATION OF SECTION 132 OF THE MENTAL HEALTH ACT (MHA) 1983 AS AMENDED BY THE MHA 2007: POLICY FOR THE IMPLEMENTATION OF SECTION 132 OF THE MENTAL HEALTH ACT (MHA) 1983 AS AMENDED BY THE MHA 2007: PROVISION OF INFORMATION TO DETAINED PATIENTS Document Author Written By: Lead for Mental Health

More information

Policy: I3 Informal Patients

Policy: I3 Informal Patients Policy: I3 Informal Patients Version: I3/05 Ratified by: High Secure Senior Management Team Date ratified: 25 th April 2013 Title of Author: Executive Director of High Secure Services Title of responsible

More information

Policy: L5. Patients Leave Policy (non Broadmoor) Version: L5/01. Date ratified: 8 th August 2012 Title of originator/author:

Policy: L5. Patients Leave Policy (non Broadmoor) Version: L5/01. Date ratified: 8 th August 2012 Title of originator/author: Policy: L5 Patients Leave Policy (non Broadmoor) Version: L5/01 Ratified by: Policy Review Group Date ratified: 8 th August 2012 Title of originator/author: Consultation Psychiatrist Title of responsible

More information

Reports Protocol for Mental Health Hearings and Tribunals

Reports Protocol for Mental Health Hearings and Tribunals Reports Protocol for Mental Health Hearings and Tribunals Reports Protocol for Mental Health Hearings and Tribunals Document Type Clinical Protocol Unique Identifier CL-037 Document Purpose This policy

More information

Title. Title: Section 132, 132A & 133 Provision of Information to detained patients & Nearest Relatives

Title. Title: Section 132, 132A & 133 Provision of Information to detained patients & Nearest Relatives Policy Document Control Page Title Title: Section 132, 132A & 133 Provision of Information to detained patients & Nearest Relatives Version: 4 Reference Number: CL36 Keywords: (please enter tags/words

More information

West London Forensic Services Handcuffs Policy

West London Forensic Services Handcuffs Policy Policy: H5SF West London Forensic Services Handcuffs Policy Version: H5SF / V01 Ratified by: Trust Management Team Date ratified: 11 th September 2013 Title of Author: Head of Women s Forensic Services

More information

Mental Health Act SECTION 132 Procedural Document

Mental Health Act SECTION 132 Procedural Document Mental Health Act SECTION 132 Procedural Document Statement/Key Objectives: This document covers the procedural requirements of Section 132 of the Mental Health Act 1983 to be followed by staff. It is

More information

Consent to Examination or Treatment Policy

Consent to Examination or Treatment Policy Policy: C7 Consent to Examination or Treatment Policy Version: C7/08 Ratified by: Trust Management Team Date ratified: 11 March 2015 Title of Author: Title of responsible Director Governance Committee

More information

Mental Health Act 1983 Section 132, 132A, 133 and 134 Hospital Managers Information Policy Version No 1.7 Review: July 2019

Mental Health Act 1983 Section 132, 132A, 133 and 134 Hospital Managers Information Policy Version No 1.7 Review: July 2019 Livewell Southwest Mental Health Act 1983 Section 132, 132A, 133 and 134 Hospital Managers Information Policy Version No 1.7 Review: July 2019 Notice to staff using a paper copy of this guidance The policies

More information

Mental Health Act Policy. Board library reference Document author Assured by Review cycle. Introduction Purpose or aim Scope...

Mental Health Act Policy. Board library reference Document author Assured by Review cycle. Introduction Purpose or aim Scope... Mental Health Act Policy Board library reference Document author Assured by Review cycle P041 Associate Director of Governance, Quality and Regulatory Compliance Quality and Standards Committee 1 Year

More information

Hospital Managers Appeal and Renewal Hearings

Hospital Managers Appeal and Renewal Hearings Standard Operating Procedure 10 (SOP 10) Hospital Managers Appeal and Renewal Hearings Why we have a procedure? It is the Hospital Managers (Managers) who have the power to detain patients who have been

More information

Policy for the use of Leave under Section 17 of the Mental Health Act 1983 (as amended) Version: 9

Policy for the use of Leave under Section 17 of the Mental Health Act 1983 (as amended) Version: 9 SH CP 52 Policy for the use of Leave under Section 17 of the Mental Health Act 1983 (as amended) Version: 9 Summary: Keywords (minimum of 5): (To assist policy search engine) Target Audience: Policy for

More information

Supervised Community Treatment and Community Treatment Orders (S17(a)) Policy

Supervised Community Treatment and Community Treatment Orders (S17(a)) Policy Supervised Community Treatment and Community Treatment Orders (S17(a)) Policy SUPERVISED COMMUNITY TREATMENT AND COMMUNITY TREATMENT ORDERS (S17(A)) POLICY Document Type Policy Unique Identifier CL-010

More information

Policy: S24 Community Treatment Order Policy

Policy: S24 Community Treatment Order Policy Policy: S24 Community Treatment Order Policy Version: S24/05 Ratified by: Trust Management Team Date ratified: 13 th May 2015 Title of originator/author: Head of Mental Health Law & Clinical Records Title

More information

IMHA Support Project. Key Competencies Of An Effective IMHA Service. Action for Advocacy

IMHA Support Project. Key Competencies Of An Effective IMHA Service. Action for Advocacy IMHA Support Project Key Competencies Of Action for Advocacy This guidance is aimed at IMHAs, health and social care professionals, commissioners of IMHA services as well as regulators such as the Care

More information

SECTION 17 LEAVE POLICY MENTAL HEALTH ACT 1983

SECTION 17 LEAVE POLICY MENTAL HEALTH ACT 1983 SECTION 17 LEAVE POLICY MENTAL HEALTH ACT 1983 Version: 3 Ratified by: Senior Managers Operational Group Date ratified: July 2014 Title of originator/author: Mental Health Legal Strategies Lead Title of

More information

Policy Document Control Page

Policy Document Control Page Policy Document Control Page Title: Section 17 (Leave of Absence) Policy Version: 9 Reference Number: CL7 Supersedes Supersedes: Section 17 (Leave of Absence) Policy V8 Description of Amendment(s): Updated

More information

Section 19 Mental Health Act 1983 Regulations as to the transfer of patients

Section 19 Mental Health Act 1983 Regulations as to the transfer of patients Document level: Trustwide (TW) Code: MH9 Issue number: 4 Section 19 Mental Health Act 1983 Regulations as to the transfer of patients Lead executive Authors details Type of document Target audience Document

More information

COMMUNITY TREATMENT ORDER POLICY MENTAL HEALTH ACT 2007 SECTION 17A

COMMUNITY TREATMENT ORDER POLICY MENTAL HEALTH ACT 2007 SECTION 17A COMMUNITY TREATMENT ORDER POLICY MENTAL HEALTH ACT 2007 SECTION 17A Document Author Written By: MHA & MCA Lead Authorised Authorised By: Chief Executive Date: June 2017 Lead Director: Clinical Director,

More information

GUIDELINES ON SECTION 17 LEAVE OF ABSENCE MHA (1983)

GUIDELINES ON SECTION 17 LEAVE OF ABSENCE MHA (1983) GUIDELINES ON SECTION 17 LEAVE OF ABSENCE MHA (1983) Document Summary All in-patients detained under the Mental Health Act 1983 within Cumbria Partnership NHS Foundation Trust may only be granted Leave

More information

FREE Know your rights

FREE Know your rights FREE A guide to the easy read fact sheets for the Mental Health Act This newspaper is for patients, friends and families who want to know more about the Mental Health Act and their rights. In the newspaper

More information

Independent Mental Health Advocacy. Guidance for Commissioners

Independent Mental Health Advocacy. Guidance for Commissioners Independent Mental Health Advocacy Guidance for Commissioners DH INFORMATION READER BOX Policy HR / Workforce Management Planning / Performance Clinical Estates Commissioning IM&T Finance Social Care /

More information

Section 117 Policy The Mental Health Act 1983

Section 117 Policy The Mental Health Act 1983 Section 117 Policy The Mental Health Act 1983 [as amended by the Mental Health Act 2007] DOCUMENT CONTROL: Version: 1 Ratified by: Mental Health Legislation Committee Date ratified: 2 November 2016 Name

More information

Section 37 of The Mental Health Act

Section 37 of The Mental Health Act Section 37 of The Mental Health Act Hospital orders If you are convicted of a crime, the courts can send you to hospital instead of prison. They can do this if you have a mental disorder and need hospital

More information

Mental Health Act 2007: Workshop. Approved Clinicians and Responsible Clinicians. Participant Pack

Mental Health Act 2007: Workshop. Approved Clinicians and Responsible Clinicians. Participant Pack Mental Health Act 2007: Workshop Approved Clinicians and Responsible Clinicians Participant Pack Table of Contents Introduction...1 Professional roles...2 Overview...2 Responsible clinician...2 Approved

More information

High Risk Patients - Their Management at Broadmoor Hospital

High Risk Patients - Their Management at Broadmoor Hospital Policy: H4 High Risk Patients - Their Management at Broadmoor Hospital Version: H4/03 Ratified by: Broadmoor SMT Date ratified: December 2013 Title of originator/author: Clinical Director High Secure Services

More information

This factsheet covers:

This factsheet covers: Mental Health Act This factsheet is about detention under the Mental Health Act 1983. This is sometimes called sectioning. We explain why you may be detained, and what rights you have. If you care for

More information

Admission to Hospital under Part II of the Mental Health Act 1983 and Mental Capacity Act 2005 Deprivation of Liberty Safeguards.

Admission to Hospital under Part II of the Mental Health Act 1983 and Mental Capacity Act 2005 Deprivation of Liberty Safeguards. Document level: Trustwide (TW) Code: MH3 Issue number: 6 Admission to Hospital under Part II of the Mental Health Act 1983 and Mental Capacity Act 2005 Deprivation of Liberty Safeguards. Lead executive

More information

Section 18 Absent without Leave Photographing Patients

Section 18 Absent without Leave Photographing Patients Clinical Mental Health Act 1983: Section 17 Leave: Standard Operating Procedure Document Control Summary Status: Version: Author/Owner/Title: Approved by: Ratified: Related Trust Strategy and/or Strategic

More information

Replacement. Supersedes: Complaints Procedure ( ) and the Patient Advice and Liaison Service Policy ( )

Replacement. Supersedes: Complaints Procedure ( ) and the Patient Advice and Liaison Service Policy ( ) Corporate Complaints: Standard Operating Procedure Document Control Summary Status: Replacement. Supersedes: Complaints Procedure (28.10.10) and the Patient Advice and Liaison Service Policy (28.07.11)

More information

APPROVED CLINICIAN (AC) POLICY FOR MEDICAL STAFF

APPROVED CLINICIAN (AC) POLICY FOR MEDICAL STAFF APPROVED CLINICIAN (AC) POLICY FOR MEDICAL STAFF Version: 1 Ratified by: Date ratified: August 2015 Title of originator/author: Title of responsible committee/group: Date issued: August 2015 Review date:

More information

Staff with responsibilities under Section 17 of the Mental Health Act. Section 17, Mental Health Act, authorisation, leave, detained, patients

Staff with responsibilities under Section 17 of the Mental Health Act. Section 17, Mental Health Act, authorisation, leave, detained, patients Policy: Section 17 Mental Health Act - Authorisation of Leave (Detained Patients) Executive or Associate Director lead Policy author/ lead Feedback on implementation to Clive Clarke, Executive Director

More information

Policy: A4 Alcohol and Illicit Drugs Procedure (Broadmoor Hospital only)

Policy: A4 Alcohol and Illicit Drugs Procedure (Broadmoor Hospital only) Policy: A4 Alcohol and Illicit Drugs Procedure (Broadmoor Hospital only) Policy relates to: D2 Dual Diagnosis policy Version: A4/08 Ratified by: Policy Review Group Date ratified: 24 th September 2015

More information

Sandra Ayre - Mental Health Legislation Manager. Rajesh Nadkarni Executive Medical Director. Contents. Section Description Page No.

Sandra Ayre - Mental Health Legislation Manager. Rajesh Nadkarni Executive Medical Director. Contents. Section Description Page No. Mental Health Act Policy Practice Guidance Note Tribunal Reports V04 Date Issued Issue 1 May 16 Planned review May 2019 MHA-PGN-05 Part of NTW(C)55 Mental Health Act Policy Author/Designation Responsible

More information

APPROVAL UNDER SECTION 12(2) MENTAL HEALTH ACT 1983 THE NATIONAL CRITERIA FOR ENGLAND. Revised October 2009 by the National Reference Group

APPROVAL UNDER SECTION 12(2) MENTAL HEALTH ACT 1983 THE NATIONAL CRITERIA FOR ENGLAND. Revised October 2009 by the National Reference Group APPROVAL UNDER SECTION 12(2) MENTAL HEALTH ACT 1983 1. INTRODUCTION THE NATIONAL CRITERIA FOR ENGLAND Revised October 2009 by the National Reference Group 1.1 Section 12(2) of the Mental Health Act 1983

More information

MULTIDISCIPLINARY MEETINGS FOR COMMUNITY HOSPITALS POLICY

MULTIDISCIPLINARY MEETINGS FOR COMMUNITY HOSPITALS POLICY MULTIDISCIPLINARY MEETINGS FOR COMMUNITY HOSPITALS POLICY (To be read in conjunction with Handover Policy) Version: 3 Ratified by: Date ratified: August 2015 Title of originator/author: Title of responsible

More information

Admission to hospital for treatment (Section 3 of the Mental Health Act 1983)

Admission to hospital for treatment (Section 3 of the Mental Health Act 1983) Admission to hospital for treatment (Section 3 of the Mental Health Act 1983) 1. Patient s name 2. Name of the person in charge of your care (your responsible clinician ) 3. Name of hospital and ward 4.

More information

Revocation of community treatment order for treatment under section 3 of the Mental Health Act (Section 17F of the Mental Health Act 1983)

Revocation of community treatment order for treatment under section 3 of the Mental Health Act (Section 17F of the Mental Health Act 1983) Revocation of community treatment order for treatment under section 3 of the Mental Health Act (Section 17F of the Mental Health Act 1983) 1. Patient s name 2. Name of the person in charge of your treatment

More information

Policy Document Control Page

Policy Document Control Page Policy Document Control Page Title Title: MHA Section 117 After-care Version: 4 Reference Number: CL49 Keywords: Mental Health Act, after-care, care planning, discharge, duty, continuing, after-care services,

More information

The Mental Capacity Act 2005 Legislation and Deprivation of Liberties (DOLs) Authorisation Policy

The Mental Capacity Act 2005 Legislation and Deprivation of Liberties (DOLs) Authorisation Policy The Mental Capacity Act 2005 Legislation and Deprivation of Liberties (DOLs) Authorisation Policy Version Number 3 Version Date vember 2015 Policy Owner Director of Nursing and Clinical Governance Author

More information

Policies, Procedures, Guidelines and Protocols

Policies, Procedures, Guidelines and Protocols Policies, Procedures, Guidelines and Protocols Document Details Title Advanced Decision to Refuse Treatment Policy and Procedure (previously known as Living Wills) Trust Ref No 443-24903 Local Ref (optional)

More information

Revocation of community treatment order for treatment under part 3 of the Mental Health Act (Section 17F of the Mental Health Act 1983 as applied by

Revocation of community treatment order for treatment under part 3 of the Mental Health Act (Section 17F of the Mental Health Act 1983 as applied by Revocation of community treatment order for treatment under part 3 of the Mental Health Act (Section 17F of the Mental Health Act 1983 as applied by Schedule 1) 1. Patient s name 2. Name of the person

More information

ADMISSION, RECEIPT AND SCRUTINY OF STATUTORY DETENTION PAPERS

ADMISSION, RECEIPT AND SCRUTINY OF STATUTORY DETENTION PAPERS MENTAL HEALTH ACT 1983 ADMISSION, RECEIPT AND SCRUTINY OF STATUTORY DETENTION PAPERS Author: Sponsor/Executive: Responsible committee: Ratified by: Consultation & approval: (Committee/Groups which signed

More information

What is this Guide for?

What is this Guide for? Continuing NHS Healthcare (CHC) is a package of services that is arranged and funded solely by the NHS, for those people who have been assessed as having a primary health need. The issue is one of need.

More information

ISLE OF MAN MENTAL HEALTH REVIEW TRIBUNAL GUIDANCE

ISLE OF MAN MENTAL HEALTH REVIEW TRIBUNAL GUIDANCE ISLE OF MAN MENTAL HEALTH REVIEW TRIBUNAL GUIDANCE Issued by the Chairmen of the Isle of Man Mental Health Review Tribunal on 19 June 2017 after Consultation with the High Bailiff, HM AG for the IoM, IoM

More information

Document Title Clinical Risk Assessment and Management Policy. Electronic Systems Development & Training Consultant Risk and Assurance Facilitator

Document Title Clinical Risk Assessment and Management Policy. Electronic Systems Development & Training Consultant Risk and Assurance Facilitator Document Title Clinical Risk Assessment and Management Policy Document Description Document Type Policy Service Application Trust Wide Version 1.2 Policy Reference no. POL 025 Lead Author(s) Name Bob Yardley

More information

Learning from Deaths Policy A Framework for Identifying, Reporting, Investigating and Learning from Deaths in Care.

Learning from Deaths Policy A Framework for Identifying, Reporting, Investigating and Learning from Deaths in Care. Learning from Deaths Policy A Framework for Identifying, Reporting, Investigating and Learning from Deaths in Care. Associated Policies Being Open and Duty of Candour policy CG10 Clinical incident / near-miss

More information

RDaSH. Hospital managers hearing following a request for discharge by our nearest relative and a barring order being issued

RDaSH. Hospital managers hearing following a request for discharge by our nearest relative and a barring order being issued Hospital managers hearing following a request for discharge by our nearest relative and a barring order being issued Patient information leaflet 4 RDaSH Corporate Services If you are detained under one

More information

Section 136: Place of Safety. Hallam Street Hospital Protocol

Section 136: Place of Safety. Hallam Street Hospital Protocol MENTAL HEALTH DIVISION Section 136: Place of Safety Hallam Street Hospital Protocol 1. Introduction 2. Purpose 3. Section 136: Place of safety 4. Exclusion Criteria 5. Reception at Place of Safety 6. Initial

More information

But how do you measure levels of restriction?

But how do you measure levels of restriction? What are the essential elements to take into account when determining whether a person has capacity to consent to informal admission to a psychiatric hospital? As Approved Mental Health Professionals (AMHPs),

More information

RECEIPT & SCRUTINY OF MENTAL HEALTH ACT PAPERS

RECEIPT & SCRUTINY OF MENTAL HEALTH ACT PAPERS SECTION: 8.0 - MENTAL HEALTH LEGISLATION POLICY AND PROCEDURE NO: 8.07 NATURE AND SCOPE: SUBJECT: POLICY & PROCEDURE - TRUSTWIDE RECEIPT & SCRUTINY OF MENTAL HEALTH ACT PAPERS This policy/procedure relates

More information

Chief Officer following agreed delegation from February 2014 Governing Body Date approved: 6 th March 2014

Chief Officer following agreed delegation from February 2014 Governing Body Date approved: 6 th March 2014 Continuing Healthcare Policy Approved by: Chief Officer following agreed delegation from February 2014 Governing Body Date approved: 6 th March 2014 Name of originator/author: Associate Director (Older

More information

The Newcastle upon Tyne Hospitals NHS Foundation Trust

The Newcastle upon Tyne Hospitals NHS Foundation Trust The Newcastle upon Tyne Hospitals NHS Foundation Trust Advance Decision to Refuse Treatment Policy (Advanced Refusal of Treatment/ Previously known as Living Wills) Incorporating the Mental Capacity Act

More information

THE STATE HOSPITALS BOARD FOR SCOTLAND. The Care Programme Approach (CPA) A policy for the care and treatment planning of patients.

THE STATE HOSPITALS BOARD FOR SCOTLAND. The Care Programme Approach (CPA) A policy for the care and treatment planning of patients. THE STATE HOSPITALS BOARD FOR SCOTLAND The Care Programme Approach (CPA) A policy for the care and treatment planning of patients. Policy Reference Number Lead Author Contributing Authors CP12 Issue: 2

More information

Monitoring the Mental Health Act 2015/16 SUMMARY

Monitoring the Mental Health Act 2015/16 SUMMARY Monitoring the Mental Health Act 2015/16 SUMMARY Foreword The work of monitoring the Mental Health Act 1983 (MHA) is a distinct but supportive role to CQC s wider regulatory task. It is distinct, in part,

More information

Appeal for hospital managers hearing. Patient information leaflet 1. RDaSH. Corporate Services

Appeal for hospital managers hearing. Patient information leaflet 1. RDaSH. Corporate Services Appeal for hospital managers hearing Patient information leaflet 1 RDaSH Corporate Services If you are detained under one of the sections of the Mental Health Act (or are subject to a Supervised Community

More information

Locked Door. Target Audience. Who Should Read This Policy. All Inpatient Staff

Locked Door. Target Audience. Who Should Read This Policy. All Inpatient Staff Locked Door Who Should Read This Policy Target Audience All Inpatient Staff Version 1.0 October 2016 Ref. Contents Page 1.0 Introduction 4 2.0 Purpose 4 3.0 Objectives 4 4.0 Process for Access and Exit

More information

Mental Health Act 1983 Leave of Absence Section 17 Policy. Version No 1:6

Mental Health Act 1983 Leave of Absence Section 17 Policy. Version No 1:6 Plymouth Community Healthcare CIC Mental Health Act 1983 Leave of Absence Section 17 Policy Version No 1:6 Notice to staff using a paper copy of this guidance The policies and procedures page of PCH Intranet

More information

THE PROVISION OF PLACE OF SAFETY AND ASSESSMENTS UNDER SECTIONS 135 AND 136 OF THE MENTAL HEALTH ACT

THE PROVISION OF PLACE OF SAFETY AND ASSESSMENTS UNDER SECTIONS 135 AND 136 OF THE MENTAL HEALTH ACT CP 6 SOLENT HEALTH NHS TRUST SOUTHERN HEALTH NHS FOUNDATION TRUST SURREY AND BORDERS NHS FOUNDATION TRUST ISLE OF WIGHT NHS TRUST HAMPSHIRE CONSTABULARY HAMPSHIRE COUNTY COUNCIL SOUTHAMPTON CITY COUNCIL

More information

Mental Health Act 1983/2007. Section 117 and After Care Policy

Mental Health Act 1983/2007. Section 117 and After Care Policy Mental Health Act 1983/2007 Section 117 and After Care Policy Between: London Borough of Hillingdon Hillingdon Clinical Commissioning Group FINAL DRAFT February 2015 Document Control Sheet Type of Document

More information

Guide to the Continuing NHS Healthcare Assessment Process

Guide to the Continuing NHS Healthcare Assessment Process Guide to the Continuing NHS Healthcare Assessment Process Continuing NHS Healthcare (CHC) is a package of care arranged and funded solely by the NHS, where it has been assessed that the person s primary

More information

Mind Rights Guide 1. Civil admission to hospital

Mind Rights Guide 1. Civil admission to hospital Mind Rights Guide 1 1 Civil admission to hospital Introduction This booklet is designed to answer some of the more common questions concerning civil (compulsory) admission to a psychiatric hospital, or

More information

Admission to hospital for assessment (Section 2 of the Mental Health Act 1983)

Admission to hospital for assessment (Section 2 of the Mental Health Act 1983) Admission to hospital for assessment (Section 2 of the Mental Health Act 1983) Shining a light on the future 1. Patient s name 2. Name of the person in charge of your care (your responsible clinician )

More information

Head of Joint Commissioning committee/individual: Effective from: 6 th February Review date: April 2017

Head of Joint Commissioning committee/individual: Effective from: 6 th February Review date: April 2017 Continuing Healthcare Policy Approved by: Governing Body Date approved: 06/02/2014 Name of originator/author: Associate Director (Older Adults) Name of responsible Head of Joint Commissioning committee/individual:

More information

Absent Without Leave Policy

Absent Without Leave Policy March 2009 Page 1 of 19 Title Reference Number AdultMHD09/001 Implementation Date March 2009 Review Date March 2009 Responsible Officer Director of Adult Mental Health and Disability Services Page 2 of

More information

Advance Decisions to Refuse Treatment (ADRT) and Advance Statements Policy

Advance Decisions to Refuse Treatment (ADRT) and Advance Statements Policy A member of: Association of UK University Hospitals Advance Decisions to Refuse Treatment (ADRT) and Advance Statements Policy (Replaces policy No.TPMHA&MCA/115 V.1) POLICY NUMBER TPMHA&MCA/115 POLICY

More information

Guide to the 1983 Mental Health Act For nearest relatives of detained service users

Guide to the 1983 Mental Health Act For nearest relatives of detained service users South London and Maudsley NHS Foundation Trust Guide to the 1983 Mental Health Act For nearest relatives of detained service users Introduction This booklet is for anyone who is the nearest relative for

More information

Hospital order given by Crown Court

Hospital order given by Crown Court Section 37/41 Hospital order given by Crown Court This factsheet looks at section 37/41 of the Mental Health Act. It looks at the professionals you might come across in hospital, when and how the courts

More information

Safeguarding of Vulnerable Adults. Annual Report

Safeguarding of Vulnerable Adults. Annual Report of Vulnerable Adults Annual Report 2011-2012 April 2012 DOCUMENT CONTROL Version Author Date Change V0.1 Veronica Flood 20 April 2012 First draft V0.2 Mary Sexton 24 April 2012 Second Draft V0.3 Mary Sexton

More information

Mental Health Act: Training and Resource Guide Page 1 of 19

Mental Health Act: Training and Resource Guide Page 1 of 19 Mental Health Act: Training and Resource Guide 2018 Page 1 of 19 1 FOREWORD This booklet is designed for professionals who need reference to the day to day requirements of the Mental Health Act 1983. It

More information

Principles and good practice guidance for practitioners considering restraint in residential care settings

Principles and good practice guidance for practitioners considering restraint in residential care settings Advice notes Guidance for mental health professionals about changes to the Mental Health Act implemented on 30 June 2017 Thistle House 91 Haymarket Terrace Edinburgh EH12 5HE Tel: 0131 313 8777 Fax: 0131

More information

How we use your information. Information for patients and service users

How we use your information. Information for patients and service users How we use your information Information for patients and service users What we record about you Pennine Care NHS Foundation Trust provides mental health and community health services to people living in

More information

ADMITTING YOUNG PEOPLE UNDER 18 TO ADULT MENTAL HEALTH WARDS POLICY

ADMITTING YOUNG PEOPLE UNDER 18 TO ADULT MENTAL HEALTH WARDS POLICY ADMITTING YOUNG PEOPLE UNDER 18 TO ADULT MENTAL HEALTH WARDS POLICY Version: 2 Ratified By: Date Ratified: August 2015 Title of Originator/Author Title of Responsible Committee/Group Senior Managers Operational

More information

Conveyance of Patients S6 Mental Health Act (Replaces Policy No. 182.Clinical)

Conveyance of Patients S6 Mental Health Act (Replaces Policy No. 182.Clinical) (Replaces Policy No. 182.Clinical) POLICY NUMBER TPMHA&MCA/103 VERSION NUMBER V.4 RATIFYING COMMITTEE Pan Sussex MHA Monitoring Committee DATE OF EQUALITY & HUMAN 01 August 2015 RIGHTS IMPACT ASSESSMENT

More information

NHS England Complaints Policy

NHS England Complaints Policy NHS England Complaints Policy 1 NHS England INFORMATION READER BOX Directorate Medical Operations Patients and Information Nursing Policy Commissioning Development Finance Human Resources Publications

More information

COMPLAINTS POLICY. Head of Complaints & Customer Service Improvement

COMPLAINTS POLICY. Head of Complaints & Customer Service Improvement COMPLAINTS POLICY POLICY REFERENCE NUMBER CP2 VERSION NUMBER 1 REPLACES SEPT DOCUMENT CP2 REPLACES NEP DOCUMENT CRP7 KEY CHANGES FROM PREVIOUS Not applicable VERSION AUTHOR Head of Complaints & Customer

More information

GPs apply for inclusion in the NI PMPL and applications are reviewed against criteria specified in regulation.

GPs apply for inclusion in the NI PMPL and applications are reviewed against criteria specified in regulation. Policy for the Removal of Doctors from the NI Primary Medical Performers List (NIPMPL) where they have not provided primary medical services in the HSCB area in the Preceding 24 Months Context GPs cannot

More information

Northern Ireland Social Care Council. NISCC (Registration) Rules 2017

Northern Ireland Social Care Council. NISCC (Registration) Rules 2017 Northern Ireland Social Care Council NISCC (Registration) Rules 2017 April 2017 Produced by: Northern Ireland Social Care Council 7 th Floor, Millennium House 19-25 Great Victoria Street Belfast BT2 7AQ

More information

CCG CO10 Mental Capacity Act Policy

CCG CO10 Mental Capacity Act Policy Corporate CCG CO10 Mental Capacity Act Policy Version Number Date Issued Review Date 2 November 2016 November 2019 Prepared By: Consultation Process: Joint Commissioning Manager. CCG Executive Director

More information

Policy: P15 Physical Healthcare Policy

Policy: P15 Physical Healthcare Policy Policy: P15 Physical Healthcare Policy Version: P15/04 Ratified by: Trust Management Team Date ratified: 15 th April 2015 Title of originator/author: Director of Primary Care Title of responsible Director

More information

Care and Treatment Review: Policy and Guidance

Care and Treatment Review: Policy and Guidance Care and Treatment Review: Policy and Guidance With policy and guidance on Care, Education and Treatment Reviews for children and young people Easy Read Version 2017 1 Contents Foreword from Gavin Harding...

More information

MENTAL HEALTH AND LEARNING DISABILITY OPERATIONAL POLICY FOR THE IMPLEMENTATION OF SECTION 5 (2) OF THE MENTAL HEALTH ACT PTHB / MHP 070

MENTAL HEALTH AND LEARNING DISABILITY OPERATIONAL POLICY FOR THE IMPLEMENTATION OF SECTION 5 (2) OF THE MENTAL HEALTH ACT PTHB / MHP 070 MENTAL HEALTH AND LEARNING DISABILITY OPERATIONAL POLICY FOR THE IMPLEMENTATION OF SECTION 5 (2) OF THE MENTAL HEALTH ACT Document Reference No: Version No: 1 PTHB / MHP 070 Issue Date: September 2018

More information

Independent Investigation Action Plan for Mr L STEIS Ref No: 2014/7319. Report published: NHE to complete

Independent Investigation Action Plan for Mr L STEIS Ref No: 2014/7319. Report published: NHE to complete Independent Investigation Action Plan for Mr L STEIS Ref No: 2014/7319 Statement from Oxleas NHS Foundation Trust The Trust would like to offer sincere condolenses to the family and friends of Mr Parsons.

More information

Accountable Director Executive Director of Nursing and Secure Services Head of Nursing

Accountable Director Executive Director of Nursing and Secure Services Head of Nursing Policy Number SD40 Policy Title DISCHARGE/ TRANSFER POLICY Accountable Director Executive Director of Nursing and Secure Services Author Head of Nursing Safeguarding is Everybody s Business. This policy

More information

Access to Health Records Procedure

Access to Health Records Procedure Access to Health Records Procedure Version: 1.0 Ratified by: Date ratified: 11/03/2015 Name of originator/author: Name of responsible individual: Information Governance Group Medical Records Manager, Jackie

More information

Informal Patients to take Leave from Adult Mental Health Inpatient Wards. Standard Operating Procedure

Informal Patients to take Leave from Adult Mental Health Inpatient Wards. Standard Operating Procedure Informal Patients to take Leave from Adult Mental Health Inpatient Wards Standard Operating Procedure DOCUMENT CONTROL: Version: 1 Ratified by: Quality Committee Date ratified: 16 June 2016 Name of originator/author:

More information

Herefordshire Safeguarding Adults Board

Herefordshire Safeguarding Adults Board Herefordshire Safeguarding Adults Board DEPRIVATION OF LIBERTY SAFEGUARDS (DoLS) POLICY, PROCEDURE AND GUIDANCE DATE: April 2015 It is suggested that this policy is read in conjunction with Herefordshire

More information

COMMUNITY TREATMENT ORDERS FREQUENTLY ASKED QUESTIONS.

COMMUNITY TREATMENT ORDERS FREQUENTLY ASKED QUESTIONS. COMMUNITY TREATMENT ORDERS FREQUENTLY ASKED QUESTIONS. Q1: The patient was detained under s.3 and has been discharged from hospital on a Community Treatment Order. Has the s.3 come to an end? A. The section

More information

Section 35. When the criminal courts send you to hospital for a medical report

Section 35. When the criminal courts send you to hospital for a medical report Section 35 When the criminal courts send you to hospital for a medical report This factsheet looks at section 35 of the Mental Health Act. It looks at the professionals you might come across in hospital,

More information

Under 18s Admission to Adult Mental Health Ward: Standard Operating Procedure

Under 18s Admission to Adult Mental Health Ward: Standard Operating Procedure Clinical Under 18s Admission to Adult Mental Health Ward: Standard Operating Procedure Document Control Summary Status: Version: Author/Title: Owner/Title: Replacement. Replaces: Policy on the formal or

More information

TRUST POLICY AND PROCEDURE FOR DETAINING HOSPITAL IN-PATIENTS UNDER SECTION 5(2) OF THE MENTAL HEALTH ACT 1983

TRUST POLICY AND PROCEDURE FOR DETAINING HOSPITAL IN-PATIENTS UNDER SECTION 5(2) OF THE MENTAL HEALTH ACT 1983 TRUST POLICY AND PROCEDURE FOR DETAINING HOSPITAL IN-PATIENTS UNDER SECTION 5(2) OF THE MENTAL HEALTH ACT 1983 Reference Number POL-CL/1793/06 Version / Amendment History Version: 2.4.0 Status Final Author:

More information

APPROVALS PANEL ENGLAND SOUTH APPLICATION FOR APPROVAL AS AN APPROVED CLINICIAN UNDER THE MENTAL HEALTH ACT 1983 (AS AMENDED 2007)

APPROVALS PANEL ENGLAND SOUTH APPLICATION FOR APPROVAL AS AN APPROVED CLINICIAN UNDER THE MENTAL HEALTH ACT 1983 (AS AMENDED 2007) APPROVALS PANEL ENGLAND SOUTH APPLICATION FOR APPROVAL AS AN APPROVED CLINICIAN UNDER THE MENTAL HEALTH ACT 1983 (AS AMENDED 2007) PLEASE ENSURE THE APPLICATION FORM IS COMPLETED IN FULL AND WITHOUT ERROR

More information

LOCKED DOORS AND DOOR CONTROL POLICY

LOCKED DOORS AND DOOR CONTROL POLICY LOCKED DOORS AND DOOR CONTROL POLICY Version: 3 Ratified by: Senior Managers Operational Group Date ratified: November 2013 Title of originator/author: Mental Health Legal Strategies Lead Title of responsible

More information

Recruitment of Approved Mental Health Practitioners (AMHPs)

Recruitment of Approved Mental Health Practitioners (AMHPs) Recruitment of Approved Mental Health Practitioners (AMHPs) Lead Executive Author with contact details Responsible Committee/Sub Committee Document approved by & date: Document consultation: Patient and

More information

Appeal to the First Tier Tribunals Service Mental Health. Patient information booklet 2. RDaSH. Corporate Services

Appeal to the First Tier Tribunals Service Mental Health. Patient information booklet 2. RDaSH. Corporate Services Appeal to the First Tier Tribunals Service Mental Health Patient information booklet 2 RDaSH Corporate Services If you are detained under one of the sections of the Mental Health Act (or are subject to

More information

National Standards for the Conduct of Reviews of Patient Safety Incidents

National Standards for the Conduct of Reviews of Patient Safety Incidents National Standards for the Conduct of Reviews of Patient Safety Incidents 2017 About the Health Information and Quality Authority The Health Information and Quality Authority (HIQA) is an independent

More information

Visiting Celebrities, VIPs and other Official Visitors

Visiting Celebrities, VIPs and other Official Visitors Visiting Celebrities, VIPs and other Official Visitors Who Should Read This Policy Target Audience Healthcare Professionals Executive Team Version 1.0 May 2016 Ref. Contents Page 1.0 Introduction 4 2.0

More information

Standard Operating Procedure 3 (SOP 3) Template. Advance Decision To Refuse Treatment &Advance Statement

Standard Operating Procedure 3 (SOP 3) Template. Advance Decision To Refuse Treatment &Advance Statement Standard Operating Procedure 3 (SOP 3) Template Advance Decision To Refuse Treatment &Advance Statement The Mental Capacity Act 2005 (MCA) provides the legal framework to empower and protect people over

More information

Mental Health Liaison Workshop

Mental Health Liaison Workshop Mental Health Liaison Workshop UEC Improvement Collaborative Event The Kia Oval, 07 December 2017 Neil Brimblecombe - Chair (co MH Clinical Lead UECC) Barbara Cleaver - Consultant in Emergency Medicine

More information