Mental Health

Joint Committee Publishes Final Report On The Draft Mental Health Bill 2022

On 19 January 2023, the Joint Committee published its final report on the draft Mental Health Bill 2022. The draft Bill was introduced following the Independent Review of the Mental Health Act 1983 (“MHA”) which was chaired by Professor Sir Simon Wessely in 2018. The Review made recommendations in relation to addressing the increase in …

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New Guidance on Aftercare of Mental Health In-Patients Released

The Parliamentary and Health Service Ombudsman (“PHSO”) and the Local Government and Social Care Ombudsman (“LGSCO”) have released joint guidance around aftercare of mental health in-patients. The PHSO and LGSCO work together on complaints that involve health and social care bodies.  The aim of the guidance alongside the legislation is to reduce the risk of …

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The CQC’s position on the use of restraint in learning disability hospitals

A report published on 22 October 2020 focuses on the use of restrictive practices and restraint in specialist hospitals which care for people with learning disabilities and/or autism.  The report is critical of both providers who deliver care to these individuals and of the commissioners of care who fail to properly intervene prior to people’s …

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Best interests decisions: A COVID-19 quick guide

The Social Care Institute for Excellence (“SCIE”) published guidance in July 2020 titled, “Best interests decisions: A COVID-19 quick guide” (“SCIE guidance”).  The SCIE guidance explains that application of the Mental Capacity Act 2005 (the “MCA”) in practice has been challenging due to the implications of COVID-19 and sets out how best interests decisions should …

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Revised COVID-19 Emergency MCA and DoLS Guidance

Last month I wrote an article reviewing the DHSC’s emergency guidance on the application of The Mental Capacity Act 2005 (MCA) and Deprivation of Liberty Safeguards (DoLS) during the COVID-19 pandemic. As explained in my article (found here) the emergency guidance aims to assist those caring for adults who lack mental capacity when deciding on …

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Increase in deaths reported in mental health settings as a result of COVID-19

Figures released by the CQC suggest that there has been a doubling of deaths reported during the period 1 March to 1 May 2020 by mental health providers of detained patients. 106 deaths were reported in these settings with providers confirming that Covid-19 was a cause or a factor within the deaths of 54 people. …

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COVID-19 Emergency MCA and DoLS Guidance

The DHSC has published new emergency guidance for Care Homes, Hospitals and Supervisory Bodies on the application of The Mental Capacity Act 2005 (MCA) and Deprivation of Liberty Safeguards (DoLS) during the Coronavirus (COVID-19) pandemic. This article explains the new guidance. The recent guidance aims to assist those caring for adults who lack mental capacity, …

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Report recommends significant shake up to CQC inspections and policies on registration of services for people with learning disabilities and/or autism

The CQC yesterday published the Report it commissioned in summer 2019, in response to the Whorlton Hall scandal. Professor Glynis Murphy’s report makes very interesting reading, but disappointingly is it a little lack-lustre in identifying where the CQC might have done things better. The Report does accept “in hindsight” that things could have been done …

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Government considers Green Paper criticising its approach to mental health care for children and young people as published on Health Service Journal website

The week commencing 14 May 2018 was National Mental Health Awareness Week. Amongst the many events organised to mark this, the All-Party Parliamentary Health Group and CLOSER (a research centre bringing together the UK’s leading longitudinal studies) held a joint seminar on ‘Tackling mental health problems in children and young people: the importance of early …

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