House of Commons

Session 2006-07 Publications on the internet Bill Home Page

Tuesday 1st May 2007

Public Bill Committee

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New Amendments handed in are marked thus *

Other Amendments not tabled within the required notice period are marked thus #

Mental Health Bill [Lords]

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Note

The Amedments have been arranged in accordance with the Order of the Committee [24th April].

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   Clause 5.

   Another Amendment (No. 17) proposed, in page 3, line 13, leave out from ‘is’ to end of line 14 and insert ‘appropriate in his case, taking into account the nature and degree of the mental disorder and all other circumstances of his case.”’.—(Ms Rosie Winterton).

   Question proposed, That the Amendment be made.

Chris Bryant
Mrs Madeleine Moon
Ann Coffey

59

Clause 5, page 3, line 13, leave out ‘likely’ and insert ‘intended’.

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Ms Rosie Winterton

18

Page 4, line 1, leave out Clause 6.

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Ms Rosie Winterton

19

Clause 8, page 4, line 28, at end insert—

‘( ) In the following provisions, for the words from “, having regard to” to the end substitute “it is appropriate for the treatment to be given.”—

(a) section 57(2)(b) (certification of second opinion where treatment requires consent and a second opinion), and

(b) section 58(3)(b) (certification of second opinion where treatment requires consent or a second opinion).’.

Ms Rosie Winterton

20

Clause 8, page 4, line 31, leave out from ‘is’ to end of line 32 and insert ‘appropriate in his case, taking into account the nature and degree of the mental disorder from which he is suffering and all other circumstances of his case.”’.

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Mr David Kidney

54

Clause 10, page 5, leave out line 16 and insert—

‘(h) assessment of risk,

(i) transparency’.

Tim Loughton
Angela Browning
Mr Tim Boswell
Mr Charles Walker
Andrew Rosindell
James Duddridge

41

Clause 10, page 5, line 16, at end insert—

‘(i) the particular needs and impact of treatment on black and minority ethnic patients.’.

Mrs Madeline Moon

66

Clause 10, page 5, line 16, at end insert—

‘(i) the rights of victims’.

Tim Loughton
Angela Browning
Mr Tim Boswell
Mr Charles Walker
James Duddridge
Andrew Rosindell

55

Clause 10, page 5, line 17, leave out subsection (2C).

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Tim Loughton
Angela Browning
Mr Tim Boswell
Mr Charles Walker
James Duddridge
Andrew Rosindell

60

Clause 11, page 7, line 10, at end insert—

‘(11) After that subsection, insert—

“( ) No person can act as a responsible clinician unless he is capable of providing objective medical expertise of mental disorder.

( ) Objective medical expertise of mental disorder shall have the same meaning as in Winterwerp v The Netherlands (1979-80) 2 EHRR 387.”’.

Tim Loughton
Angela Browning
Mr Tim Boswell
Mr Charles Walker
James Duddridge
Andrew Rosindell

56

Page 5, line 26, leave out Clause 11.

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Tim Loughton
Angela Browning
Mr Tim Boswell
Mr Charles Walker
James Duddridge
Andrew Rosindell

61

Clause 13, page 8, line 45, at end insert—

‘( ) After that subsection, insert—

“( ) No person can act as a responsible clinician unless he is capable of providing objective medical expertise of mental disorder.

( ) Objective medical expertise of mental disorder shall have the same meaning as in Winterwerp v The Netherlands (1979-80) 2 EHRR 387.”’.

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Ms Rosie Winterton

42

Clause 14, page 9, line 13, leave out ‘approved clinician’ and insert ‘person’.

Ms Rosie Winterton

67

Clause 14, page 9, line 14, leave out ‘at the end insert “nor the responsible clinician”’ and insert ‘after “medical treatment” insert “(neither of whom shall be the responsible clinician (if there is one) or the person in charge of the treatment in question)”’.

Ms Rosie Winterton

68

Clause 14, page 9, line 22, leave out ‘at the end insert “nor the responsible clinician”’ and insert ‘after “medical treatment” insert “(neither of whom shall be the responsible clinician or the approved clinician in charge of the treatment in question)”’.

Ms Rosie Winterton

45

Clause 14, page 10, leave out lines 2 to 7 and insert—

‘“(1A) References in this Part of this Act to the approved clinician in charge of a patient’s treatment shall, where the treatment in question is a form of treatment to which section 57 above applies, be construed as references to the person in charge of the treatment in question.”’.

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Tim Loughton
Sandra Gidley
Angela Browning
Dr John Pugh
Mr Tim Boswell
Mr Charles Walker

James Duddridge Andrew Rosindell

62

Clause 24, page 14, leave out lines 32 to 37 and insert —

‘142D Registered Medical Practitioner

Where a clinician undertakes an assessment of a minor’s needs in accordance with section 142B he shall consider whether the registered medical practitioner responsible for the minor’s care and treatment in hospital should have special experience in the diagnosis or treatment of mental disorder in persons under the age of 18.’.

Ms Rosie Winterton

21

Page 14, line 14, leave out Clause 24.

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Ms Rosie Winterton

69

Clause 30, page 19, line 4, after ‘treatment’, insert ‘(neither of whom shall be the responsible clinician or the approved clinician in charge of the treatment)’.

Ms Rosie Winterton

70

Clause 30, page 19, line 5, leave out ‘nor the responsible clinician’.

Tim Loughton
Dr John Pugh
Angela Browning
Sandra Gidley
Mr Tim Boswell
Mr Charles Walker

9

Clause 30, page 19, line 29, at end add—

‘58B Treatment for patients under 18 requiring consent and a second opinion

(1) Subject to section 62 below, a patient under eighteen years shall not be given electroconvulsive therapy (whether or not he is liable to detention), unless a registered medical practitioner appointed as aforesaid (not being the responsible clinician) has certified in writing that—

(a) the patient is capable of understanding the nature, purpose and likely effects of that treatment, and has consented, and that having regard in particular to the likelihood of its alleviating or preventing a deterioration of his condition, the treatment should be given; or

(b) the patient is incapable of understanding the nature, purpose and likely effects of that treatment, and either—

(i) a person who has parental authority for the patient understands the nature, purpose and likely effects of that treatment and has consented to the treatment and that having regard to the likelihood of its alleviating or preventing a deterioration of his condition, the treatment should be given; or

(ii) the High Court has determined that having regard to the likelihood of its alleviating or preventing a deterioration of his condition, the treatment should be given;

(2) For the purposes of treatment given under this section either the registered medical practitioner responsible for the patient’s treatment or the registered medical practitioner providing the second opinion shall be a clinician with specialist training in child and adolescent mental health, defined in accordance with regulations prescribed by the Secretary of State.’.

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Tim Loughton
Dr John Pugh
Angela Browning
Sandra Gidley
Mr Tim Boswell
Mr Charles Walker

10

Clause 31, page 20, line 1, at end insert—

‘(c) after subsection (3) insert—

“(4) Subsection (1)(b), (c) and (d) above shall not apply if the treatment is electro-convulsive therapy.’.

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Tim Loughton
Sandra Gidley
Angela Browning
Dr John Pugh
Mr Tim Boswell
Mr Charles Walker

James Duddridge Andrew Rosindell

63

Clause 32, page 20, line 14, after second ‘patient’, insert ‘aged 16 or over’.

Ms Rosie Winterton

22

Clause 32, page 20, line 21, leave out from beginning to ‘and’ in line 32.

Tim Loughton
Sandra Gidley
Angela Browning
Dr John Pugh
Mr Tim Boswell
Mr Charles Walker

James Duddridge Andrew Rosindell

64

Clause 32, page 20, line 35, at end insert—

‘(d) the following persons have been consulted about the making of a community treatment order—

(i) the patient;

(ii) any person with parental responsibility;

(iii) any person who the responsible clinician believes will play a substantial part in the care of the patient after he leaves hospital but will not be professionally concerned with the after-care services to be provided to him; and

(iv) the nearest relative of the patient

and the responsible clinician has taken into account any views expressed by the persons consulted,

(e) in this section “parental responsibility” has the same meaning as in the Children Act 1989 (c. 41).’.

Ms Rosie Winterton

23

Clause 32, page 20, line 40, leave out from beginning to end of line 17 on page 21 and insert—

‘(b) it is necessary for his health or safety or for the protection of other persons that he should receive such treatment;

(c) subject to his being liable to be recalled as mentioned in paragraph (d) below, such treatment can be provided without his continuing to be detained in a hospital;

(d) it is necessary for his health or safety or for the protection of other persons that he should be liable to be recalled to hospital for medical treatment;’.

Tim Loughton
Angela Browning
Sandra Gidley
Mr Tim Boswell
Mr Charles Walker
Andrew Rosindell

3

Clause 32, page 21, leave out line 46.

Tim Loughton
Angela Browning
Dr John Pugh
Mr Tim Boswell
Sandra Gidley
Mr Charles Walker

4

Clause 32, page 22, line 7, at end insert—

‘(8) A community patient or his nearest relative may make an application to the Mental Health Review Tribunal to vary or suspend any or all of the conditions imposed under section (3)(a), (b), (d) and (e) within the relevant period or if substantial variations have been made by the responsible clinician under subsection (4) above.

(9) In subsection (8) above “the relevant period” means—

(a) six months beginning with the day on which the community treatment order is made; and

(b) the period or periods for which the community treatment period is extended by virtue of the report.

(10) Where application is made to a Mental Health Review Tribunal by or in respect of a community patient under subsection (8) above the tribunal—

(a) may recommend that the responsible clinician consider whether to vary or suspend any or all of the conditions imposed under sections (3)(a), (b), (d) and (e) of the Mental Health Bill [Lords] 2007 (c. ); and

(b) may further consider the patient’s case if the responsible clinician does not make all or some of the changes recommended.

(11) Nothing in this section restricts the power to make applications to tribunals under section 66.’.

Tim Loughton
Angela Browning
Dr John Pugh
Mr Tim Boswell
Sandra Gidley
Mr Charles Walker

6

Clause 32, page 22, line 7, at end insert—

‘17BA Making of community treatment order

(1) The responsible clinician shall not make a community treatment order unless—

(a) the following persons have been consulted about the making of the order under section 17A and the conditions to which the patient is subject specified under 17B—

(i) the patient;

(ii) the nearest relative;

(iii) any person with the authority to act on the patient’s behalf;

(iv) one or more persons who have been professionally concerned with the patient’s medical treatment in hospital;

(v) one or more persons who will be professionally concerned with the treatment to be provided for the patient after he leaves hospital; and

(vi) any person who the responsible clinician believes will play a substantial part in the care of the patient after he leaves hospital but will not be professionally concerned with the medical treatment to be so provided, and

(b) the responsible medical officer has taken into account any views expressed by the persons consulted under paragraph (a).

(2) On making a community treatment order in respect of a patient the responsible clinician shall—

(a) inform the patient both orally and in writing; and

(b) inform any person who has been consulted under paragraph (a)(ii) and (iv) of subsection (1) above;

of the matters specified in subsection (3) below.

(3) The matters referred to in subsection (2) above are—

(a) that the order is being made;

(b) the after-care services to be provided under section 117 below; and

(c) any requirements to be imposed upon him under section 17B above.’.

Ms Rosie Winterton

24

Clause 32, page 23, line 28, leave out from beginning to ‘the’ and insert ‘in his opinion,’.

Ms Rosie Winterton

25

Clause 32, page 23, line 34, leave out subsection (5).

Tim Loughton
Dr John Pugh
Angela Browning
Sandra Gidley
Mr Tim Boswell
Mr Charles Walker

2

Clause 32, page 24, line 42, at end insert ‘for a maximum of three years in total’.

Ms Rosie Winterton

26

Clause 32, page 25, line 3, after ‘satisfied’, insert ‘and if a statement under subsection (7A) below is made’.

Ms Rosie Winterton

27

Clause 32, page 25, line 4, leave out from ‘report’ to end of line 5 and insert ‘to that effect in the prescribed form’.

Ms Rosie Winterton

28

Clause 32, page 25, line 6, leave out subsection (5).

Ms Rosie Winterton

29

Clause 32, page 25, leave out lines 24 to 43 and insert—

‘(b) it is necessary for his health or safety or for the protection of other persons that he should receive such treatment;

(c) subject to his continuing to be liable to be recalled as mentioned in paragraph (d) below, such treatment can be provided without his being detained in a hospital;

(d) it is necessary for his health or safety or for the protection of other persons that he should continue to be liable to be recalled to hospital for medical treatment;’.

Ms Rosie Winterton

30

Clause 32, page 25, line 45, at end insert—

‘(7A) The statement referred to in subsection (4) above is a statement in writing by an approved mental health professional—

(a) that it appears to him that the conditions set out in subsection (7) above are satisfied; and

(b) that it is appropriate to extend the community treatment period.’.

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Tim Loughton
Angela Browning
Dr John Pugh
Mr Tim Boswell
Sandra Gidley
Mr Charles Walker

5

Schedule 3, page 63, line 27, at end insert—

‘(d) Where application is made to the tribunal by or in respect of a community patient and the tribunal does not direct that the patient be discharged, the tribunal—

(i) may recommend that the responsible clinician consider whether to vary or suspend any or all of the conditions imposed under section (3)(a), (b), (d) and (e); and (ii) may further consider the patient’s case if the responsible clinician does not make all or some of the changes recommended.’.

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Tim Loughton
Dr John Pugh
Angela Browning
Sandra Gidley
Mr Tim Boswell
Mr Charles Walker

14

Page 26, line 31, leave out Clause 34.

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Tim Loughton
Sandra Gidley
Angela Browning
Dr John Pugh
Mr Tim Boswell
Mr Charles Walker

James Duddridge Andrew Rosindell

65

Clause 35, page 31, line 25, at end insert—

‘(6) The fifth condition is that the treatment does not conflict with a decision made by a person with parental responsibility for the patient.

(7) In this section “parental responsibility” has the same meaning as in the Children Act 1989 (c. 41).’.

Tim Loughton
Dr John Pugh
Angela Browning
Sandra Gidley
Mr Tim Boswell
Mr Charles Walker

13

Page 28, line 10, leave out Clause 35.

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Tim Loughton
Angela Browning
Mr Tim Boswell
Mr Charles Walker
James Duddridge
Andrew Rosindell

58

Clause 36, page 35, line 35, leave out ‘16’ and insert ‘18’.

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Tim Loughton
Angela Browning
Dr John Pugh
Mr Tim Boswell
Sandra Gidley
Mr Charles Walker

7

Clause 43, page 41, line 6, at end add—

‘(4) In Section 135(6) for the words from “means” to the end of that subsection substitute—

“(a) (i) residential accommodation provided by a local social services authority under Part III of the National Assistance Act 1948 (c.29),

(ii) a hospital as defined by this Act,

(iii) an independent hospital or care home for mentally disordered persons,

(iv) any other suitable place the occupier of which is willing temporarily to receive the patient or, if, in the circumstances of the case it is impracticable to use any of these places,

(b) a police station.”.

(5) In Section 136 (Mentally disordered persons found in public places) of the 1983 Act after subsection (2) insert—

“(3) Where a police station is used as the place of safety the person may not be detained there for a period longer than 24 hours.”.’.

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Ms Rosie Winterton

47

Clause 47, page 44, line 19, after ‘paragraph’, insert ‘42(2)(b),’.

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Angela Browning
Tim Loughton
Dr John Pugh
Mr Tim Boswell
Sandra Gidley
Mr Charles Walker

11

Schedule 6, page 79, line 9, at end insert—

‘(3) Where the managing authority deprives P of his liberty by detaining him as mentioned in paragraph 1(2), the appropriate NHS body or local authority which has authorised the detention shall make arrangements for the provision of the accommodation with care or treatment, and it shall be free of charge.’.

Ms Rosie Winterton

48

Schedule 6, page 88, line 1, leave out sub-paragraphs (2) and (3) and insert—

‘(2) The maximum authorisation period is the shorter of these periods—

(a) the period which, in the assessor’s opinion, would be the appropriate maximum period for the relevant person to be a detained resident under the standard authorisation that has been requested;

(b) 1 year, or such shorter period as may be prescribed in regulations.

(3) Regulations under sub-paragraph (2)(b)—

(a) need not provide for a shorter period to apply in relation to all standard authorisations;

(b) may provide for different periods to apply in relation to different kinds of standard authorisations.

(4) Before making regulations under sub-paragraph (2)(b) the Secretary of State must consult all of the following—

(a) each body required by regulations under paragraph 161 to monitor and report on the operation of this Schedule in relation to England;

(b) such other persons as the Secretary of State considers it appropriate to consult.

(5) Before making regulations under sub-paragraph (2)(b) the National Assembly for Wales must consult all of the following—

(a) each person or body directed under paragraph 162(2) to carry out any function of the Assembly of monitoring and reporting on the operation of this Schedule in relation to Wales;

(b) such other persons as the Assembly considers it appropriate to consult.’.

Prepared: 1 May 2007