House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 15th May 2007
24

Mental Health Bill–[ [], continued

(4)
In Part 1 of Schedule 1 (application of certain provisions to patients subject to

hospital and guardianship orders: patients not subject to special restrictions), in

paragraph 1, for “25C” substitute “26”.’.

Commencement of section [Repeal of provisions for after-care under supervision]

Ms Rosie Winterton

Added  NC13

To move the following Clause:—

‘(1)
An order under section 53 providing for the commencement of section [Repeal of

provisions for after-care under supervision] may, in particular, provide—

(a)
for that section not to apply to or affect a patient who is subject to after-

care under supervision immediately before that commencement, and

(b)
for the patient to cease to be subject to after-care under supervision, and

for his case to be dealt with, in accordance with provision made by the

order.

(2)
The order may require—

(a)
a Primary Care Trust or Local Health Board to secure that the patient is

examined by a registered medical practitioner of a description specified

in the order;

(b)
the registered medical practitioner to examine the patient with a view to

making a decision about his case by reference to criteria specified in the

order.

(3)
The order may require the registered medical practitioner, having complied with

provision made by virtue of subsection (2)(b)—

(a)
to discharge the patient,

(b)
to recommend that he be detained in hospital,

(c)
to recommend that he be received into guardianship, or

(d)
to make a community treatment order in respect of him.

(4)
The order may, in respect of a recommendation made by virtue of subsection

(3)(b) or (c)—

(a)
provide that the recommendation is to be made to a local social services

authority determined in accordance with the order;

(b)
provide that the recommendation is to be made in accordance with any

other requirements specified in the order;

(c)
require the local social services authority determined in accordance with

paragraph (a), in response to the recommendation, to make arrangements

for an approved mental health professional to consider the patient’s case

on their behalf.

(5)
The order may provide that a registered medical practitioner shall not make a

community treatment order in respect of a patient unless an approved mental

health professional states in writing—

(a)
that he agrees with the decision made by the practitioner about the

patient’s case, and

(b)
that it is appropriate to make the order.

(6)
An order requiring a registered medical practitioner to make a community

treatment order in respect of a patient shall include provision about—

Public Bill Committee Proceedings: 15th May 2007
25

Mental Health Bill–[ [], continued

(a)
the effect of the community treatment order (in particular, replacing

after-care under supervision with a contingent requirement to attend, and

be detained at, a hospital), and

(b)
the effect of its revocation (including, in particular, provision for

detention under section 3 of the 1983 Act).

(7)
The order may modify a provision of the 1983 Act in its application in relation to

a patient who is subject to after-care under supervision immediately before the

commencement of section [Repeal of provisions for after-care under

supervision].

(8)
Provision made by virtue of subsection (7) may, in particular—

(a)
modify any of sections 25A to 25J of the 1983 Act in their application in

relation to a patient for so long as he is, by virtue of subsection (1)(a),

subject to after-care under supervision after the commencement of

section [Repeal of provisions for after-care under supervision];

(b)
modify any of sections 17A to 17G, 20A and 20B of that Act (inserted by

section 32 of this Act) in their application in relation to a patient in

respect of whom a community treatment order is made by virtue of

subsection (3)(d).

(9)
A reference in this section to section [Repeal of provisions for after-care under

supervision] includes the amendments and repeals in Schedules 3 and 10

consequential on that section.

(10)
An expression used in this section and in the 1983 Act has the same meaning in

this section as it has in that Act.’.

Independent mental health advocacy

Sandra Gidley

Tim Loughton

Dr John Pugh

Angela Browning

Mr Tim Boswell

Mr Charles Walker

Not called  NC1

To move the following Clause:—

‘(1)
The 1983 Act is amended as follows.

(2)
After section 59 insert—

“59A
Independent mental health advocacy etc.,

(1)
The appropriate authority must arrange, to such extent as it considers

necessary to meet all reasonable requirements, for help from persons to

be known as independent mental health advocates, to be available to

qualifying patients.

(2)
The help available under the arrangements must include—

(a)
help in obtaining information about and understanding—

(i)
what medical treatment is being provided to the patient,

(ii)
why it is being provided,

(iii)
under what authority it is being provided,

Public Bill Committee Proceedings: 15th May 2007
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Mental Health Bill–[ [], continued

(iv)
the requirements of this Act which apply in connection

with the patient’s treatment, and

(v)
the rights which can be exercised by or in respect of him

under this Act, and

(b)
help (by way of representation or otherwise) in exercising those

rights.

(3)
An independent mental health advocate authorised by a patient or his

nearest relative on his behalf may at any reasonable time, for the purpose

of providing, in accordance with the arrangements, help requested by the

patient or his nearest relative, meet the patient in private.

(4)
The appropriate authority may by regulations provide that a person may

act as an independent mental health advocate only—

(a)
if requirements specified in the regulations are met in respect of

him; or

(b)
if requirements specified in the regulations are met in respect of

any person with whom arrangements are made for him to act as

an independent mental health advocate; or

(c)
in circumstances otherwise specified in the regulations.

(5)
In making arrangements under this section, the appropriate authority

must have regard to the principle that the provision of help under the

arrangement should, so far as practicable, be independent of any person

responsible for the patient’s treatment.

(6)
This section applies in respect of the following patients—

(a)
a patient who is liable to be detained by virtue of an application

for admission for assessment or an application for admission for

treatment under Part II of this Act;

(b)
a community patient;

(c)
a patient who is removed to a place of safety within the meaning

of section 135—

(i)
in the execution of a warrant under section 135; or

(ii)
by a constable under section 136,

(d)
an accused person within the meaning of section 35 remanded

under that section to hospital for a report on his mental condition;

(e)
an accused person within the meaning of section 36 remanded

under that section to hospital for treatment;

(f)
a patient in respect of whom there is in force—

(i)
a hospital order,

(ii)
a transfer direction,

(iii)
a hospital direction,

(g)
a patient, not being liable to be detained under this Act, who is

asked to consent to any form of treatment to which section 57

applies.’.

Public Bill Committee Proceedings: 15th May 2007
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Mental Health Bill–[ [], continued

Duty to inform patient of the right of access to an advocate

Sandra Gidley

Tim Loughton

Dr John Pugh

Angela Browning

Mr Tim Boswell

Mr Charles Walker

Not called  NC2

To move the following Clause:—

‘(1)
The 1983 Act is amended as follows—

(2)
After section 59A, inserted by this Act, insert—

“59B
Duty to inform patient of advocacy provision

(1)
The appropriate authority shall have a duty to inform a qualifying patient

of the right to seek the services of an independent mental health advocate

as soon as is reasonably practicable after the patient becomes a qualifying

patient and thereafter, at reasonable intervals—

(a)
at all points where decisions are made about care and treatment;

(b)
on the use of interventions to manage behaviour;

(c)
in any case where an allegation of abuse, including offences

relating to sections 38 to 41 of the Sexual Offences Act 2003, is

made by a qualifying patient.

(2)
In any case where it is proposed that treatment specified by regulations

made by the Secretary of State pursuant to section 58(1)(a) should be

given to a patient, the appropriate authority shall have a duty to inform,

or as the case may be, remind the patient of the right to seek the services

of an independent mental health advocate—

(a)
before the patient is asked to consent to the specified treatment;

or

(b)
before a certificate has been given under section 58(3)(b).

(3)
In the case of a patient who is a qualifying patient by the virtue of section

59A(6)(g) the appropriate authority shall have a duty to inform, or as the

case may be, remind the patient of the right to seek the services of an

independent mental health advocate before he is given any form of

treatment to which section 57 applies.’.

Duty to assess needs

Sandra Gidley

Tim Loughton

Dr John Pugh

Angela Browning

Mr Tim Boswell

Mr Charles Walker

Withdrawn  nc3

To move the following Clause:—

Public Bill Committee Proceedings: 15th May 2007
28

Mental Health Bill–[ [], continued

‘(1)
The 1983 Act is amended as follows—

(2)
After section 1 insert—

“1A
Assessment of needs for health and social care services

(1)
Where it appears to a local authority or a health authority that—

(a)
any person with a mental disorder for whom they may provide or

arrange for the provision of community care services may be in

need of any such services, or

(b)
any person with a mental disorder may be in need of services

which are commissioned by the health authority in respect of

mentally disordered persons—


the authority and the health authority shall carry out a joint assessment of

his needs for those services; and having regard to the results of that

assessment, shall then decide whether his needs call for the provision by

them of any such services.

(2)
Where a local authority or health authority receives a request for an

assessment under subsection (1) in writing by—

(a)
the person with mental disorder,

(b)
the carer, (as defined under section 1 of the Carers and Disabled

Children Act 2000(c.16)),

(c)
the person who is or who would be the nearest relative, or

(d)
an approved mental health professional


the authorities must comply with subsection (3) below.

(3)
The requirement referred to in subsection (2) above is to give notice,

before the expiry of the period of 14 days beginning with the day on

which the request is received, to the person who made the request of

whether the health authority and local authority intends to undertake the

assessment; and if the intention is not to undertake the assessment, of the

reason why that is the case.”.’.

Advance decisions and advance statements

Sandra Gidley

Tim Loughton

Dr John Pugh

Angela Browning

Mr Tim Boswell

Mr Charles Walker

Not called  nc4

To move the following Clause:—

‘(1)
The 1983 Act is amended as follows.

(2)
After section 76 (visiting and examination of patients) insert—

“76A
Advance decisions and advance statements

(1)
In this Act—

Public Bill Committee Proceedings: 15th May 2007
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Mental Health Bill–[ [], continued

(a)
reference to an advance decision is to an advance decision

(within the meaning of the Mental Capacity Act 2005(c.9)) made

by the patient, and

(b)
“valid and applicable” in relation to such a decision means valid

and applicable to the treatment in question in accordance with

section 25 of that Act.

(2)
If an advance decision is found to be valid and applicable to the treatment

regulated by Part 4 of the 1983 Act, the person providing the treatment

shall have regard to the advance decision.

(3)
Where a decision is made which is inconsistent with a valid and

applicable advance decision by the person providing treatment, that

person must comply with the requirements set out in subsection (4)

below.

(4)
Those requirements are—

(a)
the circumstances in which treatment was provided and the

reason for it should be recorded in writing; and

(b)
a copy of that record should be supplied to

(i)
the patient

(ii)
the patient’s nearest relative and another copy placed in

the patients medical notes.

(5)
A person performing a function under this Act shall consider, so far as

reasonably ascertainable the patient’s past and present wishes and

feelings (and in particular any relevant written statement made by him

when he had capacity.”.

(3)
In section 63 (treatment not requiring consent), at the end, insert—

“(2)
When deciding what treatment to give, the approved clinician in charge

of the treatment shall consider so far as reasonably ascertainable the

patient’s past and present wishes and feelings (and in particular any

relevant written statement made by him when he had capacity), and shall

record any treatments requested by the patient in the patient’s medical

record, and if that treatment is not given shall record the reasons for

this.”.’.

Seclusion

Dr John Pugh

Tim Loughton

Sandra Gidley

Angela Browning

Mr Tim Boswell

Mr Charles Walker

Withdrawn  NC5

To move the following Clause:—

‘(1)
The 1983 Act is amended as follows.

(2)
After section 142 insert—

“142A
Use of seclusion and other forms of behaviour management

Public Bill Committee Proceedings: 15th May 2007
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Mental Health Bill–[ [], continued

(1)
This section applies to the use of seclusion, mechanical restraint or other

interventions to manage disturbed behaviour as may be specified for the

purposes of this section by regulations made by the Secretary of State.

(2)
For the purposes of this Act, seclusion means the removal of a patient

without consent from normal levels of association or freedom of

movement for the protection of others from significant harm.

(3)
A patient shall not be so removed except for the purpose stated in

subsection (2) above.

(4)
A patient shall not be subject to any form of intervention to which this

section applies, except in accordance with regulations.

(5)
The Secretary of State shall make regulations prescribing—

(a)
circumstances under which any form of intervention to which

this section applies may be used;

(b)
reporting requirements on the use of any such intervention;

(c)
review of such interventions with a view to bringing the

intervention to an end;

(d)
scrutiny of the use of such interventions; and

(e)
circumstances under which patients subject to such interventions

must be visited by persons authorised by the Commission.

(6)
Before making any regulations for the purposes of this section the

Secretary of State shall consult such bodies as appear to him to be

concerned”.’.

Right to move hospital

Tim Loughton

Sandra Gidley

Angela Browning

Dr John Pugh

Mr Tim Boswell

Mr Charles Walker

Not selected  NC6

To move the following Clause:—

‘(1)
The 1983 Act is amended as follows—

(2)
After section 19 (Regulations as to transfer of patients) of the 1983 Act insert—

“19A
The right to move hospital

(1)
All patients and their families must be informed that a patient can apply

to move from one hospital to another if there is a good reason to do so,

taking into account their family, culture or medical needs and wishes.

(2)
All applications by patients shall be recorded.