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Report Stage Proceedings: 18th June 2007                

390

 

Mental Health Bill [Lords], continued

 
 

(b)    

because the supervisory body had reason to believe one or

 

more of the things in section 39D(5).

 

(4)    

The second condition is that the other advocate would be instructed

 

because of a request by P.” ’.

 

Ms Secretary Hewitt

 

Agreed to  62

 

Page  132,  line  15  [Schedule  8],  after ‘40’, insert ‘(as substituted by section

 

[Independent mental capacity advocacy service: exceptions] of this Act)’.

 

Ms Secretary Hewitt

 

Agreed to  63

 

Page  132,  line  17  [Schedule  8],  leave out from ‘for’ to end of line 18 and insert ‘“or

 

39(4) or (5)” substitute “, 39(4) or (5), 39A(3), 39C(3) or 39D(2)”.’.

 

Ms Secretary Hewitt

 

Agreed to  64

 

Page  132,  line  22  [Schedule  8],  leave out from ‘matters’ to end of line 23 and insert

 

‘to which a duty mentioned in subsection (1) relates.”’.

 


 

Ms Secretary Hewitt

 

Agreed to  65

 

Page  134,  line  18  [Schedule  8],  at end insert—

 

“Section 39D

Instructing independent mental capacity

 
  

advocate when representative for relevant

 
  

person under Part 10 of Schedule A1 to the Act

 
  

is not being paid.”

 
 


 

Ms Secretary Hewitt

 

Agreed to  66

 

Page  136,  line  41  [Schedule  9],  at end insert—

 

‘Independent mental health advocates

 

    (1)  

Section [Independent mental health advocates]—

 

(a)    

applies to a patient who is liable to be detained under the 1983 Act

 

immediately before the commencement date as it applies to a patient

 

who becomes so liable on or after that date;

 

(b)    

applies to a patient who is subject to guardianship under that Act

 

immediately before the commencement date as it applies to a patient

 

who becomes so subject on or after that date;

 

(c)    

applies to a patient who is a community patient under that Act

 

immediately before the commencement date as it applies to a patient

 

who becomes a community patient on or after that date.


 
 

Report Stage Proceedings: 18th June 2007                

391

 

Mental Health Bill [Lords], continued

 
 

      (2)  

For the purposes of the provisions inserted by that section, a patient is to be

 

treated as a qualifying patient within section 130C(3) of the 1983 Act if—

 

(a)    

not being a formal patient, he discussed before the commencement

 

date with a registered medical practitioner or approved clinician the

 

possibility of being given a form of treatment to which section 57 of

 

that Act applies, and

 

(b)    

sub-paragraph (4) or (5) applies in relation to him.

 

      (3)  

A patient is also to be treated for those purposes as a qualifying patient within

 

section 130C(3) of the 1983 Act if—

 

(a)    

not having attained the age of 18 years and not being a formal patient,

 

he discussed before the commencement date with a registered medical

 

practitioner or approved clinician the possibility of being given a form

 

of treatment to which section 58A of that Act applies, and

 

(b)    

sub-paragraph (4) or (5) applies in relation to him.

 

      (4)  

This sub-paragraph applies in relation to the patient if, immediately before the

 

commencement date, he has yet to be informed whether or not the treatment is

 

proposed in his case.

 

      (5)  

This sub-paragraph applies in relation to the patient if, immediately before the

 

commencement date—

 

(a)    

he has been informed that the treatment is proposed in his case,

 

(b)    

the proposal has not been withdrawn, and

 

(c)    

the treatment has not been completed or discontinued.

 

      (6)  

A qualifying patient in relation to whom sub-paragraph (4) applies and who is

 

informed on or after the commencement date that the treatment is proposed in

 

his case, or in relation to whom sub-paragraph (5) applies, remains a qualifying

 

patient until—

 

(a)    

the proposal is withdrawn, or

 

(b)    

the treatment is completed or discontinued.

 

      (7)  

In relation to a patient who is a qualifying patient within section 130C(3) of the

 

1983 Act by virtue of this paragraph, the responsible person under section

 

130D of that Act is to be the person with overall responsibility for the patient’s

 

case (and subsection (2)(e) of that section is to be read accordingly).

 

      (8)  

Sub-paragraph (9) applies in relation to a patient—

 

(a)    

who is a qualifying patient within section 130C(2) of the 1983 Act by

 

virtue of being a formal patient immediately before the

 

commencement date, or

 

(b)    

who is a qualifying patient within section 130C(3) of that Act by virtue

 

of this paragraph.

 

      (9)  

The steps to be taken under subsection (1) of section 130D of that Act are to

 

be taken on, or as soon as practicable after, the commencement date (and

 

subsection (3) of that section is to be read accordingly).

 

    (10)  

In this paragraph—

 

“approved clinician” has the same meaning as in the 1983 Act,

 

“the commencement date” means the date on which section [Independent

 

mental health advocates] comes into force, and

 

“formal patient” means a patient who is—

 

(a)    

liable to be detained under the 1983 Act (otherwise than by virtue

 

of section 4, 5(2) or (4), 135 or 136 of that Act),

 

(b)    

subject to guardianship under that Act, or


 
 

Report Stage Proceedings: 18th June 2007                

392

 

Mental Health Bill [Lords], continued

 
 

(c)    

a community patient under that Act.’.

 


 

Ms Secretary Hewitt

 

Agreed to  67

 

Title,  line  1,  after ‘1983’, insert ‘, the Domestic Violence, Crime and Victims Act 2004’.

 

Ms Secretary Hewitt

 

Agreed to  68

 

Title,  line  2,  after ‘persons;’, insert ‘to amend section 40 of the Mental Capacity Act

 

2005;’.

 


 

New Clauses and amendments relating to children (other than those

 

relating to supervised community treatment); amendments relating to

 

professional roles

 

Accommodation, etc.

 

Ms Secretary Hewitt

 

Tim Loughton

 

Angela Browning

 

Mr Tim Boswell

 

Mr Charles Walker

 

James Duddridge

 

Added  NC4

 

To move the following Clause:—

 

‘(1)    

The 1983 Act is amended as follows.

 

(2)    

In section 39 (power of court to request information about hospitals), after

 

subsection (1) insert—

 

“(1A)    

In relation to a person who has not attained the age of 18 years,

 

subsection (1) above shall have effect as if the reference to the making of

 

a hospital order included a reference to a remand under section 35 or 36

 

above or the making of an order under section 44 below.

 

(1B)    

Where the person concerned has not attained the age of 18 years, the

 

information which may be requested under subsection (1) above

 

includes, in particular, information about the availability of

 

accommodation or facilities designed so as to be specially suitable for

 

patients who have not attained the age of 18 years.”

 

(3)    

After section 131 insert—

 

“131A

Accommodation, etc. for children

 

(1)    

This section applies in respect of any patient who has not attained the age

 

of 18 years and who—

 

(a)    

is liable to be detained in a hospital under this Act; or

 

(b)    

is admitted to, or remains in, a hospital in pursuance of such

 

arrangements as are mentioned in section 131(1) above.


 
 

Report Stage Proceedings: 18th June 2007                

393

 

Mental Health Bill [Lords], continued

 
 

(2)    

The managers of the hospital shall ensure that the patient’s environment

 

in the hospital is suitable having regard to his age (subject to his needs).

 

(3)    

For the purpose of deciding how to fulfil the duty under subsection (2)

 

above, the managers shall consult a person who appears to them to have

 

knowledge or experience of cases involving patients who have not

 

attained the age of 18 years which makes him suitable to be consulted.

 

(4)    

In this section, “hospital” includes a registered establishment.”

 

(4)    

In section 140 (the title to which becomes “Notification of hospitals having

 

arrangements for special cases”), for the words from “for the reception” to the end

 

substitute “—

 

(a)    

for the reception of patients in cases of special urgency;

 

(b)    

for the provision of accommodation or facilities designed so as

 

to be specially suitable for patients who have not attained the age

 

of 18 years.”’.

 


 

Age appropriate treatment

 

Mr Andrew Dismore

 

Dr Evan Harris

 

Not called  nc8

 

To move the following Clause:—

 

‘After section 131 of the 1983 Act (Informal admission of patients) insert—

 

“131A

Admission to age appropriate setting and age appropriate treatment

 

(1)    

In the case of any child or young person under the age of 18 years who is

 

admitted to any hospital or registered establishment for treatment for

 

mental disorder, whether informally or otherwise, the responsible

 

Primary Care Trust or Local Health Board shall , at the time of admission

 

or as soon as reasonably practicable thereafter, appoint a registered

 

medical practitioner or clinical psychologist with specialist training in

 

child or adolescent mental health to assess the healthcare needs of the

 

child or young person.

 

(2)    

It shall be the duty of the responsible Primary Care Trust or Local Health

 

Board to provide the child or young person admitted to a hospital or

 

registered establishment in accordance with subsection (1) with such

 

healthcare services (whether by way of suitable hospital accommodation,

 

specialist medical services or otherwise) as necessary to meet the

 

healthcare needs as assessed under subsection (1).

 

(3)    

In this section the ‘responsible Primary Care Trust or Local Health

 

Board’ means the Primary Care Trust or Health Authority responsible for

 

providing healthcare services to the child or young person under the

 

National Health Service Act 2006 (c. 41).”’.

 



 
 

Report Stage Proceedings: 18th June 2007                

394

 

Mental Health Bill [Lords], continued

 
 

Mr Andrew Dismore

 

Dr Evan Harris

 

Negatived  70

 

Page  5,  line  37  [Clause  9],  at end insert—

 

‘(aa)    

in subsection (3)—

 

(i)    

after paragraph (a) insert—

 

“(aa)    

to arrange for the patient to be examined by the

 

registered medical practitioner or chartered

 

clinical psychologist who has been

 

professionally concerned with the medical

 

treatment of the patient; or if no such

 

practitioner is available, a registered medical

 

practitioner or chartered clinical psychologist

 

who is an approved clinician; and,”

 

(ii)    

in paragraph (b), for “if it appears to him that the conditions set

 

out in subsection (4) are satisfied, to” substitute “if the

 

responsible clinician and the medical practitioner or chartered

 

clinical psychologist (as the case may be) agree that the

 

requirements of subsection (4) are satisfied, the responsible

 

clinician shall”’.

 

Tim Loughton

 

Dr John Pugh

 

Angela Browning

 

Sandra Gidley

 

Mr Tim Boswell

 

Mr Charles Walker

 

Not called  93

 

Page  5,  line  37  [Clause  9],  at end insert—

 

‘( )    

In subsection (3), leave out from end of paragraph (b) to end of subsection and

 

insert—

 

“(3A)    

Where a report under subsection (3) above is furnished in respect of a

 

patient the managers shall arrange for an approved clinician who is a

 

member of a different profession to that of the responsible clinician to

 

examine the patient;

 

(3B)    

If it appears to him that the conditions set out in subsection (4) below are

 

satisfied the approved clinician shall furnish to the managers of the

 

hospital where the patient is detained a report to that effect in the

 

prescribed form and where such a report is furnished in respect of a

 

patient the managers shall, unless they discharge the patient, cause him

 

to be informed.”.’.

 

Tim Loughton

 

Dr John Pugh

 

Angela Browning

 

Sandra Gidley

 

Mr Tim Boswell

 

Mr Charles Walker

 

Not selected  94

 

Page  5,  line  40  [Clause  9],  at end insert—

 

‘( )    

After subsection (4) insert—


 
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