DMH 307 Memorandum from Bedfordshire, Buckinghamshire,
Luton and Milton Keynes Consortium
We note some improvements made to the 2002
draft e.g. carers' rights to be considered, safeguards for
children and young people and ECT for patients over 16.
We are aware that you have received detailed responses
to the new draft and we wish to add our voice to the consultation
process -in order to highlight our remaining concerns about the
Bill:
- consultation period too short
- new draft does not appear to mention the Mental
Capacity Bill
- we are asked about the Regulations and Code of
Practice yet they are not due to be published until 2007!
- continued concerns about the abolition of the Approved
Social Worker role and the introduction of the role of the Approved
Mental Health Professional. The ASW role is unique in that
the practitioner, employed by the local authority to perform this
role, operates independently with personal accountability.
We are concerned also that opening the role up to other professionals
will detract from their clinical work.
- the definition of 'mental disorder' remains
vague and too broad; and there are no exclusions as in the
1983 act, exclusions which serve to prevent unnecessary
detentions. It appears also as likely to lead to breaches
of individuals' Human Rights.
- the introduction of the concept of a 'Nominated
Person' is good in principle, but for the Approved Mental Health
Professional to appoint this person at the time of a patient's
admission seems problematic
- re: Mental Health Review Tribunals;
the availability of panel members is currently very limited leading
to regular abuse of patients' rights. Under the new proposals
MHRTs will be doubled. The implications are obvious.
- there are huge financial and other resource implications
- in recruiting advocates, where will
they come from?
- and recruiting staff into new specialist
teams is currently proving very difficult throughout the country
- we will need, as 'available and appropriate treatment',
specialist local community and in-patient units for people with
severe personality disorders (acute psychiatric wards are
not set up to cope with people with substance abuse and personality
disorder)
- we are reducing in-patient beds before other community
services - including respite beds - are established and then fully
staffed. These services will be essential for patients on
Non-Resident Treatment Orders.
We are very concerned about the transition period
between the 1983 Act and the implementation of the new Bill.
Trusts throughout the country are in different states of readiness
and, therefore, planning and timing is crucial.
ROSEMARY TOLLEY
on behalf of the ASW's of the Bedfordshire, Buckinghamshire,
Luton and Milton Keynes Consortium
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