DMH 04 Memorandum from Sam Ismail
Dear Sirs,
I would like to enquire about how one could give
some valuable evidence to the committee from a practical point
of view.
I am a Mental Health Act Practitioner, who finds
the Bill absolutely unworkable in terms of implementation when
it comes to the automatic right to appeal to a Mental Health Tribunal
within 28 days of detention. This most certainly is very expensive
to implement with or without a Code of Practice.
The current system that we have between the Home
Office and the Mental Health Review Tribunal is under enormous
amount of difficulties from staff training issues to the lack
of legal and medical members to sufficient funding, all of which
resulted to several litigations and Judicial reviews and challenging
legal proceedings.
The new draft is not compatible with the Human Rights
Act 1998, and the replacement of the so called 'Common Law' by
a forthcoming Capacity Act to avoid more 'Bournwood' Scenarios
is not going to safeguard patients' rights when locked up against
their will under Community Treatment Orders. Also giving the
Healthcare Commission more tasks than they could handle is NOT
in practical terms going to assist the new role of the Mental
Health Act Commission. I think it is vital that Committee Members
are informed of all the possible constrains that this Draft represents
from an operational perspective.
A Bill which is focused on public protection rather
than patients' needs is certainly going to create unbearable difficulties
for all Mental Health professionals including practitioners who
will be expected to co-ordinate Hearings and Appeals whilst working
collaboratively with a Tribunal Office that is already dysfunctional
without the '28 days' constraint.
I hope the committee will take this carefully when
scrutinising the Bill.
Best Wishes
Sam Ismaïl
MHA Practitioner
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