Joint Committee on the Draft Mental Health Bill - First Report

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Joint Committee on the Draft Mental Health Bill Publications

Joint Committee on the Draft Mental Health Bill - First Report

Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Lords and the House of Commons to be printed 9 March 2005.

CONTENTS

Terms of Reference

REPORT

SUMMARY

1  BACKGROUND

The Committee's inquiry
Overview
Origins
The post-1983 policy environment

Reducing stigma
Public protection and risk management
Human Rights Act 1998
Towards a new Mental Health Act

The draft Mental Health Bill 2004

2  PRINCIPLES AND CODES OF PRACTICE

Introduction
Principles

The significance of general principles
The nature of the principles
The disapplication of general principles

Codes of practice

3  DEFINITIONS AND CONDITIONS

Introduction

The current framework
The framework proposed in the 2004 draft Mental Health Bill
The interrelationship between definition and conditions

The definition of mental disorder

Review of the definition
Proposed changes and additions to the definition
Specific exclusions

Conditions for the use of compulsory powers

The single gateway to assessment and treatment
The combined effect of the proposed definition and conditions

4  INTERFACE WITH THE MENTAL CAPACITY BILL

Advance Statements

The "Bournewood Gap"

5  COMPULSORY TREATMENT IN THE COMMUNITY

Introduction
The principle and efficacy of non-residential compulsory powers

The principle
Efficacy

The framework proposed in the draft Bill

A substitute for resources?

6  CHILD AND ADOLESCENT MENTAL HEALTH SERVICES

Background
Issues
The position of 16 and 17 year olds
Under 18 year olds treated on adult wards
Assessment of under 18 year olds
Tribunals hearing the cases of under 18 year olds
The draft Bill and the Children Acts 1989 and 2004
Care planning
Educational facilities
Electroconvulsive therapy (ECT) for under 18 year olds

7  PATIENTS CONCERNED IN CRIMINAL PROCEEDINGS, RESTRICTED PATIENTS AND VICTIMS

Introduction

Bail and remand provisions
Sentencing disposals
Transfer of prisoners

Criteria for compulsion in Part 3
Transfers and leave of absence
The role of courts in approving care plans
Role of nominated persons
Victims

Victim statements

8  INSTITUTIONAL SAFEGUARDS

Introduction
Mental Health Tribunals

The Functions of the Mental Health Tribunal
Resources
Role and functions of the tribunals
Composition of the tribunals

Mental Health Appeal Tribunal

A right of appeal

Abolition of the Mental Health Act Commission and transfer of responsibilities to the Commission for Healthcare Audit and Inspection

Background
Duties of the Commission for Healthcare Audit and Inspection
Resources

9  OTHER RIGHTS AND SAFEGUARDS FOR PATIENTS, CARERS AND RELATIVES

Introduction
The right to an examination, assessment, and aftercare

Right to an examination and assessment
Right to aftercare

The care plan

Content and format
Patient involvement
Availability of treatment

Treatment

Type A treatments - psychosurgery
Type B treatments
Electroconvulsive therapy (ECT)
Other treatments
Emergency drug treatment

The mental health advocacy service

Funding for the mental health advocacy service
Quality and independence of the mental health advocacy service
The role and responsibilities of the mental health advocacy service

Carers and nominated persons

Nominated persons
Carers - role and rights

10  RESOURCES AND PROFESSIONAL ROLES

Trends in mental health
How much will it cost?
Consequences of getting it wrong
Conclusions

Professional Roles

The Approved Mental Health Professional (AMHP)
The role of the clinical supervisor

11  THE APPLICATION OF THE BILL IN WALES AND DEVOLVED ISSUES

Application of the Bill in Wales
MPs and Members of devolved legislatures who become mentally-ill

CONCLUSIONS AND RECOMMENDATIONS

ANNEX 1: EXTRACT FROM PRESS NOTICE NO. 1 ISSUED 16 SEPTEMBER 2004: JOINT COMMITTEE SEEKS EVIDENCE ON DRAFT MENTAL HEALTH BILL

ANNEX 2: PROGRAMME OF VISITS UNDERTAKEN BY THE JOINT COMMITTEE ON THE DRAFT MENTAL HEALTH BILL DURING THE COURSE OF ITS INQUIRY

ANNEX 3: GLOSSARY

ANNEX 4: SCHEDULE OF DETAILED COMMENTS ON THE DRAFT MENTAL HEALTH BILL WITH RESPONSES FROM THE GOVERNMENT

FORMAL MINUTES
WITNESSES
LIST OF WRITTEN EVIDENCE
LIST OF UNPRINTED WRITTEN EVIDENCE

MINUTES OF EVIDENCE - VOLUME II (HL 79-II / HC 95-II)

Wednesday 20 October 2004
Wednesday 27 October 2004
Wednesday 3 November 2004
Wednesday 10 November 2004
Wednesday 17 November 2004
Wednesday 1 December 2004
Wednesday 8 December 2004
Wednesday 15 December 2004
Wednesday 12 January 2005 (morning)
Wednesday 12 January 2005 (afternoon)
Wednesday 19 January 2005
Wednesday 26 January 2005 (morning)
Wednesday 26 January 2005 (afternoon)
Wednesday 2 February 2005 (morning)
Wednesday 2 February 2005 (afternoon)

WRITTEN EVIDENCE - VOLUME III (HL 79-III / HC 95-III)

© Parliamentary copyright 2005
Prepared 23 March 2005