Mental Health Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 25

 

LORD PATEL OF BRADFORD
EARL HOWE
BARONESS BARKER

42Page 18, line 46, at end insert—
"17HCare planning for supervised community treatment
(1)  The responsible clinician and the approved medical health professional shall ensure that a care plan is provided for the patient throughout his time on a community treatment order.
(2)  The care plan should be drawn up in consultation, where appropriate, with—
(a)  the patient;
(b)  their nearest relative; and
(c)  any other persons involved in caring for the patient;
  before the order begins and shall stipulate what treatment is to be offered to the patient.
(3)  Further requirements of care planning may be specified for the purposes of this section by regulations made by the Secretary of State.
(4)  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.
(5)  Where the care plan is not implemented in full, the Mental Health Review Tribunal may require the patient to be discharged from the order unless the health authority or the local authority (or both) provide the agreed service."
 

EARL HOWE
LORD CARLILE OF BERRIEW
BARONESS MURPHY

 The above-named Lords give notice of their intention to oppose the Question that Clause 25 stand part of the Bill.
 

Schedule 3

 

LORD PATEL OF BRADFORD
BARONESS BARKER
EARL HOWE

43Page 58, line 31, at end insert—
      "In section 121 of the 1983 Act (Mental Health Act Commission), after subsection (4) insert—
    "(4A)      The Secretary of State shall, after consultation with the Commission and with such other bodies as appear to him to be concerned, direct the Commission to keep under review the care and treatment, or any other aspect of treatment, of all patients in hospitals, independent hospitals and in such other settings as he may decide who are subject to sections 4A and 4B of the Mental Capacity Act 2005.
    (4B)      Where the Commission has good cause to suspect that a patient who is neither liable to be detained under this Act, nor subject to safeguards under sections 4A and 4B of the Mental Capacity Act 2005, is being deprived of his liberty as a consequence of admission to a hospital or an independent hospital, it may—
    (a)  keep under review the care and treatment, or any other aspect of treatment, of that patient; and
    (b)  raise any concerns with the appropriate authority.""
44Page 58, line 31, at end insert—
      "In section 121 of the 1983 Act (Mental Health Act Commission), in subsections (5) and (6), for "subsection (4) above" substitute "subsections (4), (4A) and (4B) above"."
45Page 58, line 31, at end insert—
      "After section 121 of the 1983 Act insert—
    "121AMental Health Act Commission: notification
    (1)      Hospitals and independent hospitals in which patients are liable to be detained under this Act shall notify the Commission of every hospital admission to specify—
    (a)  the age and sex of the patient;
    (b)  the ethnic group to which the patient belongs; and
    (c)  the patient's religion.
    (2)      The notification shall specify whether the patient is admitted voluntarily or subject to this Act, or if, subsequent to voluntary admission, the patient is detained under this Act.
    (3)      Hospitals and independent hospitals in which patients are liable to be detained under this Act shall notify the Commission of every discharge—
    (a)  from the provisions of this Act, or
    (b)  from the hospital.
    (4)      In the case of notifications under subsection (3)(a) above, the notification shall specify whether the patient is subject to a community treatment order and where the patient is subject to a community treatment order the hospital shall notify the Commission when this ends.
    (5)      Hospitals and independent hospitals shall notify the Commission of the death of any patient liable to be detained under this Act or subject to supervised community treatment detailing—
    (a)  the cause of death;
    (b)  the age and sex of the patient;
    (c)  the ethnic group to which the patient belongs; and
    (d)  the patient's religion.
    (6)      Further notification requirements may be specified for the purposes of this section by regulations made by the Secretary of State.
    (7)      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.""
 

LORD PATEL OF BRADFORD
EARL HOWE
BARONESS BARKER

46Page 58, line 35, at end insert—
      "After section 131 of the 1983 Act insert—
    "131ACare planning for patients detained or liable to be detained
    (1)      The responsible clinician shall ensure that a care plan is provided for any patient who is detained or liable to be detained under the powers of this Act.
    (2)      The care plan should be drawn up in consultation, where appropriate, with—
    (a)  the patient;
    (b)  their nearest relative; and
    (c)  any other persons involved in caring for the patient;
      and shall stipulate what treatment is to be offered to the patient.
    (3)      Further requirements of care planning may be specified for the purposes of this section by regulations made by the Secretary of State.
    (4)      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.
    (5)      Where the care plan is not implemented in full, the Mental Health Review Tribunal may require the patient to be discharged from the order unless the health authority or the local authority (or both) provide the agreed service.""
 

EARL HOWE
LORD CARLILE OF BERRIEW
BARONESS MURPHY

 The above-named Lords give notice of their intention to oppose the Question that Schedule 3 be the Third Schedule to the Bill.
 

Schedule 4

 

EARL HOWE
LORD CARLILE OF BERRIEW
BARONESS MURPHY

 The above-named Lords give notice of their intention to oppose the Question that Schedule 4 be the Fourth Schedule to the Bill.
 

Clause 26

 

EARL HOWE
LORD CARLILE OF BERRIEW
BARONESS MURPHY

 The above-named Lords give notice of their intention to oppose the Question that Clause 26 stand part of the Bill.
 

Clause 27

 

EARL HOWE
LORD CARLILE OF BERRIEW
BARONESS MURPHY

 The above-named Lords give notice of their intention to oppose the Question that Clause 27 stand part of the Bill.
 

Clause 28

 

EARL HOWE
LORD CARLILE OF BERRIEW
BARONESS MURPHY

 The above-named Lords give notice of their intention to oppose the Question that Clause 28 stand part of the Bill.
 

Clause 29

 

EARL HOWE
LORD CARLILE OF BERRIEW
BARONESS MURPHY

 The above-named Lords give notice of their intention to oppose the Question that Clause 29 stand part of the Bill.
 

Clause 31

 

EARL HOWE
BARONESS MURPHY
LORD PATEL OF BRADFORD
BARONESS NEUBERGER

47Page 31, line 40, at end insert—
"(   )  In section 70 (applications to tribunals concerning patients subject to hospital and guardianship orders), at the end insert—
    "(2)  An application under subsection (1) may be made on the patient's behalf by his nearest relative.""
48Page 31, line 40, at end insert—
"(   )  In section 73 (powers to discharge restricted patients), after subsection (7), insert—
    "(7A)  Where a tribunal does not direct the discharge of a restricted patient under subsection (1) above, the tribunal may, with a view to facilitating his discharge on a future date, order that he be granted leave of absence under section 17 or 19 or be transferred to another hospital.""
49Page 32, line 4, at end insert—
"(   )  In section 78 (procedure of tribunals), after subsection (9), insert—
    "(9A)  The Lord Chancellor shall provide for membership of Mental Health Review Tribunals to include the following groups of people—
    (a)  service users; and
    (b)  carers;
      and to take full account of issues of diversity including ethnicity, gender and religion.""
50Page 32, line 4, at end insert—
"(   )  In section 78 (procedure of tribunals), after subsection (9), insert—
    "(9B)  The Lord Chancellor shall provide that where a patient is under the age of 18, the Mental Health Review Tribunal must include a professional with appropriate expertise in child and adolescent mental health services.""
 

After Clause 31

 

EARL HOWE
BARONESS VERMA
BARONESS MURPHY
BARONESS NEUBERGER

51Insert the following new Clause—
  "Referral to tribunal by hospital manager
  After section 66 of the 1983 Act insert—
    "66AReferral to tribunal by hospital manager
    (1)  Where a patient who is admitted to hospital in pursuance of an application for admission does not exercise his right to apply to the Mental Health Review Tribunal under section 66(1) above, the managers of the hospital shall, before the expiration of the period for making such application, consider whether—
    (a)  the patient lacks capacity to decide whether to make such an application; and
    (b)  there is any good reason why such an application should not be made.
    (2)  In considering whether there is any good reason why an application under subsection (1) above should not be made, the hospital manager shall have regard to the wishes of the patient.
    (3)  Where the hospital manager reasonably believes that the patient lacks capacity and that there is no good reason why an application under subsection (1) above should not be made, he shall refer the patient's case to the Tribunal unless an application has already been made.""
 

EARL HOWE
BARONESS VERMA
BARONESS NEUBERGER

51AInsert the following new Clause—
  "Duty of Secretary of State
  In section 66 of the 1983 Act (applications to tribunals), after subsection (3) insert—
    "(4)  The Lord Chancellor shall be under a general duty to ensure that all cases are heard speedily by a Mental Health Review Tribunal.""
 

Before Clause 35

 

EARL HOWE
BARONESS VERMA
BARONESS NEUBERGER

52Insert the following new Clause—
  "Obstruction
  After section 129(2) of the 1983 Act insert—
    "(2A)  Any person who offers any inducement or makes any threat with a view to improperly influencing any decision required to be made by a person under this Act shall be guilty of an offence.""
 

After Clause 36

 

EARL HOWE
BARONESS VERMA
BARONESS NEUBERGER
LORD PATEL OF BRADFORD

53Insert the following new Clause—
  "Right to move hospital
  After section 19 of the 1983 Act (regulations as to transfer of patients) insert—
    "19ARight 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, cultural or medical needs and wishes.
    (2)  All applications by patients shall be recorded.
    (3)  If an application is refused reasons shall be provided to the patient in writing and, subject to the wishes of the patient, to the nearest relative and any relatives (as defined in section 26) as he shall specify.""

 
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©Parliamentary copyright 2007
16 January 2007