Mental Health Act 1983 Policy

Aim

The aim of this organisation is to ensure that it acts in compliance with the Mental Health Act 1983 and its associated Code of Practice at all times.

Background

Cavendish Professionals recognises that the Mental Health Act 1983 principally relates to the compulsory care and treatment of people who suffer from and are diagnosed with a mental disorder.

Cavendish Professionals understands that April 2015 saw the implementation of an updated Mental Health Act 1983 Code of Practice to support the law. The Code of Practice provides statutory guidance to registered medical practitioners, approved clinicians, managers and staff of service providers and approved mental health professionals on how they should proceed when undertaking duties under the Act.

The Code covers:

five new guiding principles which should be considered when making any decisions under the Act in relation to care, support or treatment
a definition of mental disorder and an affirmation of the human rights of clients
empowering clients and their relatives and carers to be involved in matters relating to their care and treatment
providing information for clients, nearest relatives, carers and others
independent mental health advocates and who can represent a client
attorneys and deputies
assessment, transport and admission to hospital
mental capacity and deprivation of liberty
additional considerations for specific patients
care, support and treatment in hospital
community treatment orders (CTOs), guardianship, after-care and the Care Programme approach.

As well as the Mental Health Act 1983, Cavendish Professionals recognises that the Code has important links to:

the Mental Capacity Act 2005
the deprivation of liberty safeguards
the Care Act 2014.

The Mental Capacity Act 2005 states that where a client might not have the mental capacity to give informed consent about any care and treatment proposed they should be properly assessed in line with the requirements of the Act. If from the assessment it is clear that the person cannot give their informed consent on account of their mental capacity, a decision must be taken in their ‘best interests’ following Mental Capacity Act procedures.

Policy

Where it applies, all care and treatment must be planned and carried out in full compliance with the Mental Health Act 1983 and its associated Code of Practice (updated in 2015).
Managers and staff will ensure that they fully understand, implement and comply with the five guiding principles that underpin the Code of Practice, namely:
that they provide ‘least restrictive’ care options wherever possible and encourage and support clients’ independence and recovery
that they empower and involve clients to be fully involved in decisions about their care, support and treatment and fully consider the views of families, carers and others, where appropriate, when taking decisions
that they ensure that clients, their families and carers are at all times treated with respect and dignity and listened to by the service
that they ensure that any decisions about care and treatment are appropriate to the client concerned, have clear therapeutic aims, promote recovery and are performed to current national guidelines and/or current available best practice guidelines
that they ensure efficiency and equity whereby the organisation works with other providers and with commissioners of care to ensure that the provision of mental healthcare services are of high quality and are given equal priority to physical health and social care services.
Managers and staff will ensure that all five principles are fully implemented and given equal weight when making decisions under the Mental Health Act.
Managers and staff will ensure that all the decisions made relating to clients are lawful and informed by good professional practice, including compliance with the Human Rights Act 1998 (HRA) and Equality Act 2010.
Clients, and their relatives and representatives, will be given adequate information – in a format that they can understand – about their care and treatment, and be given every opportunity to ask questions and have their information needs met, including information about making complaints and appealing against care and treatment decisions.
Where a person with a mental health problem lacks mental capacity to make a decision, all decisions relating to their care and treatment will be made in compliance with the principles of the Mental Capacity Act 2005 and in their best interests. No assumption will be made that mental ill-health equates to a lack of capacity which will be assessed and reviewed throughout the decision making process in compliance with the Act.
Clear and accurate records will be kept of all decisions made on behalf of a person who lacks capacity. Records should enable the organisation to provide evidence that decisions have been taken in line with the requirements of the Mental Capacity Act 2005 or, where relevant, the Mental Health Act 1983, and their associated Codes of Practice.
Wherever possible staff should avoid the use of ‘blanket restrictions’ – or any practice that restricts the freedom of clients – which are routinely applied to all clients without individual risk assessments. Where a restriction is required to safeguard a particular client, an individual risk assessment should be completed and action taken within a suitable legal framework.
Where staff or managers identify any possible breach of compliance with the Mental Health Act or its Code of Practice, this should be reported immediately. All potential breaches should be fully investigated and appropriate action taken. Governance arrangements should ensure that such reports and investigations are escalated to senior management and to board level.
All complaints relating to the Code of Practice should be recorded, logged and appropriately investigated by someone with sufficient seniority and understanding of the Mental Health Act 1983 and associated legislation. Appropriate action should be taken following the investigations.
Effective governance processes should be in place whereby the organisation can continuously monitor its compliance with the Code of Practice as part of its audit arrangements and continuous quality monitoring processes.
Copies of the Code of Practice will be made available to new staff.

Management duties

Managers have a duty to:

regularly audit the use of this policy
monitor complaints and reports of incidents relating to Mental Health Act issues, fully investigating and taking action and escalating issues to board level as required
ensure that clients, and their relatives and representatives, are given appropriate information about the care and treatment provided and have adequate processes in place to be able to ask questions and to have their thoughts listened to and acted upon
ensure that clients, and their relatives and representatives, have adequate processes in place to be able to register complaints or raise issues and appeals under the Mental Health Act.

Staff duties

Staff have a duty to:

always act in full compliance with the Mental Health Act 1983 and the Mental Capacity Act 2005 and their associated Codes of Practice
always act in full compliance with organisational policies and procedures relating to restraint and with the deprivation of liberty safeguards
understand the importance of obtaining consent and acquaint themselves with the procedures for obtaining consent operated in this organisation
comply fully with organisational policies on confidentiality and data protection
attend appropriate training.

Training

At Cavendish Professionals

induction and ongoing training programmes will include guidance on the requirements of the Mental Health Act 1983 and its updated Code of Practice relevant to the role of staff
all staff will be trained in the requirements of the Mental Capacity Act and with the associated deprivation of liberty safeguards
all staff will be trained in the application of the Equality Act 2010, respect for human rights, and the concepts of making reasonable adjustments in the provision of person-centred care.

Date: January 2024

Version: 7 (Review)

Source: ECM