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Changes to the Mental Health and Mental Capacity Acts: implications for patients and professionals

  • Ian Hall (a1) and Afia Ali (a2)
Summary

The new Mental Health Act 2007 for England and Wales has introduced substantial amendments to the 1983 Mental Health Act and has also amended the Mental Capacity Act 2005. Most provisions came into effect in November 2008. the introduction of supervised community treatment, changes to professional roles such as the role of ‘responsible clinician’, and the introduction of deprivation of liberty safeguards in the Mental Capacity Act are discussed. Many of the new safeguards in the Act are welcomed by clinicians and service user groups. However, other changes are more controversial and could potentially lead to an increase in the work load of clinicians.

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Copyright
This is an Open Access article, distributed under the terms of the Creative Commons Attribution (CC-BY) license (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
References
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1 Department of Health. Code of Practice, Mental Health Act 1983. TSO (The Stationery Office), 2008.
2 Statutory Instruments. No. 1206 Mental Health, England. the Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008. TSO (The Stationery Office), 2008.
3 Secretary of State for Health. National Health Service Act 2006: Mental Health Act 1983 Approved Clinician (General) Directions 2008. TSO (The Stationery Office), 2008.
4 Department of Health. Reference Guide to the Mental Health Act 1983. TSO (The Stationery Office), 2008.
5 Department of Health. Mental Health Act 2007: Patients on After-care under Supervision (ACUS): Transitional Arrangements. Department of Health, 2008.
6 Ministry of Justice. Mental Capacity Act 2005: Deprivation of Liberty Safeguards: Code of Practice to supplement the main Mental Capacity Act 2005 Code of Practice. TSO (The Stationery Office), 2008.
7 Statutory Instruments. No. 1858 Mental Capacity, England. the Mental Capacity Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence Regulations 2008. TSO (The Stationery Office), 2008.
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BJPsych Bulletin
  • ISSN: 0955-6036
  • EISSN: 1472-1473
  • URL: /core/journals/bjpsych-bulletin
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Changes to the Mental Health and Mental Capacity Acts: implications for patients and professionals

  • Ian Hall (a1) and Afia Ali (a2)
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