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Safeguarding the interests of all people detained under the Mental Health Act

Monitoring the Mental Health Act: How will the functions of the Mental Health Act Commission be performed by the Care Quality Commission? Kamlesh Patel. Safeguarding the interests of all people detained under the Mental Health Act.

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Safeguarding the interests of all people detained under the Mental Health Act

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  1. Monitoring the Mental Health Act: How will the functions of the Mental Health Act Commission be performed by the Care Quality Commission? Kamlesh Patel

  2. Safeguarding the interests of all people detained under the Mental Health Act • Transfers to the CQC Mental Health Act powers and duties in respect of: • visiting; • managing the second opinion service; • adjudicating appeals against the withholding of patient’s mail in the high security hospitals; • complaints investigation.

  3. Safeguarding the interests of all people detained under the Mental Health Act “keep under review the exercise of powers and discharge of duties conferred or imposed by this Act so far as relating to the detention of patients” & “to visit and interview in private patients detained under this Act”.

  4. Safeguarding the interests of all people detained under the Mental Health Act • Current remit includes: • 40 staff; • 107 part time Commissioners; • unannounced, short notice visits; • every hospital year; every ward 18 months; • 1600 visits per year; • meetings with 6000+ patients per year; • 11,000+ second opinions per year.

  5. Safeguarding the interests of all people detained under the Mental Health Act Optional Protocol to the Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment (OPCAT) (2006). OPCAT is an important addition to the UN Convention Against Torture (1984) and establishes an international inspection system for places of detention. The objective of Article 1 of the Protocol is “to establish a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment”.

  6. Safeguarding the interests of all people detained under the Mental Health Act “frequent consultations at all levels both by correspondence and by personal discussions with members and staff of boards and committees, discussions of particular proposals for expansion and development, and, when occasion arises, investigation of complaints received by patients, other members of the public and Members of Parliament” Royal Commission on the Law Relating to Mental Illness and Mental Deficiency 1954-57 (Percy Commission Report), para 724

  7. Safeguarding the interests of all people detained under the Mental Health Act … an example of inefficiency because of our merger: we have a monthly meeting with the health inspectors to discuss cases. We, the mental health inspectors, now have to read cases about very technical medical mistakes, made in hospitals, and also we have to spend hours exchanging information about such cases. Interesting, but hardly comparable with our experiences, and so at the cost of our own expertise-buildingDr. M.C.G. van derZanden, Inspecteurvoor de GezondheidszorgRegiokantoorNoordwest, Amsterdam. Personal correspondence to Mat Kinton, MHAC Policy Unit, 10 January 2007.

  8. Safeguarding the interests of all people detained under the Mental Health Act Report on the first two years of the Mental Health Act Commission Service User Involvement Strategy

  9. Safeguarding the interests of all people detained under the Mental Health Act

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