Department of Health
"Providing health and social care policy, guidance and publications for NHS and social care professionals."
- Contact:Department of Health - Mental Health Legislation
- Independent inquiries
- Transfer direction (guidance documents)
- s67 (tribunal references)
Main pages on DH website
- DH mental health home page - A lot of useful resources can be found from this page.
Independent review of the MHA 1983
- Department of Health, 'Policy paper: Terms of Reference - Independent Review of the Mental Health Act 1983' (4/10/17)†. Extract from website: "The independent review of the Mental Health Act will: (a) look at how the legislation is currently used; (b) look at its impact on service users, families and staff; (c) make recommendations for improving the legislation and related practices. The review will be chaired by Professor Sir Simon Wessely, a former President of the Royal College of Psychiatrists. He will produce an interim report in early 2018 and develop a final report containing detailed recommendations, by autumn 2018."
- New Horizons website - In December 2009 "New Horizons" was launched: "Good mental health is important to us all. New Horizons is a cross government programme of action help improve everyone's mental well-being and the services that provide mental health care."
- No health without mental health: a cross-Government mental health outcomes strategy for people of all ages. The government announced this strategy, which alongside various supporting documents is available on the DH website, on 2/2/11.
- Martin Beckford, 'Hospitals face £665,000 fines for putting men and women on same wards' (Telegraph, 19/5/11)
- Dear Colleague letter: Access to health services for military veterans: priority treatment - 9/2/10 - "This letter advises of the guidance in place to ensure that military veterans receive priority access to NHS secondary care, for any conditions which are likely to be related to their service subject to the clinical needs of all patients"
- For those who served: Meeting the healthcare needs of veterans in England - 13/11/09 - Information for military veterans on accessing priority treatment (subject to clinical need) and on accessing help in relation to mental health issues.
Other resources on DH website
- DH, 'Positive Practice, Positive Outcomes: A handbook for professional in the criminal justice system working with offenders with a learning disability' (1/3/11)
- Department of Health, 'Summary of two cases on the meaning of deprivation of liberty: the "MIG and MEG" case and the "A and C" case' (gateway ref 15723, 7/3/11)
- Secretary of State for Health, 'Enabling Excellence: Autonomy and Accountability for Healthcare Workers, Social Workers and Social Care Workers' (Cm 8008, February 2011). This document introduces a Law Commission project into the regulation of healthcare workers in the UK and social workers and social care workers in England.
- Jill Manthorpe and Jo Moriarty, 'Nothing ventured, nothing gained: risk guidance for people with dementia' (Department of Health, gateway ref 14827, 9/11/10)
- Bruce Calderwood, Director of Mental Health and Disability, 'Mental Health Act 1983 - proposed amendments in the Health and Social Care Bill 2011' (Dept of Health Dear Colleague Letter, gateway ref 15451, 19/1/11) - This sets out changes resulting from: (1) the proposed abolition of PCTs and SHAs; (2) the proposed transfer of the regulation of social workers in England from the General Social Care Council (GSCC) to the Health Professions Council (which is to be renamed the Health and Care Professions Council); (3) the proposed removal of the SOAD requirement for consenting capacitous community patients.
- Dept of Health, 'Section 67 of the Mental Health Act' (v3, 13/4/11). The procedure for requesting a reference under s67(1)
- DH, 'National Oversight Group Annual Report 2009-10', 26/11/10 - 'The National Oversight Group for High Secure Services brings together significant partners to provide oversight for the high secure services on behalf of the Secretary of State for Health'
- DH, 'Making written information easier to understand for people with learning disabilities: Guidance for people who commission or produce Easy Read information. Revised Edition 2010', 18/11/10
- DH, 'PL/CNO/2010/3 Eliminating mixed sex accommodation', 18/11/10 - This professional letter discusses the policy that NHS organisations are expected to 'eliminate mixed-sex accommodation, except where it is in the overall best interest of the patient, or reflects their personal choice'; in particular the reporting of and sanctions for breaches, and the obligatory declaration of compliance by 1/4/11
- Dept of Health, 'Guidance on direct payments for community care, services for carers and children's services: England 2009', 4/9/09, updated on 29/10/10
- DH: Absent Without Leave: Definitions of Escape and Abscond - October 2009
- Cross-border transfers of patients under the Mental Health Act - 2/9/10 - This page contains links to the following documents: (1) Cross border patient transfer; (2) Transfer of non-restricted patients to a hospital outside England and Wales; (3) Transfer of responsibility of supervised community treatment patients
- DH: Applications to the First-tier Tribunal (Mental Health) - 2/9/10 - gateway reference 14763 - Summary of when and by whom applications may be made to the First-tier Tribunal
- NHS continuing healthcare practice guidance - 1/4/10 - "This practice guidance supports practitioners and others with responsibilities for NHS continuing healthcare in the implementation of the National Framework for NHS Continuing Healthcare and NHS-funded Nursing Care. It provides a practical explanation of how the Framework should operate on a day-to-day basis and cites examples of good practice."
- Applying the NHS Performance Framework to Mental Health Trusts - published 26/11/09, revised 31/3/10 - "This document informs mental health trusts, PCTs and SHAs of the criteria against which mental health performance will be assessed. It should be read alongside Implementing the NHS Performance Framework."
- Briefings on legal cases - 2/2/10 - summaries of W Primary Care Trust v TB  EWHC 1737 (Fam), DCC v KH (2009) COP 11729380, and GJ v The Foundation Trust  EWHC 2972 (Fam)
- The national framework for NHS continuing healthcare and NHS-funded nursing care - July 2009 (revised) - "[The revised framework] clarifies and supports consistency in the determination of eligibility for NHS continuing healthcare and NHS funded nursing care. NHS bodies and local authorities are encouraged to work together to prepare for implementation in October 2009."
- The Mental Capacity Act and research - including a fact sheet published on 30/9/09 to assist social scientists meet the requirements of the Mental Capacity Act when carrying out social science research that includes people who lack capacity.
- Information sharing and mental health - 9/9/09 - This guidance sets out some of the issues relating to the exchange of information between mental health trusts and outside organisations and individuals. It sets out when, why and how information can safely be exchanged for the benefit of the individual and the public.
- Safeguarding adults: report on the consultation on the review of No Secrets - 17/7/09 - Summary of responses (Government response to follow)
- The Bradley Report - 30/4/09 - Lord Bradley's review of people with mental health problems or learning disabilities in the criminal justice system
- News item on NMHDU website: Invitation to participate in focus groups - Review of Independent Mental Health Advocate (IMHA) Services by the University of Central Lancashire, 15/11/10
- RDFunding website: list of proposed Dept of Health research projects - including £250,000 on each of the following: "Research to review the quality of independent mental health advocate services", "Mental Capacity Act Best Interests Decisions - Successes and Challenges", and "Research to examine the interface between Mental Health Act & the Mental Capacity Act"
- NHS R&D Forum News , 'Newsletter October 09' (23/10/09). Contains the following:
- DH PRP - Interface between the Mental Health Act (MHA) and the Mental Capacity Act Deprivation of liberty safeguards (MCA DOLS)
- The Department of Health Policy Research Programme (PRP) invites proposals to examine the operation of the interface between the Mental Health Act and the Mental Capacity Act deprivation of liberty safeguards (DOLS) in respect of people needing treatment in hospital for mental disorder. Up to £250,000 inclusive is available for this study. Ideally, the successful application will be able to undertake the study over a maximum of 24 months, commencing early 2010.
- The deadline for applications is 9 November 2009.
- DH PRP - Research to review the quality of Independent Mental Health Advocate Services
- The Department of Health Policy Research Programme (PRP) invites proposals to examine the quality of statutory Independent Mental Health Advocacy Services in England. Up to £250,000 inclusive is available for this study. Ideally, the successful application will be able to undertake the study over a maximum of 18 months, commencing early 2010.
- The deadline for applications is 9 November 2009.