CQC, 'Monitoring the Mental Health Act in 2018/19' (6/2/20)

Annual CQC report on MHA The Foreword to the report states that the CQC found: "(1) Services must apply human rights principles and frameworks. Their impact on people should be continuously reviewed to make sure people are protected and respected. (2) People must be supported to give their views and offer their expertise when decisions are being made about their care. (3) People who are in long-term segregation can experience more restrictions than necessary. They also may experience delays in receiving independent reviews. This is particularly true for people with a learning disability and autistic people. (4) People do not always get the care and treatment they need. Some services struggle to offer appropriate options, both in the community and in hospital. (5) It is difficult for patients, families, professionals and carers to navigate the complex laws around mental health and mental capacity."


When discussing patients subject to s17 leave instead of conditional discharge, under the policy in HM Prison and Probation Service, 'Guidance: Discharge conditions that amount to deprivation of liberty' (January 2019), the report states: "Whether these patients are eligible to apply to the tribunal if they are technically on section 17 leave is also not clear." There is nothing to stop a patient on s17 leave from applying to the tribunal.

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