Changes made by MHA 2007

This is the "Changes made by MHA 2007" category. It contains the following pages:  

• New procedure for renewal of detention
• Responsible Clinician/Approved Clinician replaces Responsible Medical Officer
• Approved Mental Health Professional replaces Approved Social Worker
• Supervised Community Treatment replaces Supervised Discharge
• Mental disorder no longer split into separate classifications
• Some exclusions to definition of mental disorder have been removed
• Hospital directions under s45A apply to any mental disorder
• New definition of medical treatment
• Civil partners are treated as if married when determining nearest relative
• Additional safeguards for ECT introduced in new s58A
• Treatment while under SCT is covered by new Part 4A
• NHS Foundation Trusts discharge power problem remedied
• Patients can be transferred between places of safety under s135 and s136
• 16- or 17-year-old with capacity cannot be detained on basis of parental consent
• Restriction orders can no longer be time-limited
• Legal status of Code of Practice set out in Act
• New Independent Mental Health Advocate scheme
• New requirements for age-appropriate accommodation for children
• Fundamental principles set out in Act and included in Code of Practice
• Automatic reference scheme under s68 changed
• Minor drafting error in MCA 2005 corrected
• Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005
• Limitation to the exceptions to the duty to instruct IMCA
• Reference to Local Health Boards inserted into Act
• Procedure for making of instruments by Welsh Ministers set out
• Organisation of Mental Health Review Tribunal changed
• Transitional provisions until full implementation of MHA 2007
• New cross-border arrangements for leave and transfer
• New regulations on conflicts of interest
• SOAD certificate becomes invalid when patient loses or gains capacity
• Domestic Violence Crime and Victims Act 2004 applies to unrestricted criminal patients
• Higher penalties for offences under Act
• Hospital direction patients can no longer apply to Tribunal during first six months
• Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)
• Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT
• Patient can apply to displace nearest relative, who can now be displaced on grounds of unsuitability
• Appropriate treatment test replaces treatability test and applies to all patients under long-term detention

This category contains articles about the various changes made by the Mental Health Act 2007, most of which came into force on 3/11/08.

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