Guardianship
See MHA 1983 s7 and s8.
INFORMATION
- Aftercare
- Changes made by MHA 2007
- 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
- Civil sections and CTOs
- Coronavirus
- Courts
- Criminal detaining sections
- Admission order
- Detention under insanity legislation
- Notional s37
- Section 135: Warrant to search for and remove patients
- Section 136: Mentally disordered persons found in public places
- Section 35: Remand to hospital for report on accused’s mental condition
- Section 36: Remand of accused person to hospital for treatment
- Section 37/41: hospital order with restrictions
- Section 37: guardianship order
- Section 37: hospital order
- Section 38: interim hospital order
- Section 43: committal by magistrates for restriction order
- Section 44: committal to hospital under s43
- Section 45A: hospital direction
- Section 51(5): hospital order without conviction
- Sections 47, 48 and 49: transferred prisoners
- Forms
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- Murder
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- Summary of types of detention
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- Victims of crime
- Victims' rights to make representations and receive information
- Voting rights for detained patients
- Welfare benefits
- Glossary pages
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- Adult Social Care
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- Notice of proceedings, and listing (MHT)
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- Re-sectioning after tribunal discharge
- Reinstatement (MHT)
- Remote hearings (MHT)
- Reports (MHT)
- Representatives (MHT)
- Standard and burden of proof (MHT)
- Tribunal Rules
- Wasted costs (MHT)
- Withdrawal (MHT)
- Mental capacity law
- Nearest relative
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