Mental Health Act Commission
Encyclopedia
The Mental Health Act Commission was an NHS special health authority
that provided a safeguard for people detained in hospital under the powers of the Mental Health Act 1983
in England
and Wales
. Mental health
care is the only part of health care
where patient
s can be treated under compulsion, and necessarily there are very clear legal requirements on hospitals and the other services involved - primarily local authority social services. The Commission was abolished on 31 March 2009.
and consisted of some 100 members (Commissioners), including laypersons, lawyers, doctors, nurses, social workers, psychologists and other specialists.
The Health and Social Care Act 2008
replaced the Healthcare Commission
, the Commission for Social Care Inspection
and the Mental Health Act Commission with a single, integrated regulator for health and adult social care - the Care Quality Commission
. The Care Quality Commission began operating on 1 April 2009 as a non-departmental public body
.
Its functions were:
In addition, the Commission was encouraged by the Secretary of State
to advise on policy matters that fall within the Commission's remit.
NHS Special Health Authority
A special health authority is a type of NHS trust which provide services on behalf of the National Health Service in England. Unlike other types of Trust, they operate nationally rather than serve a specific geographical area....
that provided a safeguard for people detained in hospital under the powers of the Mental Health Act 1983
Mental Health Act 1983
The Mental Health Act 1983 is an Act of the Parliament of the United Kingdom which applies to people in England and Wales. It covers the reception, care and treatment of mentally disordered persons, the management of their property and other related matters...
in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
. Mental health
Mental health
Mental health describes either a level of cognitive or emotional well-being or an absence of a mental disorder. From perspectives of the discipline of positive psychology or holism mental health may include an individual's ability to enjoy life and procure a balance between life activities and...
care is the only part of health care
Health care
Health care is the diagnosis, treatment, and prevention of disease, illness, injury, and other physical and mental impairments in humans. Health care is delivered by practitioners in medicine, chiropractic, dentistry, nursing, pharmacy, allied health, and other care providers...
where patient
Patient
A patient is any recipient of healthcare services. The patient is most often ill or injured and in need of treatment by a physician, advanced practice registered nurse, veterinarian, or other health care provider....
s can be treated under compulsion, and necessarily there are very clear legal requirements on hospitals and the other services involved - primarily local authority social services. The Commission was abolished on 31 March 2009.
History
The Commission was established under the Mental Health Act 1983Mental Health Act 1983
The Mental Health Act 1983 is an Act of the Parliament of the United Kingdom which applies to people in England and Wales. It covers the reception, care and treatment of mentally disordered persons, the management of their property and other related matters...
and consisted of some 100 members (Commissioners), including laypersons, lawyers, doctors, nurses, social workers, psychologists and other specialists.
The Health and Social Care Act 2008
Health and Social Care Act 2008
The Health and Social Care Act 2008 is an Act of the Parliament of the United Kingdom.-Section 170 - Commencement:Orders made under section 170* * *...
replaced the Healthcare Commission
Healthcare Commission
The Healthcare Commission was a non-departmental public body sponsored by the Department of Health of the United Kingdom. It was set up to promote and drive improvement in the quality of health care and public health in England and Wales...
, the Commission for Social Care Inspection
Commission for Social Care Inspection
The Commission for Social Care Inspection was a non-departmental public body and the single, independent inspectorate for social care in England. Its sponsor department was the Department of Health of the United Kingdom...
and the Mental Health Act Commission with a single, integrated regulator for health and adult social care - the Care Quality Commission
Care Quality Commission
The Care Quality Commission is a non-departmental public body of the United Kingdom government established in 2009 to regulate and inspect health and social care services in England. This includes services provided by the NHS, local authorities, private companies and voluntary organisations -...
. The Care Quality Commission began operating on 1 April 2009 as a non-departmental public body
Non-departmental public body
In the United Kingdom, a non-departmental public body —often referred to as a quango—is a classification applied by the Cabinet Office, Treasury, Scottish Government and Northern Ireland Executive to certain types of public bodies...
.
Functions
The Commission was a monitoring body rather than an inspectorate or regulator. Its concern was primarily the legality of detention and the protection of individuals' human rights. In addition to a visiting programme, the Commission provided important safeguards to patients who lack capacity or refuse to consent to treatment, through the Second Opinion Appointed Doctor Service.Its functions were:
- to keep under review the operation of the Mental Health Act 1983Mental Health Act 1983The Mental Health Act 1983 is an Act of the Parliament of the United Kingdom which applies to people in England and Wales. It covers the reception, care and treatment of mentally disordered persons, the management of their property and other related matters...
in respect of patients detained or liable to be detained under that Act - to visit and interview, in private, patients detained under the Mental Health ActMental Health Act 1983The Mental Health Act 1983 is an Act of the Parliament of the United Kingdom which applies to people in England and Wales. It covers the reception, care and treatment of mentally disordered persons, the management of their property and other related matters...
in hospitals and mental nursing homes - to consider the investigation of complaints where these fall within the Commission's remit
- to review decisions to withhold the mail of patients detained in the High Security Hospitals
- to appoint registered medical practitioners and others to give second opinions in cases where this is required by the Mental Health ActMental Health Act 1983The Mental Health Act 1983 is an Act of the Parliament of the United Kingdom which applies to people in England and Wales. It covers the reception, care and treatment of mentally disordered persons, the management of their property and other related matters...
- to publish and lay before ParliamentParliament of the United KingdomThe Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
a report every 2 years - to monitor the implementation of the Code of Practice and propose amendments to Ministers
In addition, the Commission was encouraged by the Secretary of State
Secretary of State for Health
Secretary of State for Health is a UK cabinet position responsible for the Department of Health.The first Boards of Health were created by Orders in Council dated 21 June, 14 November, and 21 November 1831. In 1848 a General Board of Health was created with the First Commissioner of Woods and...
to advise on policy matters that fall within the Commission's remit.