Legal
This section contains advice, guidance and practice on the various legal elements that potentially involve a journey along an acute care pathway. This includes the Mental Health Act, Capacity Act, Children's Act, Human Rights Act and how they impact on each other.
 | Title: Open_door policy review Published: April 2007 Summary: A review of open door policy in acute in-patient wards - A discussion paper prepared by Malcolm Rae. |
 | Title: Mental Health Act 1983 (c20) Published: November 2006 Summary: Mental Health Act 1983 (c20) as amended to 15 November 2006. This is a text of the Mental Health Act 1983 as it stood at November 2006. A separate document is available showing how it would look if it were to incorporate the amendments to be made by the Mental Health Bill. |
| | Title: Mental Health Act 1983 as will be ammended Published: November 2006 Summary: Mental Health Act 1983 Amendments to be made by the Mental Health Bill. This document is intended to show how the Mental Health Act 1983 would look as amended by the Mental Health Bill. Material to be deleted by the Mental Health Bill is in strikethrough, eg |
 | Title: Consultation on the IMCA service Published: April 2006 Summary: Responses to consultation on the Independent Mental Capacity Advocate (IMCA) service and Government response, covering operational and implementation details, issues around the role and functions of the IMCA, definitions of serious medical treatment and whether the service should be provided to other groups and situations. |
 | Title: Draft Code of Practice Published: November 2006 Summary: This illustrative draft code of practice provides guidance to practitioners on how the proposed amendments to the Act would be put into practice. |
| | Title: Race Equality Impact Assessment Published: November 2006 Summary: The purpose of mental health legislation is primarily to protect patients and others from harm that can arise from mental disorder. It sets out the procedures that must be followed when it becomes necessary to treat someone for their mental disorder without their consent and the safeguards and support there should be for the patient. Title: Regulatory Impact assessment Published: November 2006 Summary: Mental Health Bill: Regulatory Impact Assessment. This Mental Health Bill amends the Mental Health Act 1983 and the Mental Capacity Act 2005. |
 | Title: Testing the water Published: 2006 Summary: National workforce programme - Mental health amending bill workforce. Scenario planning New roles and responsibilities - Testing the water. |
| | Title: Summary Guide Published: November 2006 Summary: The booklet summarises the objectives and the contents of the Mental Health Bill 2006 and provides contact details for getting further information. |
 | Title: Mental Health Bill – easy read Published: November 2006 Summary: The booklet explains the changes the Government wants to make to mental health legislation. |
 | Title: Bournewood Draft illustrative Code of Practice Published: December 2006 Summary: This illustrative draft guidance is intended to provide stakeholders and other interested parties with information about how the Bournewood safeguards that it is intended to introduce into the Mental Capacity Act 2005 through the Mental Health Bill should operate in practice. |
 | Title: Bournewood easy read Published: November 2006 Summary: The Bournewood safeguards: Protecting the human rights of people with mental disorders. This booklet is about changes the Government wants to make to the law which looks after people who have a serious mental disorder and cannot say what they want to happen to them. Mental disorder is the name the law uses for a problem with a person’s mind. |
 | Title: Bournewood Safeguards Summary: Draft illustrative Code of Practice guidance. This document contains draft illustrative guidance on the Bournewood safeguards that it is proposed should be incorporated into the Mental Capacity Act 2005 via the Mental Health Bill. |
 | Title: Mental health capacity act Published: 2005 Summary: Mental Capacity Implementation Programme - Mental capacity Act - Paul Gantley. |
 | Title: IMCA care reviews Summary: Adult protection, Care reviews and IMCA's: Guidance on interpreting the regulations extending the IMCA role. The Department of Health consulted publicly on the role of the IMCA and asked whether IMCAs should be involved in situations beyond the two specified in the act: in serious medical treatment and in accommodation moves. |
 | Title: Transfer of Prisoners under Sections 47 and 48 of the MHA Summary: This document details the procedure for transferring sentenced and unsentenced prisoners under sections 47 and 48 of the Mental Health Act (1983) respectively. The transfers are from prisons to either low, medium or secure health care facilities. |
 | Title: Eleventh biennial report presentation Summary: In Place Of Fear? by Mat Kinton, Senior policy analyst, Mental Health Act Commission. detailing MHAC's commitment and involvement including: The last two years, Bed occupancy, Out of area treatments, MHA admissions, Reinstitutionalisation, Locked wards, Choice, Women's services, Seclusion, Restraint and Stigma. |