New report on women inpatients - still room for improvement

The Mental Health Act Commission has produced a report into the experiences of women detained under mental-health legislation. The Commission visited more than 2,000 wards and surveyed 6,000 patients in 2007/8. The most significant issue raised by the report was women's feelings of being unsafe, relating to the continued use of mixed-sex accomodation. Some women were fearful of physical and sexual violence and complained of sexual harassment, verbal intimidation and the use of inappropriate language. The chief executive of the Mental Health Act Commission, Gemma Pearce, said "Many services are providing very good care which is sensitive to issues of privacy and dignity, and ensures and promotes the safety of women (and men) at a time of vulnerability. But we also found services which are not meeting the particular needs of women, including basic assurances of their rights to safety, privacy and dignity."

You can download the full Mental Health Act Commission report at

http://www.mhac.org.uk/files/women_in_detention_FINAL.pdf

Appealing under the Act

The number of people detained under the Mental Health Act rose to an all-time high in 2005-6. At the same time an increasing proportion of these people appealed to mental-health tribunals to overturn the decision to detain them. Several studies have shown that African Caribbean people are more likely to be compulsorily detained than other people. A study of detentions and appeals at an outer-London hospital has found that detentions rose from 203 in 1996 to 279 in 2006. The percentage of cases going to appeal rose from 34% to 81% during the same period. However, there was no real difference in the results of the appeals and the results of the appeals were not associated with gender, ethnicity, mental status or age. About 12% of the appeals were successful.

Dhananjay, Kumar Singh and Moncrieff, Joanna - Trends in mental health review tribunal and hospital managers' hearings in north-east London 1997-2007 Psychiatric Bulletin 2009, 33, 15-17

IMHAs for all by April

Primary care trusts (PCTs) have been given four months to ensure independent mental health advocates (IMHAs) are available across England. Under the Mental Health Act, 2007 service users are entitled to access to independent support and advice on their legal rights.

You can read the Government's statement on this at

http://www.dh.gov.uk/en/Healthcare/NationalServiceFrameworks/Mentalhealth/DH_091895

AMHPs get sectioning powers

The Government has opened the way to nurses being able to section people. Nurses will be allowed to become approved mental-health professionals (AMHPs) as will occupational therapists, social workers and chartered psychologists. AMHPs will have to take a postgraduate diploma learning about mental-health legislation, child and adult protection, the functions of courts and mental-health review tribunals, drug abuse and risk assessment. After qualification they will specialise in assessing a person's needs, care and treatment and will have a role in decisions to detain patients.

You can download the full text of the 2007 Mental Health Act at

http://www.opsi.gov.uk/acts/acts2007/pdf/ukpga_20070012_en.pdf

New code of practice for Mental Health Act

The deprivation of liberty safeguards were part of the 2007 Mental Health Act and provide a framework by which people who lack the capacity to consent to care or treatment can be deprived of their liberty temporarily, in their own best interest. The Department of Health has just issued a Code of Practice containing guidance on the safeguards. As well as being used by health professionals the Code is also intended to provide information for people who are, or who could become, the subject of a deprivation of liberty; for families, friends or carers and for anyone who believes that someone is being deprived of their liberty unlawfully.

You can download a copy of the safeguards at

http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_085476