Code of Practice: Mental Health Act 1983

Monday 7th July 2014 Written Statements

[The Minister of State, Department of Health (Norman Lamb)]

We have today launched a consultation on proposed changes to the Code of Practice: Mental Health Act 1983. Following this consultation, we will lay before Parliament a revised code by the end of 2014. It is intended that this will become effective from 1 April 2015.

Since the code was last published in 2008, there have been substantial changes and updates in legislation, policy, case law, and professional practice. A revised code needs to reflect and embed developments since 2008 in areas including the use of restrictive interventions; use of police powers to detain people in places of safety; and the use of community treatment orders.

In publishing “Transforming care: A national response to Winterbourne View Hospital” and “Closing the Gap: Priorities for Essential Change in Mental Health” we committed to improving mental health services. “Closing the Gap” sets out 25 priority actions to improve the provision of mental health care, promote recovery and the experience of patients, their families and carers. “Transforming Care” also committed the Department of Health to review and consult on a revised code to address the need to improve the quality of care received by patients detained under the Mental Health Act 1983.

The code is an important lever for delivering these changes. Health care and social care professionals consult the code routinely to inform their practice, safeguard patients’ rights and ensure compliance with the law. The code is also used by patients who are detained or otherwise subject to the Act, and their families, carers and advocates.

We are committed to ensuring that high-quality care is always provided for patients detained and treated under the Act. Care should always promote recovery, be of the shortest duration, be the least restrictive option, keep the patient and other people safe, and ensure value for money for the taxpayer.

The consultation sets out proposed changes to the code but does not include any changes to either primary or secondary legislation. The draft code includes new chapters on: the care programme approach; equality, human rights and parity of esteem; mental capacity and deprivation of liberty; and victims.

The revised code will apply to the use of the Act in England.

Copies of “Stronger Code: Better Care—Consultation on proposed changes to the Code of Practice: Mental Health Act 1983” and “Mental Health Act 1983: Draft Code of Practice for Consultation” have been placed in the Library. Copies of the consultation documents are available to hon. Members from the Vote Office and to noble Lords from the Printed Paper Office.