Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what recent discussions (a) he and (b) officials of his Department have held with Care Commissioning Groups on those groups' duties under section 140 of the Mental Health Act 1983.

NHS England is responsible for the commissioning of mental health services to meet the needs of their areas. NHS England has held discussions with various clinical commissioning groups (CCGs) regarding their duties under section 140 of the Mental Health Act (MHA).

CCGs must comply with their legal duties, including those under the Mental Health Act 1983. The Act’s Code of Practice, last revised in 2015, clarifies the duties under section 140. It is for the Care Quality Commission (CQC), as part of its regulatory function, to monitor how the Act is used in practice. NHS England is currently engaged in discussions with the CQC about section 140 in the context of the CQC’s work to evaluate the MHA Code of Practice, as commissioned by the Department. This is likely to result in further discussions with CCGs.

The Act is currently subject to an Independent Review, chaired by Professor Sir Simon Wessely, that will report in the autumn.