How should the health and social care assessments and process be completed for people entitled to s117? For example social care use the care Act and mental health services use the general assessments and don’t share any paper copies, when all needs are a mix of social care and mental health and meet the purpose […]
In general it is assumed by the public, that a deputy has the right to decide who the person for whom they have deputyship power (‘P’) has contact with, even if nothing specific is said in the order conferring their deputyship and even though no-one is thereby specified. In practice this assumption means that a
Section 31 provides for direct payments as an optional way of using your budget after an assessment and care planning process, for those people who have sufficient capacity to request a direct payment, ie understand the essence of what it means, which is, in our view, taking charge of your own commissioning or employment arrangements
There are 2 main routes to the termination of the regime of guardianship : Firstly, where (see s66(1)(c) Mental Health Act) a patient is received into guardianship in pursuance of a guardianship application an application may be made to a Mental Health Review Tribunal within the relevant period by the patient, and for guardianship patients, the
How does guardianship come to an end? Read More »
The basic principle in mental hospitals for detained persons and those admitted for assessment under s2 is that s63 provides that the consent of a patient shall not be required for any medical treatment given to him for the mental disorder from which he is suffering if the treatment is given by or under the
There must be an element of compulsion in the detention for a person to qualify for after care services, ie those compulsorily admitted for treatment under s3; those transferred to guardianship from compulsory detention; those on s17 leave of absence from hospital after non-voluntary admission; those who fall within the criteria for s25A supervised aftercare
Who is eligible for s117 aftercare services? Read More »
s 26 Mental Health Act 1983 sets out a hierarchy of relationships so that those involved in making a guardianship or admission application can identify the person with the statutory rights of the nearest relative. There are special rules whereby more distant relatives, who have cared for the person recently, or even non-relatives, who have
Who is a patient’s Nearest Relative in a given situation? Read More »
In the scenario where a person presents as a ‘revolving door’ sort of a case (this is the jargon for someone who goes in and out of mental hospital and has spells in the community until he or she deteriorates again, usually through failure to take the medicine prescribed by the professional staff in the
The Code of Practice suggests as follows: Pointers: Diagnosis or prognosis unclear; Need for an in-patient assessment in order to formulate a treatment plan; Particular treatment proposals requiring use of the Part IV treatment provisions is the only likely effective treatment; The condition of a previous s3 patient has changed and more assessment is
When would an application under s2 Mental Health Act be preferable to one under s3? Read More »
Under s29 of the Mental Health Act, the County Court may by order direct that the functions of the nearest relative of the patient under the Act shall be exercisable by the applicant, or by any other person specified in the application. That person has to be a person who, in the opinion of the