The Mental Health Act 1983 (MHA) is the main piece of legislation that covers the assessment, treatment and rights of children and adults in hospital with a mental health disorder. It provides a legal framework to authorise their detention and compulsory treatment when they are considered at risk of harm to themselves or others.

The Mental Health Bill 2024-25 was introduced to reform the MHA which has become outdated, with the aim of strengthening the voice of the patient, and ensuring that detention is only used when and as long as necessary. When it is passed, it will substantially change the MHA.

This session will look at the key reforms and what they mean for social workers, approved mental health professionals and patients of all ages alike.

Learning outcomes

• The main changes brought in by the reforms, including to detention criteria, community treatment orders, and the nearest relative role.
• The new rights to statutory care and treatment plans and care, education and treatment reviews for detained patients with learning disabilities and autism.
• The new rights to independent mental health advocacy.
• Next steps for implementing the new Act.

This session will be via video link    
  

The interface between the Mental Health Act 1983 (MHA) and the Mental Capacity Act 2005 (MCA) can be complicated to navigate, particularly when an individual is being deprived of their liberty in a hospital or community setting.

This area of law has been the subject of case law and statutory guidance in different codes of practice.

Some cases may fall on the borderline between the two Acts and decision makers will have to think carefully about what regime to pursue. In more complex cases this may be a difficult task to undertake.

This session will provide an overview of what to consider.

Learning outcomes:

• The scope of the MHA and MCA and the key differences between the two.
• The circumstances where both the MHA and MCA can be applied in a hospital setting, where decision makers have a choice between the two, and where only the MHA can be applied.
• The MHA powers that can be used in community settings alongside the MCA deprivation of liberty provisions.
• Potential issues arising as a result of the revised MHA detention criteria.

Section 117 of the Mental Health Act 1983 is a legal duty to provide aftercare services to certain former psychiatric hospital patients. For individuals, it can establish important rights and entitlements. For local authorities and health bodies, it has considerable resource implications.

This session will explore the who, what, when, why, where and how of section 117 aftercare services.

Learning outcomes: 

• What section 117 aftercare services are, who is entitled, and how to carry out assessments of need and plan aftercare services.
• How responsibilities, including funding, should be divided between the relevant bodies, and the relationship with NHS continuing healthcare.
• How to determine ordinary residence and why disputes arise.
• Changes under the Mental Health Bill 2024-25.

Good food and networking

The Mental Health Act 1983 (MHA) allows for the compulsory medical treatment of an individual with a mental disorder. However, there are various limits and protections in place when such treatment is being provided, including second medical opinions and capacity/competence determination. The Mental Health Bill 2024-25 plans to introduce a new regime of safeguards when it comes to medical treatment, including more second opinion assessments, greater ability for people to refuse medication and more safeguards in respect of urgent electroconvulsive therapy.

In some cases it may not be clear whether the proposed treatment falls under the Mental Health Act or the Mental Capacity Act, for example, certain individuals with anorexia nervosa. In such cases, applications to the court may be required.

This session will explore the consent to medical treatment provisions under the MHA.

Learning outcomes :

• An overview of Part 4 of the MHA (consent to treatment) including the changes introduced by the Mental Health Bill.
• What is meant and what happens when the court undertakes a “full merits review” of medical treatment being provided or decisions not to provide treatment.
• The new clinical checklist and advance choice documents introduced by the Mental Health Bill.

The Mental Health Tribunal is a fundamental part of the legal framework that protects the rights and interests of children and adults who are detained under the Mental Health Act 1983 (MHA) in England and Wales.

The tribunal is responsible for reviewing cases of individuals subject to the MHA. Its primary function is to determine whether an individual should continue to be detained, remain under a community treatment order, remain conditionally discharged, or be subject to guardianship.

Evidence from social workers is one of the main sources that tribunals depend on. This session will examine their role and what they need to bear in mind when submitting evidence (such as oral evidence and a social circumstances report).

Learning outcomes:

• The purpose of mental health tribunals, how they operate and what happens at a hearing.
• Tips for social workers in writing tribunal reports and providing.
• Grounds for challenging tribunal decisions.