These are the main changes to the 1983 Act made by the 2007 Act:
Definition of Mental Disorder: it changes the way the 1983 Act defines mental disorder, so that a
single definition applies throughout the Act, and abolishes references
to categories of disorder. These amendments complement the changes to
the criteria for detention.
Criteria for Detention: it introduces a new "appropriate medical treatment" test which will
apply to all the longer-term powers of detention. As a result, it will
not be possible for patients to be compulsorily detained or their
detention continued unless medical treatment which is appropriate to
the patient's mental disorder and all other circumstances of the case
is available to that patient At the same time, the so-called
"treatability test" will be abolished.
Professional Roles: it is broadening the group of practitioners who can take on the functions currently performed by the Approved Social Worker (ASW) and Responsible Medical Officer (RMO).
Nearest Relative (NR): it gives to patients the right to make an application to displace their
NR and enables County Courts to displace a NR where there are
reasonable grounds for doing so. The provisions for determining the NR
will be amended to include civil partners amongst the list of relatives.
Supervised Community Treatment (SCT): it introduces SCT for patients following a period of detention in hospital. It is
expected that this will allow a small number of patients with a mental
disorder to live in the community whilst subject to certain conditions
under the 1983 Act, to ensure they continue with the medical treatment
that they need. Currently some patients leave hospital and do not
continue with their treatment, their health deteriorates and they
require detention again - the so-called "revolving door".
Mental Health Review Tribunal (MHRT): it introduces an order-making power to reduce the time before a case
has to be referred to the MHRT by the hospital managers. It also
introduces a single Tribunal for England, the one in Wales remaining in
being.
Age Appropriate Services: it requires hospital managers to ensure that patients aged under 18
admitted to hospital for mental disorder are accommodated in an environment that is suitable for their age (subject to their needs).
Advocacy: it places a duty on the appropriate national authority to make arrangements for help to be provided by independent mental health advocates.
Electro-convulsive Therapy: it introduces new safeguards for patients. In addition, the changes to the Mental Capacity Act (MCA) provide for procedures to authorise the deprivation of liberty of a person resident in a hospital or care home who lacks capacity to
consent. The MCA principles of supporting a person to make a decision
when possible, and acting at all times in the person's best interests
and in the least restrictive manner, will apply to all decision-making
in operating the procedures. See also:
- FAQ produced by the Service User and Carers (SUCS) Group
- Summary of the Act also produced by the SUCS Group
- Myths and Confusions concerning the changes