8 April 2009

MENTAL HEALTH

Arrangements under paragraph 183(4) of Schedule A1 to the Mental Capacity Act 005 between the Secretary of State and the Welsh Ministers (1st April 2009)
These arrangements set out, that where questions about a person's ordinary residence arise in relations to which local authority should act as the supervisory body, the Secretary of State will determine cross-border ordinary residence disputes between England and Wales where the person to whom the dispute relates is accommodated in a care home in England.
Guidance

The Mental Capacity Act 2005 Deprivation of Liberty Safeguards and you (31st March 2009)
Hospitals, care homes, local authorities and Primary Care Trusts have a statutory duty under Mental Capacity Act Deprivation of Liberty Safeguards (MCA DOLS) legislation to make sure that the person made subject to the authorisation and assessment process is supported to understand what is happening to them. This information, from the Department of Health, is for the relevant person and should be distributed at the provider's discretion.
Documents

A Missed Opportunity? (26th March 2009)
This report, by Sainsbury Centre for Mental Health, shows that few people are given a Mental Health Treatment Requirement (MHTR) by the courts because it is poorly understood and is prone to long delays. The MHTR is one of 12 possible requirements for all people given a community sentence in England and Wales, although it is rarely used in practice.
Report

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