MENTAL HEALTH

The second year of the Independent Mental Capacity Advocacy Service: 2008/09 (23rd December 2009)
The Independent Mental Capacity Advocacy Service was created under the Mental Capacity Act 2005. It started in 2007 and this is the annual report of its second year in operation.
Report

MENTAL HEALTH

Mental health fact sheet: patient safety (8th October 2009)
Seven questions every board member should ask about patient safety in organisations providing mental health services.
Fact Sheet

Dementia: ethical issues (1st October 2009)
This report presents an ethical framework to help those who face dilemmas in connection with the everyday care of someone with dementia. The framework forms the basis for a number of recommendations to policy makers in the following areas:

• promoting autonomy and well-being through an ethical approach to dementia care
• including people with dementia in society
• making decisions about the care and treatment of people with dementia
• dealing with day-to-day ethical dilemmas in care
• recognising the needs of carers
• research funding and participation

Report

The Mental Capacity Act: fact sheet for social scientists (30th September 2009)
The Department has today published a fact sheet to assist social scientists meet the requirements of the Mental Capacity Act when carrying out social science research that includes people who lack capacity.
Fact Sheet

Guide to consent to treatment and admission for under 16s and 16 and 17 year olds (13th October 2009)
The law on consent for 16 and 17 year olds changed in January 2008. The revised Code of Practice also detailed guidance on consent for under 16 year olds. The issues regarding consent for treatment and admission are complex and are extensively explored in the The Legal Aspect of the Care and Treatment of Young People with Mental Disorder: A Guide for Professionals which is available to download or in hard copy.
These flowcharts have been designed for adult and CAMHS wards, and should be viewed in conjunction with the guide.
Documents

MENTAL HEALTH

Mental Capacity Act 2005: Deprivation of Liberty Safeguards - standard forms and guidance (11th August 2009)
The set of documents and forms published here constitute the current version of the forms developed to date. The forms can be adapted but, if used in unedited form they help all those involved in the safeguards processes to fully meet the requirements of the Deprivation of Liberty Safeguards legislation.
Supervisory bodies
Managing authorities (hospitals and care homes)
Best interests assessors
Mental health assessors

DIY Happiness project: safeguarding mental health (18th August 2009)
DIY Happiness is being led by the South London and Maudsley NHS Foundation Trust (SlaM). DIY Happiness uses humour, creativity and evidence emerging from the field of positive psychology to provide practical advice and information that will increase people's ability to 'bounce back' from adversity, reduce both the physical and the psychological impact of stress, increase resilience, and build durable personal resources.
Information

Mental Health Network factsheet (14th August 2009)
The Mental Health Network has produced a factsheet on key statistics and trends in mental health.

Key facts and trends in mental health outlines relevant data available on:

• Trends in morbidity and behaviour
• Wider societal changes and challenges
• NHS budget and spending trends on mental health
• Service activity
• Quality, safety and user experience
• Staffing levels and staff satisfaction

Factsheet

Psychiatric services for Black and minority ethnic older people (25th August 2009)
This report, from the Royal College of Psychiatrists, examines what changes have occurred in services offered to black and minority ethnic (BME) older people since the College's original report was published in 2001. Although a few examples of good practice have emerged, the 2009 review report claims progress in developing and improving services "has been slow".
Report
Press Release

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

PRIMARY CARE TRUSTS

Mental Capacity Act 2005 Deprivation of Liberty Safeguards. Data Collation Guide (2nd April 2009)
The Mental Capacity Act 2005 Deprivation of Liberty Safeguards (MCA DOLS)includes a statutory requirement for all care homes and hospitals as well as local authorities and PCTs to keep good clear records for every person that is deprived of their liberty. The Department of Health (DH), to assist with this, has produced a number of standard forms for authorities and supervisory bodies to use.
Guide

Healthy Weight, Healthy Lives: Directory of Obesity Training Providers (3rd April 2009)
This directory lists training providers running courses on the prevention and management of obesity. It is a resource for those in primary care trusts (PCTs) and local authorities who commission public health services.
Directory

LOCAL AUTHORITY/GOVERNMENT

Tackling Fuel Poverty (17th March 2009)
Woking Borough Council recognises fuel poverty as a serious obstacle to the health and well-being of many households in the borough. Woking subsequently incorporated a target in their 'Climate Change Strategy' to: ‘Help 800 vulnerable residents to escape fuel poverty through income maximisation and better thermal efficiency, resulting in reduced bills.’ Woking has subsequently initiated a number of schemes to help meet this target.
Information

LAC (DH) 2009 (2): The Mental Capacity Act 2005, resources available from the year 2009-2010 (24th March 2009)
This Local Authority Circular sets out the resources available for the year 2009 -2010 for the Mental Capacity Act 2005, including the Deprivation of Liberty Safeguards which come into effect on 1 April 2009. and provisional figures for 2010 - 2011.
Circular

Putting people first: working together with user-led organisations (24th March 2009)
This document outlines the benefits that local organisations, and their residents, enjoy when they work with user-led organisations. These benefits range from helping local authorities deliver greater personalisation to improved engagement with hard-to-reach population groups.

It provides advice on how local authorities can form meaningful relationships with user-led organisations and outlines support provided by the Department of Health.

Finally, the document provides local authorities with a series of links to other resources with further information about user-led organisations.
Document

CONSULTATION RESPONSES

Mental Capacity Act (Deprivation of Liberty: Monitoring and Reporting; and Assessments - Amendment) Regulations 2009 - response to the consultation (23rd February 2009)
This document is the post-consultation report for the consultation paper, 'Mental Capacity Act 2005 Deprivation of Liberty Standards: consultation on the Mental Capacity (Capacity Act 2005 Deprivation of Liberty: Monitoring and Reporting) and (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence (Amendment) Regulations 2009 Safeguards which was published on 19 December 2008.
Consultation Response

General Osteopathic Council (Consitution) Order 2008 consultation report (20th February 2009)
The General Osteopathic Council (Constitution) Order was published in draft for consultation between 15 August and 7 November 2008. This report provides information on the outcome of that consultation.
Consultation Response

Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009: consultation report (9th March 2009)
A summary response to the public consultation on the draft Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009.
Consultation Response

General Optical Council (Constitution) Order: consultation report (9th March 2009)
The General Optical Council (Constitution) Order 2009 was published in draft for consultation between 15 August and 7 November 2008. This report provides information on the outcome of that consultation.
Consultation Response

MENTAL HEALTH

Mental Capacity Act 2005 Deprivation of Liberty Safeguards: A guide for family, friends and unpaid carers (6th March 2009)
This booklet contains all the information that family, friends and unpaid carers need to understand what the Mental Capacity Act 2005 Deprivation of Liberty Safeguides is all about. It helps them to:

• Understand their rights to have a say in their friends or family member's care
• Ensures that all possible steps are being taken to protect the interests of their friend or family member while they are being deprived of their liberty.

Booklet

Making decisions: The Independent Mental Capacity Advocate (IMCA) service (6th March 2009)
This document sets out the role and responsibilities of the Independent Mental Capacity Advocate (IMCA) under the Mental Capacity Act 2005. This edition has been updated to reflect the requirements of the MCA and MCA DOLS legislation.
Document

Impact Assessment of the Mental Capacity (Deprivation of Liberty: Monitoring and Reporting; and Assessments - Amendment) Regulations 2009 (4th March 2009)

Diversion (23rd February 2009)
Diversion finds that many opportunities for diversion are being missed and too little is being done to ensure that offenders with mental health problems make continuing use of community mental health services.

This report, from Sainsbury Centre for Mental Health, looks at the evidence on outcomes and the effectiveness of diversion, it includes information from site visits and looks at whether diversion is good value for money.
Report

Doing what works (18th February 2009)
Doing What Works, published by Sainsbury Centre for Mental Health, shows that Individual Placement and Support (IPS) is by far the most effective way of helping people with severe and enduring mental health problems to gain and retain the jobs they want. But it is only effective if all seven of its key principles are in place.
Briefing

Improving the patient experience: sharing success in mental health and learning disabilities - the King's Fund's Enhancing the Healing Environment Programme (9th March 2009)
Since 2000, the Department has supported the King's Fund's Enhancing the Healing Environment, a nurse-led environmental improvement programme. Following the success of initial projects in London, the programme was extended to 69 Trusts in England including acute, mental health, learning disability and primary care trusts.
Report

The Legal Aspects of the Care and Treatment of Children and Young People with Mental Disorder: A Guide for Professionals (January 2009)
This report, published by National Institute for Mental Health in England, provides guidance about how to provide mental healthcare for children and young adults within the legal and policy framework.
Report

MENTAL HEALTH

Deprivation of Liberty Safeguards: A guide for hospitals and care homes (12th February 2009)

The following guidance is for PCTs, local authorities, hospitals and care homes to support them understand and fulfill their statutory obligations under the Mental Capacity Act Deprivation of Liberty Safeguards legislation.
Guide for Hospitals and Care Homes
Guide for Primary Care Trusts and Local Authorities
Guide for relevant person's representatives

CONSULTATIONS

Mental Capacity Act 2005 Deprivation of Liberty Safeguards: consultation on the Mental Capacity (Deprivation of Liberty: Monitoring and Reporting) and (Deprivation of Liberty: Standard Authorisation, Assessments and Ordinary Residence) (Amendment) Regulations 2009 (19th December 2008)
These draft regulations confer power on the Care Quality Commission for the purpose of monitoring, and reporting on, the Mental Capacity Act 2005 Deprivation of Liberty Safeguards. The draft regulations also amend regulation 3 of the Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008. Regulation 3 currently sets out that one of the requirements for a person to be eligible to carry out a MCA DOLS assessment is that they must be insured in respect of any liabilities arising in connection with carrying out the assessment. We are proposing to amend this regulation so that assessors will be eligible if they have satisfied the supervisory body that they have adequate and appropriate insurance and / or indemnity arrangements in place. Closing date for comments is 30th January 2009.
Consultation Document
Impact Assessment

Manual for Cancer Services: draft complementary therapy measures - consultation version (16th December 2008)
The purpose of this consultation exercise is to ensure that the published Complementary Therapy Cancer Measures are both comprehensive and clear. Closing date for comments is 27th March 2009.
Covering letter
Consultation document
Questionnaire
Impact Assessment

General Dental Council (Constitution) Order 2009: a paper for consultation (16th December 2008)
This draft Order sets out a proposed constitution for the General Dental Council (GDC). It provides details of the composition of the council, the terms of office for council members, and criteria for the disqualification, suspension or removal of members from office. The Health Care and Associated Professions (Miscellaneous Amendments) No 2 Order makes a number of changes to the constitutional arrangements for the General Dental Council. Instead of the constitutional details of the GDC being set out in the Dentists Act 1984, these details must now be set out in a separate Constitution Order made by the Privy Council. Closing date for comments is 27th March 2009.
Consultation document
Draft order
Draft Appointment Directions
Questionnaire
Impact Assessment

The use of 084 telephone numbers in the NHS (16th December 2008)
The Department of Health is considering prohibiting the use of 084 numbers in the NHS. This consultation document seeks views from all interested parties on the future use of 084 numbers in the NHS. Closing date for comments is 31st March 2008.
Consultation

2020 Children’s and Young People’s Workforce Strategy (16th December 2008)
The children and young people’s workforce strategy sets out a vision for 2020 in which everyone who works with children and young people is: ambitious for every child and young person, excellent in their practice, committed to partnership and integrated working, and respected and valued as professionals. The Government’s ambition is that all children and young people should achieve their full potential across all the Every Child Matters outcomes: staying safe; being healthy; enjoying and achieving; making a positive contribution and achieving economic wellbeing. Closing date for comments is 10th March 2009.
Consultation

Tomorrow’s Doctors 2009: a draft for consultation (15th December 2008)
Tomorrow's Doctors sets the standards expected of medical schools for the delivery of teaching, learning and assessment and lists the outcomes that medical students must demonstrate before graduation. It was last published in 2003 and has been redrafted to take account of major developments, including the publication of a new edition of Good Medical Practice in 2006, the coming merger of the Postgraduate Medical Education and Training Board (PMETB) with the General Medical Council (GMC) in 2010, and the creation of the Foundation Programme. The redraft reflects research findings, the GMC's quality assurance of medical schools and extensive engagement with key interests.
Consultation

MENTAL HEALTH

What are the Mental Capacity Act Deprivation of Liberty Safeguards? (15th December 2008)
This leaflet provides a brief general introduction to the MCA DOLS and has been specifically designed for care homes and hospitals to help staff understand what the MCA DOLS will mean for them and for their service users.
Leaflet

Independent mental health advocates (19th December 2008)
From April 2009, statutory access to an Independent Mental Health Advocate (IMHA) will be available to patients subject to certain aspects of the Mental Health Act 1983. IMHAs are an important new safeguard that will help and support patients to understand and exercise their legal rights. IMHAs will be available to most detained patients as well as patients on supervised community treatment or guardianship. Other patients whose treatment is subject to the special safeguards provided by the Act, will also be eligible for the services of IMHAs.
Information

MENTAL HEALTH

What are the Mental Capacity Act Deprivation of Liberty Safeguards? (15th December 2008)
This leaflet provides a brief general introduction to the MCA DOLS and has been specifically designed for care homes and hospitals to help staff understand what the MCA DOLS will mean for them and for their service users.
Leaflet

Independent mental health advocates (19th December 2008)
From April 2009, statutory access to an Independent Mental Health Advocate (IMHA) will be available to patients subject to certain aspects of the Mental Health Act 1983. IMHAs are an important new safeguard that will help and support patients to understand and exercise their legal rights. IMHAs will be available to most detained patients as well as patients on supervised community treatment or guardianship. Other patients whose treatment is subject to the special safeguards provided by the Act, will also be eligible for the services of IMHAs.
Information

MENTAL HEALTH

Mental Capacity Act 2005: Deprivation of Liberty Safeguards - draft standard forms (29th October 2008)
Standard forms are being made available now in order to facilitate best practice, training and preparation in advance of April 2009, when the Deprivation of Liberty Safeguards come into effect. The forms can be adapted but as drafted they help all those involved in the safeguards processes to fully meet the requirements of the Deprivation of Liberty legislation. The first document, published on 29 October 2008, is for supervisory bodies and contains all the forms, developed to date, for both supervisory bodies and for managing authorities. The second document, that will appear here shortly, will be for managing authorities but will contain only the managing authority forms with guidance for care homes and hospitals. Over the coming months later versions will appear here as the forms reach their final development e.g. the inclusion of templates for supervisory bodies to refer cases to assessors and templates for IMCA reports.
Document

Mental Health Act 2007: guidance on the extension of victims’ rights under the Domestic Violence, Crime and Victims Act 2004 (17th October 2008)
As a result of the Mental Health Act 2007, from 3 November 2008 victims’ rights under the Domestic Violence Crime and Victims Act 2004 will be extended to victims of offenders who are detained, or on supervised community treatment, as unrestricted patients under Part 3 of the Mental Health Act 1983. This will involve new duties on hospital managers, responsible clinicians, approved mental health professionals and on NHS bodies who fund treatment of such patients in the independent sector.
Guidance

Mental Health Act 1983 information leaflets (15th October 2008)
The Department of Health has updated its model Mental Health Act 1983 patient information leaflets to reflect changes to be made by the Mental Health Act 2007 from 3 November 2008. The leaflets are designed to assist hospitals and local social services authorities (LSSAs) to meet their legal obligations under the Act to provide written information to patients subject to detention and other compulsory measures under the Act.
Leaflets

Mental Capital and Wellbeing Report (22nd October 2008)
Foresight's Mental Capital and Wellbeing Project looks at how a person’s mental resources change throughout life and identifies factors that can help or hinder their development. The final report, published today, demonstrates that there is a clear case for action across society including by Government, companies and individuals to boost both mental capital and wellbeing. This could reap very high economic and social benefits in the future.
Report

Managing Mental Health and Employment (4th November 2008)
This report presents the findings of an exploratory qualitative study commissioned in 2007 by the Department for Work and Pensions to investigate the experiences of people with a mental health condition who had continued to work in paid employment while unwell. The study was carried out by the Social Policy Research Unit at the University of York and was based on interviews with 38 people working for a range of small and large employers in the public and private sectors.
Report

MENTAL HEALTH

Mental Capacity Act 2005: Deprivation of liberty safeguards - Code of Practice to supplement the main Mental Capacity Act 2005 Code of Practice (26th August 2008)
The deprivation of liberty safeguards Code of Practice was laid in draft before Parliament by the Lord Chancellor on 13 June 2008, in accordance with sections 42 and 43 of the Mental Capacity Act 2005. The Code was subject to the negative Parliamentary process, and successfully completed its 40 day laying period on 22 July. The Code of Practice contains guidance on the deprivation of liberty safeguards. It is particularly intended to provide guidance for professionals involved in administering and delivering the safeguards, who are under a duty to have regard to the Code. The Code is also intended to provide information for people who are, or could become, subject to the deprivation of liberty safeguards, and for their families, friends and carers, as well as for anyone who believes that someone is being deprived of their liberty unlawfully.
Code of Practice

MENTAL HEALTH

Mental Capacity Act 2005: Deprivation of liberty safeguards - Code of Practice to supplement the main Mental Capacity Act 2005 Code of Practice (13th June 2008)
This Code of Practice has been prepared and was laid in draft before Parliament by the Lord Chancellor on 13 June 2008, in accordance with sections 42 and 43 of the Mental Capacity Act 2005, after having consulted Welsh Ministers and such other persons as he considered appropriate. Subject to successful passage through parliament, the legislation will come into force in April 2009. The Code contains guidance on the Mental Capacity Act Deprivation of Liberty Safeguards. The Code is particularly intended to provide guidance for professionals involved in administering and delivering the safeguards who are under a duty to have regard to the Code.
Click here for the Code of Practice

CONSULTATION RESPONSES

Mental Capacity Act 2005 Deprivation of Liberty Safeguards Code of Practice and regulations: report on consultation (10th June 2008)
A report on a consultation exercise that took place between September 2007 and December 2007 relating to draft Code of Practice guidance and two sets of draft regulations concerning the deprivation of liberty safeguards introduced into the Mental Capacity Act 2005 by the Mental Health Act 2007.
Click here for the Response

MENTAL HEALTH

Deprivation of Liberty Safeguards Implementation Tool (15th April 2008)
The Department of Health has developed an implementation tool that local Mental Capacity Act implementation networks may wish to use when estimating the number of assessments and staff that are likely to be required in 2009 / 10.
Click here for the Covering Letter
Click here for the Implementation Tool

MENTAL HEALTH

Government response to consultation on the Mental Capacity Act 2005 – Guidance on a nominated consultee for research (22nd February 2008)
This document is the report on the consultation on the Mental Capacity Act Nominated Consultee Guidance. It discusses the main points arising from the responses received and the Department's position on these issues.

Click here for the Document

GUIDANCE/GUIDELINES

Better Care: Better Lives (21st February 2008)
This document sets the future direction for children's palliative care services. It is a call to action to all those engaged in providing services – commissioners, service providers, voluntary sector partners – to improve data sources, to develop better needs assessments and support regimes, to tackle inequalities and encourage the delivery of care in the most appropriate setting, so improving the experiences of children and young people and their families.
Click here for the Document

Guidance on nominating a consultee for research involving adults who lack capacity to consent (22nd February 2008)
This guidance sets out how to identify an appropriate consultee for the purposes of section 32 of the Mental Capacity Act. The Act requires the researcher to take reasonable steps to identify a person who, as a result of an existing relationship with the person who lacks capacity, can advise the researcher about that person’s participation in the project. Where no such person can be identified, the Act requires another person who can provide this advice to be appointed in accordance with guidance.

Click here for the Guidance