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Consultation on revision of the Mental Health Act 1983 Code of Practice for Wales

All consultations can be viewed on the Consultations page. Click on the magnifying glass to see other consultations by the same organisation.

Organisation Welsh Government🔍
Description

"The new draft Code takes account of the changes to relevant legislation since the previous Code was written. In particular: (a) the requirements in the Mental Health (Wales) Measure 2010 with regards to care and treatment planning and the expanded provision of independent mental health advocacy; (b) the relationship between the Act, the Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards.

Within the draft Code there is strengthened emphasis on: (a) the involvement of patients and, where appropriate, their families and carers in all aspects of assessment and treatment; (b) understanding the principles of the Mental Capacity Act 2005 and how these should apply to all care and treatment; (c) the involvement of Independent Mental Health Advocates; (d) the use of appropriate transport for patient subject to the Act to ensure their dignity and safety as far as is practicable.

There are 2 other matters of proposed guidance in the draft Code that are not in the existing code. (a) Firstly, it reiterates that the Act provides a limit of 72 hours for detention under section 136 and that assessments should only take place in a police station in exceptional circumstances. However in relation to the timing of assessments both at the police station and elsewhere, the draft Code proposes: (i) that they should be undertaken within 3 hours; (ii) that detention in a police station should not exceed a maximum of 12 hours. (b) Secondly, it proposes that a statutory care and treatment plan, if needed, will be started no longer than 72 hours after admission."

Consultation page

Welsh Government, 'Consultation on the Revision of the Mental Health Act 1983 Code of Practice for Wales' (document no WG26160, 4/9/15)

Welsh Government, 'Draft Mental Health Act 1983 Code of Practice for Wales' (4/9/15)

Law Society, 'Consultation on the Revision of the Mental Health Act 1983 Code of Practice for Wales: Law Society Response' (27/11/15)

Welsh Government, 'Consultation - summary of responses: Revision of the Mental Health Act 1983 Code of Practice for Wales' (document WG26160, June 2016)

For the revised Code of Practice, see Mental Health Act 1983 Code of Practice for Wales.

Opened 2015/09/04
Closes 2015/11/27