MHA Code of Practice 2008 links

Some chapters of the English Code of Practice finish with a list of related materials. These are listed with links to the material where possible. See Mental Health Act 1983 Codes of Practice.

Contents

Chapter 1: Statement of guiding principles

Human Rights Act 1998

Chapter 2: Information for patients, nearest relatives and others

No materials listed.

Chapter 3. Mental disorder

No materials listed.

Chapter 4. Applications for detention in hospital

Mental Capacity Act 2005

Mental Capacity Act 2005 Code of Practice, TSO, 2007

Deprivation of Liberty Safeguards, Addendum to the Mental Capacity Act 2005 Code of Practice

National Assistance Act 1948

Chapter 5. Emergency applications for detention

No materials listed.

Chapter 6. The appropriate medical treatment test

No materials listed.

Chapter 7. Conflicts of interest

No materials listed.

Chapter 8. The nearest relative

No materials listed.

Chapter 9. Attorneys and deputies

Mental Capacity Act 2005

Mental Capacity Act 2005 Code of Practice, TSO, 2007

Chapter 10. Police powers and places of safety

Police And Criminal Evidence Act 1984 (PACE) Code C: Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers, Home Office, 2008

Chapter 11. Conveyance of patients

No materials listed.

Chapter 12. Holding powers

Mental Capacity Act 2005

Mental Capacity Act 2005 Code of Practice, TSO, 2007

Deprivation of Liberty Safeguards, Addendum to the Mental Capacity Act 2005 Code of Practice

Chapter 13. Receipt and scrutiny of documents

No materials listed.

Chapter 14. Allocating or changing a responsible clinician

No materials listed.

Chapter 15. Safe and therapeutic responses to disturbed behaviour

No materials listed.

Chapter 16. Privacy and safety

Using Mobile Phones in NHS Hospitals, May 2007 (copy) (Note that this guidance has been superseded by January 2009 guidance, available by the same link)

The Safety and Security in Ashworth, Broadmoor and Rampton Hospitals Directions 2000 (as amended)

Chapter 17. Wishes expressed in advance

Mental Capacity Act 2005

Mental Capacity Act 2005 Code of Practice, TSO, 2007

Chapter 18. Confidentiality and information sharing

Public Sector Data Sharing: Guidance on the Law, Ministry of Justice, November 2003 (copy)

Confidentiality: NHS Code of Practice, Department of Health, November 2003

Domestic Violence Crime and Victims Act 2004

The Code of Practice for Victims of Crime, Office for Criminal Justice Reform, October 2005

Guidance for Clinicians – Duties to Victims under the Domestic Violence, Crime and Victims Act 2004, Home Office Mental Health Unit, 2005

Mental Capacity Act 2005

Mental Capacity Act 2005 Code of Practice, TSO, 2007

Data Protection Act 1998

Human Rights Act 1998

Chapter 19. Visiting patients in hospital

No materials listed.

Chapter 20. Independent mental health advocates

Mental Capacity Act 2005

Mental Capacity Act 2005 Code of Practice, TSO, 2007

Chapter 21. Leave of absence

Guidance for Responsible Medical Officers – Leave of Absence for Patients Subject to Restrictions, Ministry of Justice Mental Health Unit

Chapter 22. Absence without leave

No materials listed.

Chapter 23. Medical treatment under the Act

Mental Capacity Act 2005

Mental Capacity Act 2005 Code of Practice, TSO, 2007

Chapter 24. Treatments subject to special rules and procedures

British National Formulary, British Medical Association and Royal Pharmaceutical Society of Great Britain

Chapter 25. Supervised community treatment

Refocusing the Care Programme Approach, Care Programme Approach guidance, March 2008

Chapter 26. Guardianship

Mental Capacity Act 2005

Mental Capacity Act 2005 Code of Practice, TSO, 2007

Deprivation of Liberty Safeguards, Addendum to the Mental Capacity Act 2005 Code of Practice

Chapter 27. After-care

Refocusing the Care Programme Approach: Policy and Positive Practice Guidance, March 2008

Chapter 28. Guardianship, leave of absence or SCT?

No materials listed.

Chapter 29. Detention and SCT: renewal, extension and discharge

No materials listed.

Chapter 30. Functions of hospital managers

The Code of Practice for Victims of Crime, Office for Criminal Justice Reform, October 2005

Guidance for Clinicians – Duties to Victims under the Domestic Violence, Crime and Victims Act 200, Home Office Mental Health Unit, 2005

Chapter 31. Hospital managers’ discharge power

No materials listed.

Chapter 32. The Tribunal

No materials listed.

Chapter 33. Patients concerned with criminal proceedings

Notes for the Guidance of Social Supervisors – Supervision and After-care of Conditionally Discharged Restricted Patients, Home Office, 2007

Mental Health Act 2007 – Guidance for the Courts and Sentencing Powers for Mentally Disordered Offenders, March 2008

Prison Service Instruction 3/2006, which gives comprehensive guidance on the transfer process, professional roles and timescales

Criminal Justice Act 2003

Guidance for Supervising Psychiatrist – Supervision and After-care of Conditionally Discharged Restricted Patients, Home Office, June 2006

Chapter 34. People with learning disabilities or autistic spectrum disorders

Valuing People – A New Strategy for the 21st Century (Cm 5086), The Stationery Office, March 2001

Valuing People: A New Strategy for Learning Disability for the 21st Century: Planning with People towards Person Centred Approaches – Guidance for Partnership Boards, Department of Health, 28 January 2002

Action for Health, Health Action Plans and Health Facilitation Detailed Good Practice Guidance on Implementation for Learning Disability Partnership Boards, Department of Health, 6 August 2002

Chapter 35. People with personality disorders

Personality disorder: No longer a diagnosis of exclusion. Policy implementation guidance for the development of services with personality disorder, Department of Health, January 2003

Chapter 36. Children and young people under the age of 18

Children Act 1989 and guidance (particularly volumes 1, 4, 6, and 7)

National Service Framework for Children, Young People and Maternity Services – Standard 9 (The Mental Health and Psychological Well-being of Children and Young People) issued by the Department of Education and Skills and the Department of Health in October 2004

Every Child Matters: Change for Children, Department for Education and Skills, 2004

NHS Confidentiality Code of Practice, Department of Health, 2003

Working Together to Safeguard Children, HM Government, 2006