MHA - Key documents
When Dave Sheppard retired in 2020 he kindly gave me permission to publish the contents of his website (originally named after his firm, "Dave Sheppard Associates", then called "MHAandMCA"). It is a treasure trove. I've not had time to prepare everything for publication but have put the main headings online: let me know if you would like a copy of anything listed.
Main documents
Mental Health Act 1983 (external link)
Reference guide
Code of Practice - England
Code of Practice (+ leaflets) - England (Easy read) external link
Code of Practice - Wales (2016)
Developments
Independent Review of the Mental Health Act (external link)
Our advice to parliament: reforming the Mental Health Act, Equality and Human Rights Commission, July 2019
Social Workers and a new Mental Health Act, All-Party Parliamentary Group on Social Work, July 2019
Mental Health Act Code of Practice 2015: An evaluation of how the Code is being used, Care Quality Commission, June 2019 ***
Modernising the Mental Health Act, Final report of the Independent Review of the Mental Health Act 1983, December 2018
The Approved Mental Health Professional workforce, Skills for Care, November 2018
Mental Health Units (Use of Force) Act 2018, November 2018 (external link)
The independent review of the Mental Health Act, May 2018
Briefing: Mental Health Act - Approved Mental Health Professional services, CQC, March 2018
The rise in the use of the Mental Health Act to detain people in England, CQC, January 2018
A focus on restrictive intervention reduction programmes in inpatient mental health services, CQC, December 2017
A Mental Health Act fit for tomorrow, Mental Health Act Alliance, June 2017
Contract management - mental health guidance, Legal Aid Agency, April 2017
AMHP service monitoring - Briefing to the National Crisis Care Concordat, Department of Health / CQC, April 2016
Improving acute psychiatric care for adults in England, Royal College of Psychiatrists, February 2016
Senior President of Tribunals' Annual Report 2016, Courts and Tribunals Judiciary, February 2016
Mental Health Act: exercise of approval instructions 2015. Department of Health, January 2016 (external link)
Mental Health Crisis Care Concordat, Welsh Government, December 2015
Monitoring places of detention, Sixth Annual Report of the United Kingdom's National Preventive Mechanism 2014-15, December 2015
Government response to No voice unheard, no right ignored, Department of Health, November 2015
Code of Practice for Victims of Crime, Ministry of Justice, October 2015
Personality disorder and complex needs, Centre for Mental Health, October 2015
Working with offenders with personality disorder, National Offender Management Service and NHS England, September 2015
Guidance to support advocates in challenging decisions or actions with or on behalf of individuals, Empowerment Matters, July 2015
The Impact on AMHP practice and service delivery by the Supreme Court judgment on Deprivation of Liberty, TCSW, June 2015
Right here, right now, Care Quality Commission, June 2015
No voice unheard, no right ignored - a consultation for people with learning disabilities, autism and mental health conditions, March 2015
AMHP Work: Dirty or Prestigious? Lisa Morriss, British Journal Social Work, February 2015
Government response to the consultation on the MHA Code of Practice, January 2015
Equality Analysis on the MHA Code of Practice, January 2015
Mental Health Crisis Care Concordat: Improving outcomes for people experiencing mental health crisis, HM Government, February 2014
Post-legislative scrutiny of the Mental Health Act 2007, House of Commons Health Committee, August 2013
Post-legislative scrutiny of the Mental Health Act 2007, Department of Health, July 2012
The Mental Health Act 2007: a review of its implementation, Mental Health Alliance, June 2012
Mental Capacity Act 2005 and Mental Health Act 1983, EAP, August 2011
International Legal Comparison (MHA/MCA), Essex Autonomy Project, May 2011
Guidance on the extension of victims' rights under the Domestic Violence, Crime and Victims Act 2004, Ministry of Justice, October 2008
England: Mental Health Act forms
Statutory Forms (external link)
Welsh Assembly Government, prescribed forms (external link)
Scrutinising and rectifying statutory forms for admission under the Mental Health Act 1983
Department of Health Mental Health Act 1983 information leaflets
Publications Policy and Guidance (external link)
Information on the Mental Health Act in different languages and easy read version (external link)
Welsh Assembly Government, model patient information leaflets (external link)
Care Quality Commission - Monitoring the Mental Health Act
2018-19, February 2020
2017-18; 2016-17; 2015-16 ; 2014-15 ; 2013-14 ; 2012-13; 2011-12; 2010-11 ; 2009-10
Care Quality Commission - State of health care and adult social care
State of Care 2018-19, October 2019
State of Care 2017-18; State of Care 2016-17
State of Care 2015-16 ; Adult care; Mental Health; DoLS (October 2016)
2014-15 ; 2013-14; 2012-13 ; 2011-12; 2010-11 ; 2009-10
Health Inspectorate Wales - Mental Health, Learning Disability Hospitals and Mental Health Act Monitoring
2017-2018, July 2019
2016-2017; 2015-2016; 2014-2015; 2013-2014; 2011-2013 ; 2010-2011; 2009-2010
Statistics: Inpatients formally detained in hospitals under the Mental Health Act 1983 and patients subject to supervised community treatment, England
Mental Health Act Statistics, Annual Figures, England 2018-19 (external link)
2017-18; 2016-17 ***; 2015-16; 2014-15; 2013-14 *** ; 2012-13; 2011-12; 2010-11 ; 2009-10 ; 2008-09 ; 2007-08 ; 2006-07 ; 2005-06 ; 2004-05 ; 2003-04
Mental Health Bulletin
2018-19, November 2019 (external link)
2017-18; 2016 - 2017; 2015 - 2016 ; 2014 - 2015
Statistics: Admission of patients to mental health facilities, (including patients detained under the Mental Health Act 1983) and patients subject to supervised community treatment, Wales
2017 - 2018 (external link)
2010-11 to 2017-18 (external link)
Statistics: Patients in Mental Health Hospitals and Units in Wales as of 31st March
Mental illness (external link)
Learning disability (external link)
The Right to Be Heard: Review of Independent Mental Health Advocate (IMHA) Services in England (June 2012)
Mental Health Alliance - Briefing Paper 3 (2011)
Delivering the Independent Mental Health advocacy service in Wales (2011)
Procedure for the Transfer from Custody of Children and Young People to and from Hospital under the Mental Health Act 1983 in England June 2011
Independent Mental Health Advocates - Department of Health Archived site (2010) (external link)
Independent Mental Health Advocacy: Effective Practice Guide, National Mental Health Development Unit (2009)
The Legal Aspects of the Care and Treatment of Children and Young People with Mental Disorder: A Guide for Professionals, National Institute for Mental Health in England 2009
Listening to experience
An independent inquiry into acute and crisis mental healthcare (November 2011)
The transfer and remission of adult prisoners under s.47 and s.48 of the Mental Health Act, Department of Health (April 2011)
Cross-border transfers of patients under the Mental Health Act . Also form
Guardianship under the Mental Health Act 1983
2016-17 and 2017-18 (November 2018) (external link)
2016; *** 2015; 2014; 2013; 2012 ; 2011 ; 2010 ; 2009 ; 2008 ; 2007 ; 2006 ; 2005
Guardianship under Mental Health Act 1983, Welsh Government (external link)
Statistics of Mentally Disordered Offenders in England and Wales
[Need to check these as they seem to link to the wrong years.]
Restricted Patients 2018, (pdf); Tables and figures (ods)
Restricted Patients 2017, (pdf); Tables and figures (xl)
Restricted Patients 2016, (pdf); Tables and figures (xl)
Restricted Patients 2015, (pdf); Tables and figures (xl)
Restricted Patients 2014, (pdf); Tables and figures (xl)
Ministry of Justice guidance
Guidance and forms for those working with mentally disordered offenders (restricted patients) (external link)
Care Quality Commission Guidance Documents (now withdrawn by CQC as "out of date")
Guidance Note List
The admission of children adolecents to adult mental health wards and the duty to provide age-appropriate services
The identification and rights of "Nearest Relative" under the Mental Health Act 1983
Nearest relatives of non-UK residents
Guidance for SOADs: Consent to treatment and the SOAD role under the revisited Mental Health Act
Guidance for SOADs: On giving reasons when certifying that treatment is appropriate
Guidance for clinicians and SOADs: The Mental Health Act 1983 the imposition of medical treatment in the absence of consent
The administration of Clozapine and other treatments requiring blood tests under the provisions of the Mental Health Act
Consultation with the 'Other' Professional in Second Opinions under the Mental Health Act
Guidance note for commissioners on consent to treatment and the Mental Health Act 1983
Nurses, the administration of medcine for mental disorder and the Mental Health Act 1983
Guidance for commissioners: The RCPsych consensus statement on high-dose antipsychotic medication
The treatment of anorexia nervosa under the Mental Health Act 1983
The Mental Health Act in Independent Hospitals
Use of the Mental Health Act 1983 in general Hospitals without a psychiatric unit
Guidance for commissioners: The revised Code of Practice: points to note
Scrutinising and rectifying statutory forms for the admission under the Mental Health Act 1983
Leave of absence and transfers under the Mental Health Act 1983
Voting rights for detained patients
Second Opinions for Supervised Community Treatment patients who are refusing medication
Treatment under emergency power for Supervised Community Treatment patients who are awaiting Second Opinions
Mental Health Act Commission
Women detained in hospital, March 2009
13th Biennial Report 2007 - 2009
12th Biennial Report 2005 - 2007
11th Biennial Report 2003 - 2005
Safeguarding children and Adolescents detained under the MHA 1983, 2004 ***
10th Biennial Report 2001 - 2003
Deaths of detained patients, 2001
9th Biennial Report 1999 - 2001
8th Biennial Report 1997 - 1999
National Visit, 1997 ***
7th Biennial Report 1995 - 1997 ***
6th Biennial Report 1993 - 1995 ***
5th Biennial Report 1991 - 1993 ***
4th Biennial Report 1989 - 1991 ***
3rd Biennial Report 1987 - 1989 ***
2nd Biennial Report 1985 - 1987 ***
1st Biennial Report 1983 - 1985
History
[Hyperlinks to documents within text]
An expert committee was appointed in October 1998, which resulted in the publishing of the Richardson report Review of the Mental Health Act 1983: Report of the Expert Committee in July 1999.
Following this, a Green Paper on the Reform of the Mental Health Act 1983 was published in November 1999.
In December 2000 a White paper on Reforming the Mental Health Act 1983 ( part 1; part 2 ) was published.
A Draft Mental Health Bill was published in June 2002.
In December 2002, the House of Commons Library published Reform of the Mental Health Act 1983: the draft Mental Health Bill, Research Paper 02/80 .
A revised draft Mental Health Bill was published in September 2004. Together with Improving Mental Health Law, Towards a new Mental Health Act .
A joint House of Commons and House of Lords Committee published a report ( Volume 1; Volume 2; Volume 3 ) on the draft Bill in March 2005.
The Government's response to the Joint Committee's report was published in July 2005. Also that month the Mental Health Alliance published thier policy agenda Towards a better Mental Health Act.
An action plan for reform inside and outside services and the Government's response to the Independent inquiry into the death of David Bennett, Department of Health (2005)
The King's Fund published a report A Question of Numbers - The potential impact of community-based treatment orders in England and Wales in September 2005.
In March 2006, the Government announced that it planned to amend the Mental Health Act instead of publishing a complete new Bill. The subsequently published briefing sheets on: General Information; Implementation; Supervised Community Treatment; Professional Roles; Definition of mental disorder; Criteria for detention; Mental Health Review Tribunals; Nearest Relatives.
In November 2006 the Department of Health published the:
Mental Health Bill
Explanatory Notes
Regulatory Impact Assessment
Race Equality Impact Assessment (inc. web based consultation; consultation events; stakeholder events; detained patients; BME Network )
Draft Memorandum
Draft Code of Practice
Summary
Easy read version
Revised briefing sheet - Supervised Community Treatment
Revised briefing sheet - Professional roles
Revised briefing sheet - Nearest relatives
Revised briefing sheet - Definition of mental disorder
Revised briefing sheet - Criteria for detention
Revised briefing sheet - Mental Health Review Tribunals
Revised briefing sheet - General information about the 1983 Act
Revised briefing sheet - Bournewood safeguards
Mental Health Act 1983 as it will be amended by the Mental Health Bill
Mental Capacity Act 2005 as it will be amended by the Mental Health Bill
Bournewood safeguards - easy read version.
In January 2007 the Department of Health published the:
Supervised Community Treatment Regulations - Statement of intent
Supervised Community Treatment - Pathway Map
Draft - Approved Clinician Directions
Draft - The Mental Health (Approval of Persons to be Approved Mental Health Professionals) Regulations 2007
Draft - Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person's Representative and Assessment) Regulations 2007
Draft - Mental Capacity (Deprivation of Liberty: Eligibility and Selection of Assessors) Regulations 2007
Draft - Bournewood Regulations: Bournewood Regulations on the Ordinary Residence of a Person - Statement of Intent
In February 2007, the Joint Committee on Human Rights published Legislative Scrutiny: Mental Health Bill.
In March 2007, the Department of Health published International experiences of using community treatment orders. Also Research Paper 07/33.
In March 2007, Rethink published Revealed: MP's atttitudes to Mental Health and the Mental Health Bill.
In March 2007, the King's Fund produced a reading list.
In April 2007, the King's Fund produced a guide to Supervised Community Treatment . The Department of Health published the Government's response to the report of the Joint Committee on Human Rights .
In June 2007, the Department of Health published a revised Regulatory Impact Assessment.
In July 2007, the Mental Health Act 2007 received Royal Assent. Post publication corrections and Explanatory Notes were also published. The Department of Health also produced the text of the Mental Health Act 1983 as amended by the Mental Health Act 2007. The Mental Health Act Commission produced a policy briefing . The Mental Health Act 2007 (Commencement No. 1) Order 2007 came into force on 24th July 2007. The NHS Confederation produced a guide .
In August 2007, the Mental Health Alliance produced a final report.
The Mental Health Act 2007 (Commencement No. 2) Order 2007 and the Mental Health Act 2007 (Commencement No. 3) Order 2007 (and explanation for early implementation ) were made in September 2007.
In October 2007, the Department of Health published a training plan as well as consultation documents for the:
Mental Health Act 2007 Draft revised Mental Health Act 1983 Code of Practice
Consultation on the draft revised Mental Health Act 1983 Code of Practice
Mental Health Act Code of Practice - What do you think?
Equality Impact Assessment Overview
Draft Mental Health (Hospital, Guardianship and Treatment) Regulations 2008
Draft Statutory Forms
Draft Mental Health Act 1983 (Independent Mental Health Advocates) Regulations
Draft Mental Health (Approval of Persons to be Approved Mental Health Professionals) (England) Regulati ons 2008
Draft Mental Health Act 1983 (Approved Clinician) Directions 2008
Draft Mental Health (Conflicts of Interest) (England) Regulations 2008
Draft Mental Health (Mutual Recognition) (England and Wales) Regulations 2008
Draft Mental Health Act 2007 (Commencement No [?] and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008
Draft Mental Health (Nurses) (England) Order 2008
In November 2007, the Department of Health published a complete consultation document .
In December 2007, the Department of Health published the Draft Reference Guide to the Mental Health Act 1983.
The Mental Health Act 2007
Explanatory Notes
Briefing
Reference guide
Code of Practice - England
Code of Practice - Wales
Training issues for organisations in respect of the implementation of the Mental Health Act 2007, National Institute for Mental Health in England (2007)
Training Workbook for Hospital Managers, National Institute for Mental Health in England (2008)
Training Workbook for Mental Health Act Administrators, National Institute for Mental Health in England (2008)
Delivering Race Equality in Mental Health - a Review, National Mental Health Development Unit (2009)
Preparing for change: Understanding how the amendments to the Mental Health Act 1983 will affect ASW Practice, National Institute for Mental Health in England (2009) . Also Tutor notes .
Count me in - Results of the national census of inpatients and patients on supervised community treatment in mental health and learning disability services in England and Wales
2010; 2009 ; 2008 ; 2007 ; 2006 ; 2005
[All links checked on 15/3/21: *** signifies known broken links.]
DSA archive