Department for Health consults on changes to Mental Health Act code of practice

The Department of Health has launched a consultation on proposed changes to the Mental Health Act code of practice, saying that in its current form the code has been “inconsistently applied, misunderstood or ignored”.

The Department said: “A revised Code will help provide better patient protection and reflects legal changes and healthcare developments since its last revision in 2008.”

Amongst other things, the consultation – Stronger Code, Better Care – covers:

• Five new guiding principles;
• A "significantly updated" chapter on how to support children and young people, on the use of restraint and seclusion and the use of police powers and places of safety; and
• New chapters on care planning, equality and human rights, links to the Mental Capacity Act and Deprivation of Liberty Safeguards, and support for victims.

Care and Support Minister Norman Lamb said: “We’re reviewing the Mental Health Act Code of Practice to make sure health professionals, patients, relatives and carers have clear, up-to-date guidance on what people can expect when they are detained under the Act.

“We’re asking for views on how the Code can best include recent changes in mental health such as improvements to crisis care and work to substantially reduce the use of restraint.”

The DH said a new Code, reference guide and ‘easy read’ version would be published by April 2015.

The consultation, which can be viewed here, runs until 12 September 2014.