Consultation outcome

Changes to Mental Health Act (1983) Code of Practice

This was published under the 2010 to 2015 Conservative and Liberal Democrat coalition government

This consultation has concluded

Download the full outcome

Detail of outcome

The consultation received 344 direct responses and we also considered advice from consultation events, a steering group of health and care professionals and from an expert reference group of former patients and carers. These have all informed the response.

The response provides a high-level summary of changes made to Mental Health Act Code of Practice following the consultation.

The main changes include:

  • 5 new guiding principles

  • new chapters on care planning, human rights, equality and health inequalities

  • consideration of when to use the Mental Health Act and when to use to the Mental Capacity Act 2005 and Deprivation of Liberty Safeguards and information to support victims

  • new sections on physical healthcare, blanket restrictions, duties to support patients with dementia and immigration detainees

  • significantly updated chapters on the appropriate use of restrictive interventions, particularly seclusion and long-term segregation, police powers and places of safety

  • further guidance on how to support children and young people, those with a learning disability or autism

See revised code of practice.

Original consultation

Summary

Seeks comments on proposed changes to legislation governing the treatment of people with mental health problems.

This consultation ran from
to

Consultation description

The Code informs health practitioners’ decisions, protects patients’ rights and ensures that the Mental Health Act is followed. The Code tells families, carers and people who are detained, treated or released under the Act about care and support available during a crisis. It also covers what to do if it isn’t received.

The draft Code includes new chapters on:

  • the Care Programme Approach
  • equality, human rights and parity of esteem
  • mental capacity and deprivation of liberty
  • victims

A new Code, reference guide and interactive, ‘easy read’ online version will come into force on 1 April 2015.

Documents

Stronger code better care: consultation on proposed changes to the code of practice: Mental Health Act 1983 (print version)

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Mental Health Act 1983: draft code of practice for consultation (print version)

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Published 7 July 2014
Last updated 26 March 2015 + show all updates
  1. Added impact assessment
  2. Consultation response added.
  3. First published.