Guidance

Debt respite scheme (breathing space): Guidance on mental health crisis breathing space

Guidance for Approved Mental Health Professionals and others about mental health crisis breathing space

• From: HM Treasury
• Published: 6 April 2021
• Last updated: 9 June 2023
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  1. 9 June 2023

     The existing breathing space regulations concerning mental health crisis breathing spaces were considered by the High Court in several recent cases, specifically the eligibility criteria for someone entering the scheme and the role of debt advisers, most significantly in Kaye v Lees [2023] EWHC 152. The government has therefore updated its mental health crisis breathing space guidance for healthcare professionals to reflect the Court’s interpretation of the existing regulations. Applications and referrals into the scheme should still be made in the same way. In line with the existing process, an Approved Mental Health Professionals will still assess whether individuals are receiving mental health crisis treatment and therefore eligible for the scheme. Meanwhile, the client’s nominated point of contact will still be required to confirm to debt advisers at 30-day intervals whether the individual is still receiving eligible crisis treatment. However, the government advises that AMHPs and NPOCs amend some of their processes as a result of the recent High Court judgment. This is set out in detail in the Guidance on mental health crisis breathing space document and in the Government’s statement regarding Kaye v Lees [2023] EWHC 152 (KB).

  2. 6 April 2021

     First published.

Documents

Debt respite scheme (breathing space): Guidance on mental health crisis breathing space

Ref: ISBN 978-1-911680-60-4, 3099

PDF, 267 KB, 25 pages

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Debt Respite Scheme form

PDF, 94.7 KB, 4 pages

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Mental Health Crisis Breathing Space Guidance Changes Following 2023 High Court Judgments

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Details

This guidance for health and care professionals, including Approved Mental Health Professionals, who may be asked to provide evidence for a mental health crisis breathing space application or to deal with requests from debt advice providers related to a mental health crisis breathing space. It may also be helpful to leaders of local authorities and NHS, independent or voluntary sector organisations, as well as debt advisers, individuals and their carers who wish to understand the mental health crisis breathing space and how it will work. More detailed breathing space guidance for creditors and debt advice providers is available.