Code of Practice is Go!

The revised Code of Practice and the secondary legislation have now completed the 40 day parliamentary process and will become operational from 3rd November to co-incide with the bulk of the changes to the Mental Health Act 1983 coming into effect. These documents can be found of the Department of Health website here.

Services face the challenge of implementing new mental health legislation which will require significant changes to practice. Implementation of the new Mental Health Act 2007 (MHA) the related Mental Capacity Act (MCA) and Deprivation of Liberty Safeguards (DOLS) is now a reality.

In relation to the Mental Health Act 2007, CSIP’s role is to:

• inform all those involved in mental health care (including the providers of services in the voluntary and statutory sector, users of services and their carers) of the proposed changes and what impact these may have
• work with, and support, the mental health communities in understanding the new legislation, supporting implementation and signposting sources of information
• provide an opportunity to influence National policy. Whilst CSIP cannot influence the parliamentary process, it can influence plans on how any new legislation might be implemented and the development of the accompanying code of practice

In relation to the Mental Capacity Act, CSIP's role will be to:

• support commissioners and advocacy organisations to bring the Independent Mental Capacity Advocacy (IMCA) service into place from April 2007
• coordinate the flow of information and publicity about the Act's implementation
• support the training and education of health and social care staff
• chair regional meetings of the chairs of local implementation networks to share information and coordinate the regional implementation of the Act
• sign off, along with adult directors of social services and social services directors of finance, local multi-agency implementation plans, to confirm allocation of centrally provided training funds

What's New!!!

The Health and Social Care Act 2008 extends the availability of direct payments to those people who lack the capacity to consent to their receipt. In addition, we are also reviewing the current exclusions to receiving direct payments for those subject to various provisions of mental health legislation. We hope that these changes will ensure that previously marginalised groups are able to benefit from the flexibilities that direct payments now offer. The consultation for the new direct payment regulations which reflect the changes described is now open (it will be open until 11 November). Please follow the link below for the consultation document, draft regulations and response template. We would be very interested to hear your opinions on the regulations and answers to the specific questions identified in the consultation document.

http://www.dh.gov.uk/en/Consultations/Liveconsultations/DH_087108

 


Key Contacts:

Lou Brewster - Programme Manager for Mental Health Legislation

Sharon Lansdell - MCA Programme Administrator

Sharon Lansdell - MHA Programme Administrator