Form CTO2 - Regulation 6(2)(b) Mental Health Act 1983 . Any cases with a hyperlink to this legislation will automatically be added here. See also (1) The 1983 Act is amended as follows. The law that gives this right is section 117 of the Mental Health Act, and it is often referred to as 'section 117 aftercare'. Mental Health Act Section 17 Leave Version 6.0 Page 1 of 17 MENTAL HEALTH ACT SECTION 17 LEAVE POLICY Director for Mental H Approval at: Committee Document Author Authorised Written By: MHA & MCA Lead Date: February 2018 Date: Authorised By: Chief Executive 9th October 2018 Lead Director: ealth Effective Date: 9 thOctober 2018 Review Date: 8 October 2021 Policy Management Sub-Date … The police also have the power to keep you at your home or take you to a ‘place of safety.’ Even if you don’t want to go with them. To explore the experiences of emergency workers dealing with incidents in which section 136 of the Mental Health Act 1983 is invoked by the police. Section 17 of part II of the act allows for a patient to be given permission to have leave of absence from the hospital for a specified time. Section 26 and 29 These sections deal with the nearest relative. PROCEDURE/IMPLEMENTATION 4 5.1 Definition of Urgent Treatment 4 5.2 Treatment that can be administered under section … It requires only one medical recommendation from a doctor and the application is usually by an Approved Mental Health Professional, on very rare occasions it can be applied by the Nearest Relative. Supervised Community Treatment replaces Supervised Discharge 3/11/08; Related cases. Section 2 of the Act allows a person to be detained in hospital to have their mental condition assessed. Section 117 of the Mental Health Act says that the NHS and social services must give you free aftercare. A CTO allows the patient to be discharged from hospital under conditions agreed to ensure they receive medical treatment for mental disorder, prevent a risk of harm to their health or safety and/or protect other people. Section 17B — Variation of conditions of a community treatment order. (iii) the conditions made above under section 17B(2) are necessary or appropriate for one or more of the purposes specified. There are changes that may be brought into force at a future date. It also specifies that the patient is to be the responsibility of a named person. This section applies if you are already detained under the Mental Health Act. Mental Health Act. The team of professionals would be an Approved Mental Health Professional known as an AMHP and two doctors. The Mental Health Act 1983 Code of Practice The MHA Code of Practice should be followed by professionals who are involved in your care and treatment. ‘Aftercare’ can mean anything that: meets a need you have because of the mental health condition that caused you to be detained, and; reduces the risk that your condition will deteriorate. It … PURPOSE 3 3. This section gives the responsible clinician power to grant you leave for a specified period of time from the ward and the hospital. Revised legislation carried on this site may not be fully up to date. You have failed to comply with the condition imposed under section 17B of the Mental Health Act 1983 that you make yourself available for examination for the purpose of: consideration of extension of the community treatment period under section 20A. The Reference Guide is divided into 38 chapters with five annexes. Presentation and content iii. Detention can last for up to 72 hours to allow a Mental Health Act assessment to take place. Form CTO2 Regulation 6(2)(b) Mental Health Act 1983 Section 17B – variation of conditions of a community treatment order am the responsible clinician for (PRINT full name and address of the community patient). This policy takes the requirements of the European Convention of Human Rights into account. Changes to Legislation . If the patient fails to return from the period of leave, he/she can be apprehended and returned. I [PRINT full name, address and, if sending by means of electronic communication, email address of the responsible clinician] am the responsible clinician for [PRINT full name and address of the community patient]. This means the court send you to hospital instead of prison. Section 135 (s135) is part of the Mental Health Act. Section 17A — Community treatment order (Parts 1 and 3 of this form are to be completed by the responsible clinician and Part 2 by an approved mental health professional) PART 1. Chapters have been grouped into eight clusters relating to common themes and topics. A team of health professionals assessed your mental health and decided that the best way to provide the care and treatment you need is to admit you to hospital under Section 3 for treatment. Changes that have been made appear in the content and are referenced with annotations. Section 6 of the Human Rights Act 1998 requires staff to carry out these duties, as far as the Mental Health Act 1983 allows, in a way that is not incompatible with a persons rights under the European Convention of Human Rights; Article 8: Right to Private and Family Life, Article 2: Right to Life and Article 5: Right to Liberty are relevant. The Code of Practice provides guidance to health professionals about the MHA and is also intended to be helpful to you, your family, carers, representatives, friends, advocates and anyone else who supports you. Changes that have been made appear in the content and are referenced with annotations. 48 can be placed on a Community Treatment Order (CTO) under section 17A of the Mental Health Act 1983. Change made by Mental Health Act 2007. Signed Date / / Approved mental health professional PART 3 I exercise my power under section 17A of the Mental Health Act 1983 to make a community treatment order in respect of the patient named in Part 1 of this Form. I am varying the conditions attaching to the community treatment order for the above named patient. The Mental Health Act 1983 Code of Practice The MHA Code of Practice should be followed by professionals who are involved in your care and treatment. Notification of the death of a service user must include a description of the circumstances of the death. Form CTO1 - Regulation 6(1)(a), (b) and 6(2)(a) Mental Health Act 1983. It can include things like social care, supported housing, and treatment. on the use of Section 62 Mental Health Act 1983 . Designation of health establishments administered under the auspices of State 6. “conditions”, and are allowed under section 17B of the Mental Health Act. The law that gives this right is section 117 of the Mental Health Act, and it is often referred to as 'section 117 aftercare'. There are changes that may be brought into force at a future date. Mental Health Act 1983, Section 17C is up to date with all changes known to be in force on or before 10 November 2020. It can’t be used to remove you from your own home, or someone else’s home. The Mental Health Act is a law. No results. these duties, as far as the Mental Health Act 1983 allows, in a way that is not incompatible with a person’s rights under the European Convention of Human Rights; in particular, Article 8: Right to Private and Family Life, Article 2: Right to Life and Article 5: Right to Liberty are relevant. Changes to Legislation . 2a. Page 2 of 9 CONTENTS SECTION PAGE 1. enabling a Part 4A certificate to be given. CTO forms (CTO1 to CTO12) for use in connection with placing an individual under a CTO or those already subject to this order under the Mental Health Act 1983. provisions of the Mental Health Act 1983 (the Act). 4 No. This can cover all kinds of things like healthcare, social care and supported accommodation. (2) After section 17 insert— “ 17A Community treatment orders (1) The responsible clinician may by order in writing discharge a detained patient from hospital subject to his being liable to recall in accordance with section 17E below. Emergency admission to hospital for up to 72 hours to allow a Mental Health Act assessment to take place. There are a small number of clarifications to the Code of Practice and these are listed in Figure 1 at the end of this Introduction. Section 4. Being sectioned means that you are kept in hospital under the Mental Health Act 1983 - a piece of legislation that covers the treatment, assessment and rights of those with mental disorders. There may be other relevant cases without a hyperlink, so please check the mental health case law page. Section 136 (s136) is part of the Mental Health Act. Even if you don’t want them to. Health authorities and local social services have a legal duty to provide you with section 117 aftercare if: you've been detained under Mental Health Act sections 3, 37, 47 or 48, but have left hospital, or ; you're under a community treatment order (CTO). RESPONSIBILITIES, ACCOUNTABILIITES AND DUTIES 3 4.1 Responsible Clinician 3 4.2 Clinical Staff 3 4.3 Mental Health Act Offices 4 5. S136 means that the police have the power to take you to a place of safety or keep you in a place of safety. Provision of mental health care, treatment and rehabilitation services at health :IS psychiatric hospitals or as care and rehabilitation centres estahlishments CHAPTER I11 RIGHTS A ND … Section 4 of the Mental Health Act is an emergency application for detention in hospital for up to 72 hours. Section 47 of the Mental Health Act allows mental health professionals to transfer you from prison to hospital for treatment. Aftercare is the help you will get in the community after you leave hospital. Your responsible clinician and an approved mental health professional must agree that these conditions are appropriate, and will arrange any help you need to keep to them. You have been recalled to this hospital under section 17E of the Mental Health Act 1983 because the person in charge of your care (your responsible clinician) thinks you need to be here to be treated for your mental disorder or to be examined. 24024 GOVERNMENT GAZETTE, 6 NOVEMBER 2002 Act No. The prison will ask the Secretary of State for Justice for permission to transfer you to hospital. To be transferred from prison to hospital, you must be so unwell that you need treatment in hospital. The Code of Practice provides guidance to health professionals about the MHA and is also intended to be helpful to you, your family, carers, representatives, friends, advocates and anyone else who supports you. Section CHAPTER I 5 . INTRODUCTION 3 2. S135 means that police officers and health professionals can legally go into your home. under the Mental Health Act 1983 ("the 1983 Act"); or; pursuant to an order or direction made under another enactment (which applies in relation to England), where that detention takes effect as if the order or direction were made pursuant to the provisions of the 1983 Act. The service user must already be an in-patient in hospital, but not necessarily for treatment for mental disorder. 17, 2002 MENTAL HEALTH CARE ACT, 2002 5. You are likely to be asked to keep to certain conditions, like returning on a certain day and time, or staying at a particular place or in the care of a particular person. They have the power to do this under section 37 of The Mental Health Act. ii. The Mental Health Act is a law. A section 37 Mental Health Act detention is known as a hospital order. SCOPE 3 4. Mental Health Act 1983: Code of Practice Presented to Parliament pursuant to section 118 of the Mental Health Act 1983. This section gives the responsible clinician power to grant you leave from your hospital for a specifi ed period of time. Section 17A Mental Health Act 1983 – Community Treatment Order (“CTO”) What is this? It is different to a prison sentence. This can happen if they refuse to do this voluntarily or if they are likely to change their mind about going into hospital. Results . Mental Health Act 1983, Section 17A is up to date with all changes known to be in force on or before 09 December 2020. Data from interviews with police officers and ambulance workers in a London locality were subject to interpretative phenomenological analysis. 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