by 1968 c. 20, s. 23(4) (as substituted (prosp.) In any case where a report under subsection (1) above is furnished in respect of a patient who is liable to be detained in pursuance of an application for admission for treatment, the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. Note down and reflect on as many as apply. This section allows a responsible clinician to override a nearest relative’s power of discharge. 4.7 Record my learning and reflection on a regular basis and in accordance with Social Work England's guidance on continuing professional development. 3 para. F1Words in s. 25(1) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. Learning 126(2) On the coming into force of this Act, (a) a person who is a committee of the estate of a person under the former Act is deemed to be a committee of property appointed under this Act; and Everything you write will be stored in your Inform account from which you can copy the information into your Social Work England account, export all the information as a Word file or print it off. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 2(b) (with art. 17, 20082 MENTAL HEALTH CARE ACT, 2002 34. 32, 56, Sch. No changes have been applied to the text. ), F4S. 5 THE MENTAL HEALTHCARE ACT, 2017 ACT NO. 10); S.I. 4. Act But the responsible clinician must act quickly in order to do so. Community Care Inform Adults [online]. Section 10 – Transfer of guardianship in case of death, incapacity etc of guardian. Patients liable to detention in hospital Subsection (1) prevents a nearest relative from exercising his/her power … How has it contributed to your practice? The mental health professional in charge of your care and treatment under the MHA is known as the Responsible Clinician or RC. 3, Sch. Mental Health Act 2007 No 8 Chapter 1 Preliminary 1 Name of Act 2 2 Commencement 2 3 Objects of Act 2 4 Definitions 2 Chapter 2 Voluntary admission to facilities ... 25 Detention after transfer from another health facility 15 26 Detention on request of primary carer, relative or friend 15 Briefly provide the context of your role when you did the CPD? 4.1 Incorporate feedback from a range of sources, including from people with lived experience of my social work practice. Committees continued. Available at: https://adults.ccinform.co.uk/guides/guide-using-attachment-theory-work-adults/ [accessed: INSERT DATE HERE (eg 9 October 2015)]. Any cases with a hyperlink to this legislation will automatically be added here. 2(i) (with art. The District Court was asked to make an order detaining a child in a psychiatric unit under Section 25 of the Mental Health Act. 2005/579, art. This section allows a responsible clinician to override a nearest relative’s power of discharge. 4.2 Use supervision and feedback to critically reflect on, and identify my learning needs, including how I use research and evidence to inform my practice. by 1996 c. 46, ss. 4.4 Demonstrate good subject knowledge on key aspects of social work practice and develop knowledge of current issues in society and social policies impacting on social work. for children, Section 132 – Duty of managers of hospitals to give information to detained patients, Section 132A – Duty of managers of hospitals to give information to community patients, Section 133 – Duty of managers of hospitals to inform nearest relatives of discharge, Section 134A – Review of decisions to withhold correspondence, Section 135 – Warrant to search for and remove patients, Section 136 – Mentally disordered persons found in public places, Section 136A – Use of police stations as places of safety, Section 137 – Provisions as to custody, conveyance and detention, Section 138 – Retaking of patients escaping from custody, Section 139 – Protection for acts done in pursuance of this act, Section 140 – Notification of hospitals having arrangements for special cases, Section 142A – Regulations as to approvals in relation to England and Wales, Section 142B – Delegation of powers of managers of NHS foundation trusts, Section 143 – General provisions as to regulations, orders and rules, Section 146 – Application to Northern Ireland, Section 148 – Consequential and transitional provisions and appeals, Section 149 – Short title, commencement and application to Scilly Isles, Schedule 1 – Application of certain provisions to patients subject to hospital and guardianship orders, Schedule 2 – Mental health review tribunal for Wales, Schedule 5 – Transitional and saving provisions, https://adults.ccinform.co.uk/legislation/mental-health-act-1983/section-25-restrictions-on-discharge-by-nearest-relative/. Please Note: The link to this page has been updated to law_a147019.html. For more information see the EUR-Lex public statement on re-use. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 1. Access essential accompanying documents and information for this legislation item from this tab. During this time your responsible clinician will decide whether you have a serious mental health problem or not. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. Act The Whole The form below replicates that used by Social Work England on your online account, so that when you have to renew your registration you can include this as evidence of your continuing professional development. Section 34 defines “responsible clinician” and section 26 identifies a patient’s nearest relative. by 1957 c. 53, s. 63C(6) (as substituted (prosp.) 4.8 Reflect on my own values and challenge the impact they have on my practice. 4.3 Keep my practice up to date and record how I use research, theories and frameworks to inform my practice and my professional judgement. The Mental Health Act 1959 was an act of the Parliament of the United Kingdom concerning England and Wales which had, as its main objectives, to abolish the distinction between psychiatric hospitals and other types of hospitals and to deinstituitionalise mental health patients and see them treated more by community care.. Approved mental health … Upon being accepted into care by a Norfolk Island health practitioner, the person will be dealt with under section 25. Civil partners are treated as if married when determining nearest relative 1/12/07; Related cases. 3(h)(i)(ix))), (Act: Power to apply conferred (prosp.) Judicial review of need for further involuntary care, treatment and rehabilita- 5 37. Section 8 – Effect of guardianship application, etc. You 10 OF 2017 [7 th April, 2017.] by 1996 c. 46, ss. 32, 56, Sch. Responsible Minister. Act you have selected contains over 4.3 Keep my practice up to date and record how I use research, theories and frameworks to inform my practice and my professional judgement. Restrictions on discharge by nearest relative. 3, Sch. Section 22 – Special provisions as to patients subject to imprisonment etc. 3, Sch. Section 25 : amended , on 1 March 2017 , by section 261 of the District Court Act 2016 (2016 No 49). The duty to provide aftercare also applies if you are given section 17 … Different options to open legislation in order to view more content on screen at once. Which of these do you believe your learning demonstrates? 2 para. How much time have you spent on this activity? 2008/1900, art. MA Education is part of the Mark Allen Group. 12-12-2020 may also experience some issues with your browser, such as an alert box that a script is taking a URL 4 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 25.—(1) Where it appears to a health board with respect to a child who resides or is found in its functional area that— (a) the child is suffering from a mental disorder, and (b) the child requires treatment which he or she is unlikely to receive unless an order is made under this section, Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. The Mental Health Act; Guide to the Mental Health Act (PDF, 5.1MB) The Mental Health Review Board; Facilities Designated under the Mental Health Act (PDF, 115KB) Provincial Quality, Health & Safety Standards and Guidelines for Secure Rooms in Designated Mental Health Facilities (PDF, 5.2MB) 3. 10); S.I. (Act applied (prosp.) 2008/1900, art. ), F2Words in s. 25(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. Section 25: replaced, on 18 May 2009, by section 4 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2008 (2008 No 82). There may be other relevant cases without a hyperlink, so please check the mental health … Act No. 2008/1900, art. Baim, C. (2015) Using attachment theory to work with adults, Guide. 3(h)(i)(ix))), (Act: Power to apply conferred (prosp.) Mental Health Act 1983, Section 25 is up to date with all changes known to be in force on or before 12 December 2020. 3, Sch.). 2008/1900, art. Who is eligible for mental health aftercare? For example: In the text: Use the boxes below to record what you have learned from this activity. The first date in the timeline will usually be the earliest date when the provision came into force. When the Mental Health Act 2015 was introduced the maximum period of emergency detention was increased from 7 days to 11 days. The Whole You (dd-mm-yyyy), Learning or development activity, resource or URL 4.5 Contribute to an open and creative learning culture in the workplace to discuss, reflect on and share best practice. 2, para. A person experiencing a mental illness can receive treatment and support through a voluntary or involuntary process. 3(h)(i)(ix))), (Act applied (prosp.) Section 48 – Removal to hospital of other prisoners, Section 49 – Restriction on discharge of prisoners removed to hospital, Section 50 – Further provisions as to prisons under sentence, Section 51 – Further provisions as to detained persons, Section 52 – Further provisions as to persons remanded by magistrates’ courts, Section 53 – Further provisions as to civil prisoners and persons detained under the immigration acts, Section 54 – Requirements as to medical evidence, Section 54A – Reduction of period for making hospital orders, Section 56 – Patients to whom part 4 applies, Section 57 – Treatment requiring consent and a second opinion, Section 58 – Treatment requiring consent or a second opinion, Section 58A – Electro-convulsive therapy, etc, Section 62A – Treatment on recall of Community Patient or Revocation of Order, Section 63 – Treatment not requiring consent, Section 64 – Supplementary provisions for part IV, Section 64A – Meaning of “relevant treatment”, Section 64D – Adult community patients lacking capacity, Section 64F – Child community patients lacking competence, Section 64G – Emergency treatment for patients lacking capacity or competence, Section 64H – Certificates: Supplementary provisions, Section 64J – Factors to be considered in determining whether patient objects to treatment, Section 65 – Mental health review tribunals, Section 67 – References to tribunals by secretary of state concerning part II patients, Section 68 – Duties of managers of hospitals to refer cases to tribunal, Section 68A – Power to reduce periods under Section 68, Section 69 – Applications to tribunals concerning patients subject to hospital and guardianship orders, Section 70 – Applications to tribunals concerning restricted patients, Section 71 – References by secretary of state concerning restricted patients, Section 73 – Power to discharge restricted patients, Section 74 – Restricted patients subject to restriction directions, Section 75 – Applications and references concerning conditionally discharged patients, Section 76 – Visiting and examination of patients, Section 77 – General provisions concerning tribunal applications, Section 78 – Procedure of Mental Health Review Tribunal for Wales, Section 78A – Appeal from the Mental Health Review Tribunal for Wales to the Upper Tribunal, Section 80 – Removal of patients to scotland, Section 80ZA – Transfer of responsibility for community patients to Scotland, Section 80A – Transfer of responsibility for patients to Scotland, Section 80B – Removal of detained patients from Scotland, Section 80C – Removal of patients subject to compulsion in the community from Scotland, Section 80D – Transfer of conditionally discharged patients from Scotland, Section 81 – Removal of patients to Northern Ireland, Section 81ZA – Removal of community patients to Northern Ireland, Section 81A – Transfer of responsibility for patients to Northern Ireland, Section 82 – Removal to England and Wales of patients from Northern Ireland, Section 82A – Transfer of responsibility for conditionally discharged patients to England and Wales from Northern Ireland, Section 83 – Removal of patients to Channel Islands or Isle of Man, Section 83ZA – Removal or transfer of community patients to Channel Island or Isle of Man, Section 83A – Transfer of responsibility for conditionally discharged patients to Channel Islands or Isle of Man, Section 84 – Removal to England and Wales of offenders found insane in Channel Islands and Isle of Man, Section 85 – Patients removed from Channel Islands or Isle of Man, Section 85ZA – Responsibility for community patients transferred from Channel Islands or Isle of Man, Section 85A – Responsibility for conditionally discharged patients transferred from Channel Islands or Isle of Man, Section 87 – Patients absent from hospitals in Northern Ireland, Section 87 – Patients absent from hospitals in the Channel Islands or Isle of Man, Section 90 – Regulations for purposes of part VI, Section 91 – General provisions as to patients removed from England and Wales, Section 114 – Approval by local social services authority, Section 114ZA – Approval of courses: England, Section 114A – Approval of courses: Wales, Section 115 – Powers of entry and inspection, Section 116 – Welfare of certain hospital patients, Section 117A – After-Care: Preference for particular accomodation, Section 117B – After-Care: Exception for provision of nursing care, Section 119 – Practitioners approved for part IV and S.118, Section 120 – General protection of relevant patients, Section 122 – Provision of pocket money for in-patients in hospital, Section 126 – Forgery, false statements etc, Section 128 – Assisting patients to absent themselves without leave etc, Section 130 – Prosecutions by local authorities, Section 130A – Independent Mental Health Advocates, Section 130B – Arrangements under Section 130A, Section 130C – Section 130A(Supplemental), Section 130D – Duty to give information about independent mental health advocates, Section 130E – Independent Mental Health Advocates(Wales), Section 130F – Arrangements under Section 130E for Welsh qualifying compulsory patients, Section 130G – Arrangements under Section 130E for Welsh qualifying patients, Section 130H – Independent Mental Health Advocates for Wales(Supplementary powers and duties), Section 130I – Welsh qualifying compulsory patients, Section 130J – Welsh qualifying informal patients, Section 130K – Duty to give information about independent Mental Health Advocates to Welsh qualifying compulsory patients, Section 130L – Duty to give information about Independent Mental Health Advocates to Welsh qualifying informal patients, Section 131 – Informal admission of patients, Section 131A – Accommodation etc. When a patient is reassessed under section 29(3)(b) of the Act, the community treatment order ceases to have effect and the patient is reassessed under the provisions of sections 13 and 14 of the Act. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. Section 34 defines “responsible clinician” and section 26 identifies a patient’s nearest relative. Use the boxes below to record what you have learned from this activity. 8, 36(2), Sch. Title * 58(2), 60, Sch. (e) the approved mental health facilities to which a patient may be taken under this section. 2 para. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. Mental Health Act 2014: 1 Dec 2018: Current: 01-g0-02: PDF: Word: HTML: Versions of this Act (includes consolidations, Reprints and “As passed” versions) Subsidiary legislation made under this Act (current versions) History of this Act. 25(1A) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. Minister for Health and Wellbeing: Gazette 22.3.2018 p1256 Minister for Mental Health and Substance Abuse: Gazette 24.6.2010 p3156 2, para. 12(3) (with Sch. Critical reflection - explain the impact that the CPD had on the quality of your practice. Act you have selected contains over 58(2), 60, Sch. 8, 36(2), Sch. [F4(1A)Subsection (1) above shall apply to an order for the discharge of a community patient as it applies to an order for the discharge of a patient who is liable to be detained in a hospital, but with the reference to the managers of the hospital being read as a reference to the managers of the responsible hospital.]. But the responsible clinician must act quickly in order to do so. There are changes that may be brought into force at a future date. Section 25 – Restrictions on discharge by nearest relative. Report on the review of Section 85 of the Mental Health Act 2015. Section 5 (2) is a temporary hold of an informal or voluntary service user on a mental health ward in order for an assessment to be arranged under the Mental Health Act 1983. 2(i) (with art. 10); S.I. Return to the latest available version by using the controls above in the What Version box. What have you learned from this activity? Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. An Act to provide for mental healthcare and services for persons with mental illness and to protect, promote and fulfil the rights of such persons during delivery of mental healthcare Indicates the geographical area that this provision applies to. 4 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 2005/579, art. by 1955 c. 19, s. 116B(4)(c) (as substituted (prosp.) ), F3Words in s. 25(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. (b)no further order for the discharge of the patient shall be made by that relative during the period of six months beginning with the date of the report. 04002826. https://adults.ccinform.co.uk/legislation/mental-health-act-1983/section-25-restrictions-on-discharge-by-nearest-relative/. Act, and you need to be in hospital section 8 – effect of guardianship in case death... - Restrictions on discharge by nearest relative from exercising his/her power [ … ] click. Health Act, R.S.M clinician to override a nearest relative 25 – Restrictions on discharge by relative! Care by a Norfolk Island Health practitioner, the person will be dealt with under section 25 56! Was introduced the maximum period of emergency detention was increased from 7 days to 11 days ( )... On screen at once the CPD learning and reflection on a regular basis in... Which can be found in the workplace to discuss, Reflect on my.! Site may not be fully up to date detained in hospital and treated against your wishes may include this. Information for this legislation item weekend on the basis of parental consent on a regular basis in... 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Is replaced by the 2007 Act, and you need in this section, `` former ''... To record what you have selected contains over 200 provisions and might take some time to download on show... During this time your responsible clinician must Act quickly in order to make websites Work effectively! To imprisonment etc 2 ) inserted ( 3.11.2008 ) by Mental Health Care Act, 1987 will whether! Of further involuntary Care, treatment and rehabilita- 5 37 open the changes and effects are recorded by editorial.
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