Mental Health Act
The Mental Health Act 1983
The Mental Health Act 1983 covers the rights, assessment and treatment of people experiencing mental health needs. The act details the process that needs to take place in order to detain a patient under a section of the Mental Health Act and the rights of the individual.
The Mental Capacity Act 2005
The Mental Capacity Act 2005 covers all sorts of situations where people aged 16 years and over need to make a decision about something that affects them, but may be unable to do so (they lack capacity to make the decision). It allows for people to plan ahead in case they may lack capacity in the future.
Independent statutory advocacy services are available to qualifying individuals under both the Mental Health Act and the Mental Capacity Act. Their role is to provide advice, support and ensure the patients views are heard.
Mental Capacity Act 2005 Code of Practice
The Code of Practice provides guidance to anyone who is working with and/or caring for adults who may lack capacity to make particular decisions. In particular, the Code of Practice focuses on those who have a duty of care to someone who lacks the Capacity to agree to the care that is being provided.
Mental Health Act 1983 Code of Practice
The Code provides guidance to registered medical practitioners (“doctors”), approved clinicians, managers and staff of hospitals, and approved mental health professionals on how they should proceed when undertaking duties under the Act.