Mental Health Act Commission

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The Mental Health Act Commission^[1] provides a safeguard for people who are detained in hospital under the powers of the Mental Health Act 1983. (This is the only part of healthcare where patients can be treated under compulsion, and necessarily there are very clear legal requirements on hospitals and the other services involved - primarily Local Authority social services). The Mental Health Act Commission is a monitoring body rather than an inspectorate or regulator. Its concern is primarily the legality of detention and the protection of individuals' human rights. In addition to a visiting programme, the Commission provides important safeguards to patients who lack capacity or refuse to consent to treatment, through the Second Opinion Appointed Doctor Service.

The Mental Health Act Commission was established in 1983 and consists of some 100 members (Commissioners), including laypersons, lawyers, doctors, nurses, social workers, psychologists and other specialists.

[edit] Functions

Its functions are:

to keep under review the operation of the Mental Health Act 1983 in respect of patients detained or liable to be detained under that Act
to visit and interview, in private, patients detained under the Mental Health Act in hospitals and mental nursing homes
to consider the investigation of complaints where these fall within the Commission's remit
to review decisions to withhold the mail of patients detained in the High Security Hospitals
to appoint registered medical practitioners and others to give second opinions in cases where this is required by the Mental Health Act
to publish and lay before Parliament a report every 2 years
to monitor the implementation of the Code of Practice and propose amendments to Ministers

In addition, the Commission is encouraged by the Secretary of State to advise on policy matters that fall within the Commission's remit.

[edit] Proposed future

The Health and Social Care Bill 2007-08^[2] proposes a merger of the Healthcare Commission, the Commission for Social Care Inspection and the Mental Health Act Commission to create a single, integrated regulator for health and adult social care - the Care Quality Commission^[3]. Subject to the passing of the Bill by Parliament, the Care Quality Commission will begin operating in April 2009 as a non-departmental public body.