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art & science mental health

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Implementation of the Mental Health Act 2007
Harvey I (2010) Implementation of the Mental Health Act 2007. Nursing Standard. 24, 51, 42-45. Date of acceptance: May 4 2010.

Summary
This article aims to contribute to an understanding of the Mental Health Act 2007, which came into force in November 2008. The article explains the link between the Mental Health Act, the Mental Health Act Code of Practice and mental health case law. It describes the guiding principles outlined in the Code of Practice, identifies the nine major changes to the Mental Health Act 1983 and discusses the role of the nurse in the care and treatment of people subject to the Mental Health Act 2007.

1986, as amended by the Mental Health (Amendment) (North Ireland) Order 2004. The mental capacity of individuals must be assessed to determine if the deprivation of liberty of the mentally incapacitated person could apply when considering compulsion under the Mental Health Act 1983 (Department for Constitutional Affairs 2007).

Author
Ian Harvey, mental health act trainer, Cumbria Partnership Trust, Carleton Clinic, Carlisle. Email: ian.harvey@cumbria.nhs.uk

Guiding principles
It is important to understand what influences the legal framework of mental health and how this affects the care and treatment of individuals. The Mental Health Act is the law. Case law develops as a result of challenges to the interpretation of that law. The Mental Health Act Code of Practice provides guidance on how practitioners should undertake duties under the Mental Health Act. The guiding principles are based on evidence-based practice and value-based approaches linked to ethical considerations and individual rights. The guiding principles include purpose, least restrictive alternative, respect, participation, and effectiveness, efficiency and equity. Purpose When considering compulsion, decision makers should try to minimise any harm to the individual and other people as


References: Department for Constitutional Affairs (2007) Mental Capacity Act 2005: Code of Practice. www.dca.gov.uk/legal-policy/ mental-capacity/mca-cp.pdf (Last accessed: August 13 2010.) Department of Health (2006a) The Mental Health Bill 2006: Briefing Sheets on Key Policy Areas. The Stationery Office, London. Department of Health (2006b) Briefing Sheet: Nearest Relative. The Stationery Office, London. Department of Health (2006c) Briefing Sheet: Supervised Community Treatment. The Stationery Office, London. Department of Health (2008) Code of Practice: Mental Health Act 1983. The Stationery Office, London. Department of Health, National Institute for Mental Health in England (2008) Supervised Community Treatment: A Guide for Practitioners. http://old.nimhe. csip.org.uk/silo/files/sct-a-guide.pdf (Last accessed: August 13 2010.) James E, Cornock MA (2008) The legal status of the term ‘next of kin’. Nursing Standard. 22, 44, 45-48. Jones R (2009) Mental Health Act Manual. Twelfth edition. Sweet & Maxwell, London. Lawton-Smith S (2005) A Question of Numbers: The Potential Impact of Community-based Treatment Orders in England and Wales. King’s Fund, London. Mind (2007) Government’s Own Research Shows CTOs Will Be of No Benefit. www.mind.org.uk/news/ 1803_governments_own_research_ shows_ctos_will_be_of _no_benefit (Last accessed: August 13 2010.) R v Mental Health Review Tribunal for the South Thames Region ex parte Smith [1999] COD148. NURSING STANDARD august 25 :: vol 24 no 51 :: 2010 45
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