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Mental health and the Mental Capacity Act
In this section you can find out more about our work around mental health and mental capacity. This section also includes information about your rights under the Mental Health Act and explains how you can complain about the use of the Act.
What do we do?
We regulate, inspect and rate mental health services
The services we inspect include those for people with mental health needs, learning disabilities and autism and include care, treatment and support provided in hospital and in the community.
Our inspection teams check these services against our five key questions: are they safe?, are they effective?, are they caring?, are they responsive to people’s needs, and are they well-led?
We monitor use of the Mental Health Act
Our job is to check that patients' basic human rights are maintained while they are being cared for or treated under the Mental Health Act.
We visit patients who have been detained and those under community treatment orders and we also appoint Second Opinion Appointed Doctors (SOADs) who check whether the medication that patients receive is correct.
We now include a Mental Health Act reviewer as part of the inspection team for every comprehensive inspection of NHS services where there are detained patients. Find out more about the Mental Health Act integration project.
We monitor use of the Mental Capacity Act and the Act's Deprivation of Liberty Safeguards
We monitor the use of the safeguards (also known as DoLS) in all care homes and hospitals in England, and we also provide advice and information on using them.
We check on the use of the safeguards by visiting the places where they are used.
Care services must tell us about the outcome of their application to deprive someone of their liberty.
We also publish reports and research looking at issues around these topics. Our recent publications:
- Monitoring the Mental Health Act report
- State of Care report (including information on the use of the Mental Capacity Act Deprivation of Liberty Safeguards)
- Right here, right now: Mental health crisis care review
- A safer place to be
See our guidance for providers section for more reviews, surveys and reports
- Last updated:
- 9 December 2016