During an assessment of Long stay or rehabilitation mental health wards for working age adults
Mental Health Act and Mental Capacity Act Compliance
Mental Health Act
All staff were trained in and had a good understanding of the Mental Health Act, the Code of Practice and the guiding principles. Staff had received training in the Mental Health Act and the service was 100% compliant.
Staff had easy access to administrative support and legal advice on implementation of the Mental Health Act and its Code of Practice. Staff knew who their Mental Health Act administrators were.
The provider had relevant policies and procedures that reflected the most recent guidance. Staff had easy access to local Mental Health Act policies and procedures and to the Code of Practice.
Patients had easy access to information about independent mental health advocacy.
Staff explained to patients their rights under the Mental Health Act in a way that they could understand, repeated it as required and recorded that they had done it.
Staff ensured that patients were able to take Section 17 leave (permission for patients to leave hospital) when this had been granted.
Staff requested an opinion from a second opinion appointed doctor when necessary.
Staff stored copies of patients' detention papers and associated records, such as, Section 17 leave forms, correctly and so that they were available to all staff that needed access to them. We reviewed Section 17 leave forms and they were in good order. These were also regularly audited.
Mental Capacity Act
Staff had a good understanding of the Mental Capacity Act, in particular the five statutory principles. All staff had received training in the Mental Capacity Act and Deprivation of liberty safeguards.
The provider had a policy on the Mental Capacity Act, including Deprivation of liberty safeguards. Staff were aware of the policy and had access to it. Staff knew where to get internal advice from within the provider regarding the Mental Capacity Act, including Deprivation of liberty safeguards.
Staff took all practical steps to enable patients to make their own decisions. For patients who might have impaired mental capacity, staff assessed and recorded capacity to consent appropriately. They did this on a decision-specific basis with regard to significant decisions.
When patients lacked capacity, staff made decisions in their best interests, recognising the importance of the person’s wishes, feelings, culture and history. We saw evidence of best interest decisions recorded in patient records.
The service had arrangements to monitor adherence to the Mental Capacity Act every 3 months. The service took action when learning had been identified by Mental Health Act visits and audits.