How we monitor the use of the Mental Health Act

About our Mental Health Act Reviewers

One of our roles as a regulator is to keep the use of the Mental Health Act (MHA) under review and check it is being used properly.

Our MHA Reviewers perform this work by visiting all places where patients are detained under the act, and meet with them in private. Where requested, arrangements can also be made to meet patients who are on a community treatment order (CTO).

Update on Mental Health Act guidance notes

In 2013 we removed our Mental Health Act guidance notes from the website. We wanted to review the content of the notes against the latest policy, practice and guidance available. At the time we also wanted to test if they were still required or if they duplicated information from other agencies and guidance.

Following an initial review we have taken the decision not to reissue the guidance notes. We believe they would duplicate information we now plan to include in our Mental Health Provider Handbook. Any copies of the guidance notes are considered to be out of date and not valid due to the length of time since they have last been reviewed in full.

Where providers have referred to the discontinued guidance notes in local policies and procedures they should be updated and reference to other current guidance should be made wherever possible.

In April 2014, CQC started its consultation on a Provider Handbook for Specialist Mental Health Services. This outlines how we inspect across mental health services and what the focus of such inspections will be including how we will inspect against the MHA and the Code of Practice. We will focus our own publications, wherever possible, on what we expect from providers and what we ask our own staff to look at when they are carrying out MHA work.

We will episodically issue information for SOADs to assist them in making their independent judgements.

We will be continuing to work on the MHA aspects of the provider handbook and updates will be posted on our website and through the provider community site.

If you have any questions about this update then please do contact us at MHAEnquiries@cqc.org.uk.

Further guidance

• Statutory forms for the Mental Health Act 1983 from the Wiki Mental Health website (opens in new window)
• The Department of Health's leaflets on patient rights (opens in new window)
• Translated versions of the Department of Health's leaflets on patient rights (opens in new window)