Statutory Instrument 1997 No. 801

      The Mental Health (Hospital, Guardianship and Consent to Treatment) Amendment Regulations 1997


      © Crown Copyright 1997

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STATUTORY INSTRUMENTS

1997 No. 801

MENTAL HEALTH

The Mental Health (Hospital, Guardianship and Consent to Treatment) Amendment Regulations 1997

  Made 13th March 1997 
  Laid before Parliament 13th March 1997 
  Coming into force 7th April 1997 

The Secretary of State for Health in exercise of the powers conferred on him by section 32 of the Mental Health Act 1983[1] and of all other powers enabling him in that behalf, hereby makes the following Regulations: - 

Citation, commencement and interpretation
     1 .  - (1) These Regulations may be cited as the Mental Health (Hospital, Guardianship and Consent to Treatment) Amendment Regulations 1997 and shall come into force on 7th April 1997.

    (2) In these Regulations "the principal Regulations" means the Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983[
2].

Amendment of the principal Regulations
     2 . After regulation 10 of the principal Regulations there shall be inserted the following regulation - 

Amendment of Schedule 1 to the principal Regulations
    
3 . In Schedule 1 to the principal Regulations (forms for use in connection with compulsory admission to hospital, guardianship and consent to treatment) after Form 31 there shall be inserted the Forms 31A and 31B set out in the Schedule to these Regulations.



Signed by authority of the Secretary of State for Health.

Simon Burns
Parliamentary Under Secretary of State Department of Health

13th March 1997


SCHEDULE
Regulation 3



FORM 31A

Regulation 10A(a)

MENTAL HEALTH ACT 1983 SECTION 21B

AUTHORITY FOR DETENTION AFTER ABSENCE WITHOUT LEAVE FOR MORE THAN 28 DAYS





PART I

(To be completed by the responsible medical officer)

To the managers of [name of hospital or mental nursing home in which patient is liable to be detained].

I examined [name of patient] on [date of examination] who - 

    (a) was admitted to hospital on [date of admission to hospital under the Mental Health Act 1983];

    (b) was absent without leave from hospital or the place where he ought to be beginning on [date absence without leave began];

    (c) was/is* liable to be detained for a period ending on [date authority for detention would have expired, apart from any extension under section 21, or date on which it will expire]; and

    (d) returned/was returned* to the hospital or place on [date].
* Delete the phrase which does not apply


In my opinion the patient is suffering from - (complete either (a) or (b) or both)

* Delete the indents not applicable
    (a) mental illness/severe mental impairment* and the patient's mental disorder is of a nature or degree which makes it appropriate for him to receive medical treatment in a hospital and either - 

      (i) such treatment is likely to alleviate or prevent a deterioration of his condition

           or

      (ii) the patient, if discharged, is unlikely to be able to care for himself, to obtain the care which he needs or to guard himself against serious exploitation,

* Delete the phrase which does not apply
    (b) psychopathic disorder/mental impairment* and the patient's mental disorder is of a nature or degree which makes it appropriate for him to receive medical treatment in a hospital and such treatment is likely to alleviate or prevent the deterioration of his condition.

I am of the opinion that it is necessary - 

Delete the indents not applicable

      (i) in the interests of the patient's own health

      (ii) in the interests of the patient's own safety

      (iii) with a view to the protection of other persons

    that this patient should receive treatment and it cannot be provided unless the patient continues to be detained under the Act, for the following reasons: - 

[Reasons should indicate whether other methods of care or treatment (e.g. out-patient treatment or local social services authority services) are available and if so why they are not appropriate, and why informal admission is not appropriate].

daggerComplete if appropriate
This report shall/shall notdagger have effect as a report duly furnished under section 20(3) for the renewal of the authority for the detention of the patient.

[The above declaration should be completed if the authority for the detention of the patient is due to expire within a period of two months beginning with the date the report is to be furnished to the managers].

Signed



Add name in block capitals

Date




PART II

(To be completed by the managers)

Delete the phrase which does not apply or both if nearest relative not known
This report was received by the managers/persons authorised to act on behalf of managers on [date]. The patient was informed of this report on [date].

The patient's nearest relative/the person authorised to exercise the functions of the patient's nearest relative was informed of this report on [date].

Signed
on behalf of the managers

Date




FORM 31B

Regulation 10A(b)

MENTAL HEALTH ACT 1983 SECTION 21B AUTHORITY FOR GUARDIANSHIP AFTER ABSENCE WITHOUT LEAVE FOR MORE THAN 28 DAYS





PART I

(To be completed by the responsible medical officer or nominated medical attendant)

To [name of guardian]

[name of responsible local social services authority if it is not the guardian]

dagger Delete the phrase which does not apply
I examined [name of patient] on [date of examination] who - 

    (a) was received into guardianship on [date];

    (b) was absent without leave from the place where he is required to reside beginning on [date absence without leave began];

    (c) was/isdagger subject to guardianship for a period ending on [date authority for guardianship would have expired, apart from any extension under section 21, or date on which it will expire]; and

    (d) returned/was returneddagger to that place on [date].

* Insert mental illness, severe mental impairment, psychopathic disorder or mental impairment
I am of the opinion that this patient is suffering from* of a nature or degree which warrants the continuation of the guardianship.

It is necessary

Delete (i) or (ii) unless both apply

      (i) in the interests of the welfare of the patient

      (ii) for the protection of other persons

    that the patient should remain under guardianship under the Act for the following reasons - 

[Reasons should indicate why other methods of care are not appropriate].

dagger Complete if appropriate
This report shall/shall notdagger have effect as a report duly furnished under section 20(6) for the renewal of the authority for the guardianship of the patient.

[The above declaration should be completed if the authority for the guardianship of the patient is due to expire within a period of two months beginning with the date the report is to be furnished to the responsible local social services authority].

Signed



daggerDelete whichever does not apply
dagger Responsible Medical Officer
Nominated Medical Attendant

Date




PART II

(To be completed by the responsible local social services authority)

This report was received by/on behalf of the local social services authority on [date].

The patient was informed of this report on [date].

The guardian was informed of this report on [date].

Signed
on behalf of the responsible local social services authority

Date




EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983 by prescribing forms for continuing the detention in hospital or guardianship of a patient who returns, or is returned, after being absent without leave from hospital or the place where he ought to be for more than 28 days.


Notes:

[1] 1983 c.20; section 32 is amended by the Mental Health (Patients in the Community) Act 1995 (c.52), section 1(2) and Schedule 1, paragraph 2 and by the Health Authorities Act 1995 (c.17), section 2(1) and Schedule 1, paragraph 107(4). back

[2] S.I. 1983/893; the relevant amending instrument is S.I. 1996/540. back



ISBN 0 11 064231 7


 

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Prepared 16 April 1997