This policy outlines requirements to meet the requirements of the Children Act 1989 and the Mental Capacity Act 2005 when providing admission and/or treatment to a Child or Young Person.

This policy relates to sections 17A-G Mental Health Act 1983 as amended by Mental Health Act 2007.

This policy outlines procedures for implementing Community Treatment Orders, for making patients subject to recall to hospital, for revocation and discharge of CTO.

It explains the role of Supervised Community Treatment as an alternative to extended section 17 leave of absence, which must be considered (but need not be implemented) every time section 17 leave of 7 or more days is granted.

Incorrectly completed paperwork may lead to the CTO subsequently being declared invalid, with serious consequences both for the patient’s care and for the Trust.

Clinical staff should ensure all CTO paperwork is checked by a MHA Co-ordinator before it is due to become effective.  

Key policy issues:

• Procedure outlines requirements to meet the provisions of s58 and s58A of the Mental Health Act 1983 as amended by the Mental Health Act 2007.
• Outlines requirements of consent to treatment provisions of Part 4A of the Mental Health Act 1983 as amended by the Mental Health Act 2007 for Supervised Community Treatment patients.

KEY POLICY POINTS  Multi agency policy demonstrating commitment by Sussex Partnership NHS Foundation Trust, Sussex Police, South East Coast Ambulance Service NHS Foundation Trust and Local Authorities of East and West Sussex and Brighton & Hove.  Guidance to Managers and staff undertaking duties concerning conveyance following Mental Health Act assessment.  Provides the legal framework which underpins the duties and responsibilities.  Describes the process of conveyance of patients to hospital following assessment under the MHA.  Describes professional duties of Approved Mental Health Professionals who lead in arranging conveyance and confirms the right of delegation to another agency.  Describes the responsibility of South East Coast Ambulance Service NHS Foundation Trust in providing conveyance within a reasonable and agreed time frame.  Describes the role of Sussex Police when assistance is required because of potential risk posed by patient.  Gives guidance on use of restraint.  Provides guidance on out of area conveyance and responsibilities.  Describes the monitoring and review process through multi agency meetings.

Deprivation of liberty safeguards (DOLS) were introduced into the Mental Capacity Act 2005 via the Mental Health Act 2007.

DOLS provides a legal framework in circumstances where deprivation of liberty appears to be unavoidable and aims to prevent breaches of the European Convention on Human Rights.

DOLS apply to people in hospitals and care homes aged 18 years and over with a mental disorder who lack capacity to consent to where their treatment and/or care is given and are deprived of their liberty in their own best interests to protect them from harm.

This policy and procedure provides guidance on the operation of the Mental Capacity Act (MCA) 2005. It is designed to be used by staff throughout the statutory and non-statutory health and social care services across East Sussex