MHA and MCA

pdf Advance Decisions to Refuse Treatment (ADRT) & Advance Statements Policy (461 KB)

pdf Advance Decisions to Refuse Treatment (ADRT) and Advance Statements Policy on a Page (176 KB)

Policy and procedure for the use of Advance Statements and Advance Decisions to refuse treatment across the Trust. This policy is designed to support staff in the creation, recording, monitoring and application of advance statements and advance decisions to refuse treatment.

If you would like to see the Equality & Human Rights Impact Analysis (EHRIA), please click on the link below:

pdf EHIRA - Advance Decisions (416 KB)

 

pdf Assessment of Persons Under Sections 135 & 136 of the MHA 1983 Policy (1.91 MB)

pdf Policy on a Page - Assessment of Persons Under Sections 135 & 136 of the MHA (285 KB)

document S135(2) Warrant Application (46 KB)

document S135(2) Supporting Information for Warrant (56 KB)

pdf Assessment of Persons Under Sections 135 & 136 of the MHA 1983 - s135 warrants - out of hours (109 KB)

pdf Mental Health Guidance South East Region Search Warrants (Version 3 10.06.21) - In Court Hours (364 KB)

pdf Mental Health guidance South East Region Search warrants Version 3 10 06 21 In Court Hours Court Fees Pay Form (14 KB)

pdf Mental Health guidance South East Region Search warrants Version 3 10 06 21 In Court Hours Warrant To Search For & Remove Patient (33 KB)

pdf Mental Health guidance SE Region Search warrants Version 3 10 06 21 In Court Hours Info For Warrant To Enter Premises & Remove Person (36 KB)

pdf Mental Health guidance SE Region Search warrants Version 3 10 06 21 In Court Hours Info Warrant To Enter Premises & Remove Patient (33 KB)

pdf Mental Health guidance SE Region Search warrants Version 3 10 06 21 In Court Hours Template Warrant To Search For & Remove Patient (29 KB)

  pdf Section 135(2) Application Process Flowchart (September 2021) (177 KB)  

KEY POLICY ISSUES:

  • How to develop new procedural documents inc. policies, procedures, protocols, guidelines and terms of reference
  • How to draft wording/format for new procedural documents
  • How to get procedural documents ratified
  • How to distribute procedural documents
  • How to review procedural document

If you would like to see the Equality & Human Rights Impact Analysis (EHRIA), please click on the link

pdf EHRIA - Assessment of Persons Under S135 & S136 of the MHA (542 KB)

 

pdf Associate Hospital Managers – Conducting Patient Hearings Policy (111 KB)

pdf Appendix 1 Associate Hospital Managers Protocol and Resources (291 KB)

pdf Associate Hospital Managers – Conducting Patient Hearings Policy on a Page (83 KB)

 This policy applies to all Associate Hospital Managers and to the MHA Services team.

 This policy provides guidance for Associate Hospital Managers panels when conducting MHA patient hearings and exercising their power of discharge under Section 23 of the MHA.

 

pdf CHYPS Consent Policy (328 KB)

pdf CHYPS Consent Policy on a Page (87 KB)

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.

If you would like to see the Equality & Human Rights Impact Analysis (EHRIA), please click on the link below:

pdf CHYPS Consent EHRIA (522 KB)

pdf Community Treatment Order Policy (534 KB)

pdf Policy on a Page - Community Treatment Order
(177 KB)

• This policy applies to all Sussex Partnership NHS Foundation Trust

• This policy relates to Sections 17A-G Mental Health Act 1983

• This policy sets out procedures for implementing Community Treatment Orders (CTOs), recall of CTO patients to hospital, revocation of CTOs, treatment of CTO patients in hospital and in the community and discharge of CTOs

• This policy explains the relationship between CTOs, guardianship and section 17 leave of absence under the Mental Health Act 1983 (MHA)

• There is no legal provision for statutory CTO paperwork to be amended, so clinical staff must ensure that all CTO paperwork is checked by an MHA Co-ordinator before it is due to take legal effect.

If you would like to see the Equality & Human Rights Impact Analysis (EHRIA), please click on the link below:

pdf EHRIA - Community Treatment Order (487 KB)

 

pdf Consent to Treatment Policy (378 KB)

pdf Consent to Treatment Policy on a Page (137 KB)

  • This policy outlines requirements to meet Part IV of the Mental Health Act 1983 ("MHA").
  • Outlines requirements of consent to treatment provisions of Part 4A of the MHA and the Health and Social Care Act 2012 for patients subject to a Community Treatment Order.
  • This policy applies to all staff groups who work with patients who are detained under a section of the MHA where Part IV applies.

If you would like to see the Equality & Human Rights Impact Analysis (EHRIA), please click on the link.

pdf EHRIA - Consent to Treatment (735 KB)

 

These policies are for staff use only. To request a copy, please contact the Corporate Governance Team on: This email address is being protected from spambots. You need JavaScript enabled to view it.

Alternatively, if viewing from a Sussex Partnership location, please follow the links below (these will not work if accessed externally):

Conveyance of Patients S6 Policy

The MHA Code of Practice (2008 revised 2015) requires local Social Services Authorities (defined in s145 (1) MHA), the NHS and Sussex Police to establish a clear policy for the use of the powers to convey a person to hospital under s6 (1) MHA.

This policy and procedures outline the roles and responsibilities of each of the organisations that are the signatory bodies. This policy and procedures therefore provide guidance for ambulance service personnel, medical and/or other healthcare practitioners, Approved Mental Health Professionals (AMHPs - as defined in s114 Mental Health Act) and police officers.

If you would like to see the Equality & Human Rights Impact Analysis (EHRIA), please click on the link below:

EHRIA - Conveyance of Patients

 

pdf Deprivation of Liberty Safeguard (DOLS) Policy (745 KB)

pdf Policy on a Page - Deprivation of Liberty (DoLS) (776 KB)

  • Guidance for staff on the test for whether a patient has been deprived of their liberty
  • Guidance on the Mental Capacity Act 2005 (MCA) interface with the Mental Health Act 1983 (MHA)
  • Guidance for staff on how to apply for authorisation of a deprivation of liberty where a deprivation cannot be avoided.

If you would like to see the Equality & Human Rights Impact Analysis (EHRIA), please click on the link below:

pdf EHRIA - Deprivation of Liberty (DoLS) (255 KB)

 

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

pdf East Sussex Mental Capacity Multi-Agency Policy & Procedures (580 KB)

 

pdf Independent Mental Capacity Advocates Policy (284 KB)

pdf Independent Mental Capacity Advocates Policy on a Page (86 KB)

This Policy and procedure is to cover the provision of Independent Mental Capacity Advocates for patients who lack capacity in relation to a significant decision, and who do not have support or representation.

If you would like to see the Equality & Human Rights Impact Analysis (EHRIA), please click on the link below:

pdf Independent Mental Capacity Advocates EHRIA (392 KB)

pdf Independent Mental Health Advocates Policy (674 KB)

pdf Independent Mental Health Advocates Policy on a Page (1.00 MB)

Policy and procedure to cover the statutory role of the Independent Mental Health Advocate (IMHA), including rights of certain groups of patients to receive support from the IMHA service and the responsibility of staff to refer certain groups of patients to the service.

If you would like to see the Equality & Human Rights Impact Analysis (EHRIA), please click on the link.

pdf Independent Mental Health Advocates EIA Screening Tool (251 KB)

 

pdf Information for Detained Patients, Patients subject to a Community Treatment Order and Nearest Relatives Policy (232 KB)

pdf Information for Detained Patients, Patients subject to a Community Treatment Order and Nearest Relatives Policy on a Page (1017 KB)

This procedure outlines the formal process of informing patients detained under the Mental Health Act (“MHA”) 1983 of their rights. It also outlines information that should be provided to patients who are discharged from detention under the MHA.

If you would like to see the Equality & Human Rights Impact Analysis (EHRIA), please click on the link.

pdf EHRIA - Information for Detained Patients (399 KB)

 

 

pdf Leave of Absence S17 Policy (279 KB)

pdf Leave of Absence S17 Policy on a Page (157 KB)

This policy covers the grant of section 17 leave, recall from leave and administrative requirements.

This policy also incorporates a specific Forensic Healthcare protocol on the granting of section 17 leave.

If you would like to see the Equality & Human Rights Impact Analysis (EHRIA), please click on the link below:

pdf EHRIA - Leave of Absence (S17) (380 KB)

 

pdf Mental Capacity Act 2005 Policy (207 KB)

pdf Policy on a Page - Mental Capacity Act (83 KB)

The MCA provides a statutory framework to empower and protect vulnerable people who are unable to make all, or some, decisions for themselves. The MCA explains who can take decisions, in which situations, and how they should go about this.

It also enables people to plan ahead for a time when they may lose capacity.

This policy provides staff working in or with Sussex Partnership NHS Foundation Trust (Sussex Partnership) with guidance on the MCA 2005. It sets out the main provisions of the MCA 2005 and roles and responsibilities of staff. This policy is not a replacement for the Code of Practice to the MCA 2005; the Code should be consulted to guide on good practice.

If you would like to see the Equality & Human Rights Impact Analysis (EHRIA), please click on the link below:

pdf EHRIA - Mental Capacity Act (473 KB)

 

pdf Policy on a Page - Section 117 Overarching Policy (296 KB)

pdf Mental Health Act Section 117 Overarching Policy (93 KB)

pdf East Sussex County Council Section 117 Local Agreement (652 KB)

pdf West Sussex County Council Section 117 Policy & Procedures (301 KB)

Section 117 of the Mental Health Act 1983 (MHA 1983) as amended 2007, relates to after-care and imposes duties on the Local Authority and Primary Care Trusts to plan and provide such aftercare.

Section 117 applies to those subject to the following sections of the MHA 1983:

  • Section 3-compulsory admission to hospital for treatment
  • Section 37-detention in psychiatric hospital under a court order
  • Section 45A-detention in hospital under a court order
  • Section 47-under a transfer to hospital from prison
  • Section 48-under a transfer to hospital to prison
  • Section 17-where there is a requirement to live in residential accommodation
  • Section 17A-Community Treatment Orders

This document has been developed jointly by the professional heads of social care for West Sussex, Brighton and Hove and East Sussex to provide clarification for staff in carrying out the duties under Section 117.

Section 117 applies to both children and adults who meet the relevant legal criteria.

Section 117 status must be recorded on CPA.

If you would like to see the Equality & Human Rights Impact Analysis (EHRIA), please click on the link.

pdf EHRIA - Mental Health Act Section 117 Overarching Policy (414 KB)

 

pdf Section 134 Patient Correspondence Policy (95 KB)

pdf Section 134 Correspondence Policy on a Page (86 KB)

This policy outlines when mail can be inspected and withheld and the procedure to follow.

This policy will enable staff to:

• Understand the rights of patients under this section

• Understand their responsibilities and recording requirements

The guidance contained in this policy outlines provisions available in all hospitals. Additional provisions are available for high-security hospitals only - these are not covered in this policy.

 

pdf Section 23 - Discharge of Patients Policy (352 KB)

pdf Section 23 - Discharge of Patients Policy on a Page (777 KB)

This policy is based on the statutory provisions within the Mental Health Act 1983, the related Code of Practice, Reference Guide and Mental Health Regulations. It outlines who can discharge a patient from detention under the Mental Health Act and the process to follow. 

If you would like to see the Equality & Human Rights Impact Analysis (EHRIA), please click on the link below:

pdf Section 23 Discharge of Patients EIA Screening Tool (248 KB)

 

pdf Section 5 (Holding Powers) Policy (225 KB)

pdf Section 5 policy on a page (June 2020) (150 KB)

Policy and procedure for the use of the “Doctors Holding Power – Section 5(2) of the Mental Health Act and the “Nurses Holding Power” - Section 5(4) of the Mental Health Act.

If you would like to see the Equality & Human Rights Impact Analysis (EHRIA), please click on the link.

pdf EHRIA - Section 5 (Holding Powers) (454 KB)

 

pdf Victims Rights Under The Domestic Violence, Crime And Victims Act (DVCVA) Policy (826 KB)

pdf TPMHA&MCA312 DVCV Policy on a Page (455 KB)

Policy and procedure for managing the rights of victims of serious violent and sexual offences with regard to a Part 3 patient's (mentally disordered offender) treatment and discharge. 

This is a joint policy between Sussex Partnership NHS Foundation Trust and the Probation Service.

If you would like to see the Equality & Human Rights Impact Analysis (EHRIA), please click on the link.

pdf EHRIA - Victims Rights-Domestic Violence (438 KB)

 

pdf Policy on a Page - Visiting Detained Patients in Hospital (152 KB)

pdf Visiting Detained Patients in Hospital Policy (222 KB)

pdf Visiting Detained Patients in Hospital Policy - Appendix A (59 KB)

pdf Visiting Detained Patients in Hospital Policy - Appendix B (56 KB)

pdf Visiting Detained Patients in Hospital Policy - Appendix C (58 KB)

The policy and procedure to cover visiting patients in hospital who are detained under the Mental Health Act and those circumstances where it may be necessary to consider the exclusion of visitors to such patients.

If you would like to see the Equality & Human Rights Impact Analysis (EHRIA), please click on the link. 

pdf EHRIA - Visiting Detained Patients in Hospital (405 KB)