MHA and MCA

pdf Policy on a Page - ADRT (556 KB)

pdf Advance Decisions to Refuse Treatment (ADRT) & Advance Statements Policy (463 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.

pdf EHIRA - Advance Decisions (416 KB)

 

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

pdf Assessment of Persons Under Sections 135 & 136 of the MHA 1983 (1.98 MB)

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 Policy on a Page - Community Treatment Order (554 KB)

pdf Community Treatment Order Policy (580 KB)

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 CTOs.

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.

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

pdf EHRIA - Community Treatment Order (487 KB)

 

pdf Consent to Treatment Policy (224 KB)

pdf Consent to Treatment Policy on a Page (547 KB)

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.

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)

 

THIS POLICY IS CURRENTLY UNDER REVIEW WITH THE POLICY AUTHOR

WHILST THE POLICY IS UNDER REVIEW, THE CONTENT HAS BEEN CONFIRMED AS REMAINING CURRENT PRACTICE

pdf Conveyance of Patients Under Section 6 of the Mental Health Act (441 KB)

KEY POLICY POINTS:

  • This is a 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.
  • Sets out 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.

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

pdf EHRIA - Conveyance of Patients (352 KB)

 

pdf Policy on a Page - Deprivation of Liberty (DoLS) (559 KB)

pdf Deprivation of Liberty Safeguard (DOLS) Policy (760 KB)

Deprivation of Liberty Safeguards (DOLS) was 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 applies 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.

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

pdf EHRIA - Deprivation of Liberty (DoLS) (470 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 Policy on a Page - IMHA (305 KB)

pdf Independent Mental Health Advocates Policy (467 KB)

This policy is to ensure compliance with the MHA 1983 and associated Code of Practice 2015.

Sussex Partnership staff will adhere to the legal requirements outlined in this document and will support qualifying patients in appointing an IMHA.

Staff will also ensure timely compliance with the process and procedures required to ensure IMHAs gain access to patient records within the timescales set at 5.2.7 and 5.2.8. below.

This document outlines the right of qualifying patients to request an IMHA and the procedure to follow. 

This policy will enable staff to:

  • Understand the rights of qualifying patients to request IMHA support;
  • Understand the role of the IMHA
  • Understand the duty to inform the patient about the availability of IMHA services
  • Understand when an IMHA must be given access to the patient’s integrated health record;
  • Understand when to refer a qualifying patient to the IMHA service.
  • Contact their local IMHA service

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

pdf EHRIA - Independent Mental Health Advocates (419 KB)

 

pdf Policy on a Page - Information for Detained Patients (553 KB)

pdf Information for Detained Patients & Nearest Relatives Policy (390 KB)

The policy and procedure of Section 132 MHA 1983 (Information for detained patients) for use throughout Sussex Partnership NHS Foundation Trust, across all care groups.  The policy covers what information must be given to detained patients, when this must be given and how this is to be recorded.

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

pdf EHRIA - Information for Detained Patients (509 KB)

 

pdf Leave of Absence Policy (318 KB)

KEY POLICY ISSUES:

  • One procedure for use throughout Sussex Partnership NHS Trust to replace the policies used in each locality
  • Includes secure and forensic services
  • Incorporates changes made to the Mental Health Act 1983 and the Code of Practice.

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

pdf EHRIA - Leave of Absence (S17) (453 KB)

 

pdf Policy on a Page - Mental Capacity Act (283 KB)

pdf Mental Capacity Act 2005 Policy (477 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.

pdf EHRIA - Mental Capacity Act (509 KB)

 

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

pdf Mental Health Act Section 117 Overarching Policy (309 KB)

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

pdf West Sussex County Council Section 117 Policy & Procedures (395 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 5 (Holding Powers) Policy (400 KB)

The 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) (502 KB)

 

pdf Victims Rights Under The Domestic Violence, Crime And Victims Act (DVCVA) Policy (374 KB)

Policy and procedure for managing the rights of victims of certain sexual and violent offences committed by patients detained in Sussex Partnership Foundation Trust.

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

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

pdf EHRIA - Victims Rights-Domestic Violence (424 KB)

 

pdf Policy on a Page - Visiting Detained Patients in Hospital (282 KB)

pdf Visiting Detained Patients in Hospital Policy (245 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)