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 (1.54 MB)

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 - s135 warrants - out of hours (109 KB)

pdf Assessment of Persons Under Sections 135 & 136 of the MHA 1983 - s135 warrants - In Court Hours (441 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 CHYPS Consent Policy (265 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 (432 KB)

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

pdf Community Treatment Order Policy (230 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 Deprivation of Liberty Safeguard (DOLS) Policy (955 KB)

pdf Policy on a Page - Deprivation of Liberty (DoLS) (151 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) (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 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.

 

pdf Independent Mental Health Advocates Policy (884 KB)

  pdf TPMHA&MCA308 Independant Mental Health Advocates Policy on a Page (549 KB)

This policy and procedure is 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 to 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 EHRIA - Independent Mental Health Advocates (635 KB)

 

pdf Information for Detained Patients & Nearest Relatives Policy (135 KB)

pdf Policy on a Page - Information for Detained Patients (182 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 (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 (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 23 - Discharge of Patients Policy (223 KB)

pdf Section 23 - Discharge of Patients Policy on a Page (151 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. 

 

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 (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)