Mental Health Bill [HL] — Conditions for Community Treatment Orders — 26 Feb 2007 at 18:51

The mental health bill is largely being used to amend the 1983 Mental Health Act. This is therefore an amendment to a bill to amend that Act.

Under the terms of the Bill before this amendment the conditions for a Community Treatment Order were simply that there should be a treatment available in the community that it was necessary for " it is necessary for his health or safety or for the protection of other persons that he should receive such treatment" and that it should be reasonable for the patient to be called back into hospital if required.

The conditions proposed under this amendment were

  • Except where a patient is detained under Part 3 of this Act (a patient concerned in criminal proceedings or under sentence), the patient's ability to make decisions about the provision of medical treatment is significantly impaired because of his mental disorder
  • it is necessary for the protection of others from serious harm that he should receive treatment
  • Subject to his being liable to be recalled to hospital for medical treatment such treatment can be provided without his continuing to be detained in a hospital and it cannot be provided unless he is liable to be recalled to hospital
  • The patient has, on at least one occasion previous to the present admission under section 3, refused to accept medical treatment for a mental disorder and- (i) when appropriate medical treatment has been refused there has been a significant relapse in his mental or physical condition justifying compulsory admission to hospital; and (ii) medical treatment following compulsory admission alleviated or prevented a deterioration in his condition; and
  • Appropriate medical treatment is available for him

There is a general toughening up, including the provision that the patient should not be making rational decisions and that informal treatment has failed with significant effect in the past.

This amendment was rejected by the Lords

Their Lordships divided: Contents, 133; Not-Contents, 136.

Debate in Parliament | Source |

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