Monitoring the Mental Health Act in 2020/21
Our annual report, published on 21 February, looks at the use of the Mental Health Act (MHA), focusing on how providers are caring for patients, and whether patients' rights are being protected.
The report highlights concerns that reduced access to community mental health services during the pandemic may have been a contributing factor in the increased number of people being detained under the MHA. The report found that the workforce is under extreme pressure, and Community Services are key to reducing levels of detention in hospital. There is also urgent action needed to address longstanding inequalities in mental health care.
Alongside the report we have published a blog from Deputy Chief Inspector (Lead for Mental Health), Jemima Burnage, reflecting on this year's findings. Read the blog and the full report.
Join our latest webinar where we’ll update you on our current regulatory approach and share the latest on what our new regulatory model will look like.
This one-hour webinar will be an opportunity for providers and professionals who work in healthcare services, organisations who represent them and other stakeholders, to hear how we are regulating and prioritising inspections at the current time.
The webinar will take place on Wednesday 30 March, 10:30 - 11:30am and will be led by Ted Baker, Chief Inspector for Hospitals.
The 2021 Maternity survey results have been published. Women who gave birth between 1 and 28 February 2021 (and January if a trust did not have a minimum of 300 eligible births in February) were invited to take part in the survey.
This was during the third national lockdown for the COVID-19 pandemic. This means that respondents will have gone through their antenatal, labour and birth, and postnatal stages under pandemic conditions. Therefore, results of this survey reflect experiences of care throughout the COVID-19 pandemic.
Results have declined in many areas. This is likely reflecting the impact that the COVID-19 pandemic had on services and staff. Results show that areas particularly affected were involvement of partners, choice, information provision and staff availability.
Mental Health Units (use of force) Act 2018
We expect that registered persons (providers and managers) comply with the Act and its statutory guidance when it comes into force on 31st March 2022. We will monitor compliance and may take action as appropriate in accordance with our statutory powers.
The Act aims to reduce the use of force, and ensure accountability and transparency about its use in mental health units. The Act applies to all patients being assessed or treated for a mental health disorder in a mental health unit. This applies equally to both NHS and independent hospitals providing NHS-funded care.
Mental Health Units must appoint a ‘responsible person’ who is accountable for ensuring the requirements in the act are carried out. The Responsible Person must:
- publish a policy regarding the use of force by staff who work in that unit
- publish information for patients about their rights in relation to the use of force by staff who work in that unit
- ensure staff receive appropriate training in the use of force
- keep records of any use of force on a patient by staff who work in that unit unless the use of force is negligible.
We will update on our plans for monitoring the Act over the coming months. More information on the Act can be found on the Gov.UK website.
An update to our guidance on Regulation 16: Receiving and acting on complaints
We have made changes to our guidance around receiving and dealing with complaints.
The guidance has been updated in direct response to the below recommendation made as a result of this Paterson Inquiry:
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Recommendation 6a
- 'We recommend that information about the means to escalate a complaint to an independent body is communicated more effectively in both the NHS and independent sector'.
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Recommendation 6b
- 'We recommend that all private patients should have the right to mandatory independent resolution of their complaint'.
As a result of this recommendation we agreed to strengthen our guidance on Regulations 16 to make clear that we expect to see arrangements in place for patients to access independent resolution of their complaints where appropriate.
- We have updated our guidance to make it easier to understand if you need to register a location with us. The update guidance can be found on our website.
- Following on from the first Deterioration Survey, published in August 2021, the second care home Deterioration Survey is due to go live on 1st March. A notification for the survey can be found on the Capacity Tracker homepage when logged on.
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