Guidance on the Role of the Second Professional under the Mental Health Act

Transcription

1 Guidance on the Role of the Second Professional under the Mental Health Act Exec Director lead Author/ lead Feedback on implementation to Clive Clarke Catherine Dixon Mental Health Act Administrator Catherine Dixon Date of draft 8 October Consultation period Date of ratification 30 th October 2008 Ratified by EDG Date for review vember 2009 Target audience In-patient Staff Version 1 This guidance will be posted on the Trusts intranet

2 Contents: Section Page 1 Introduction 3 2 Definitions 3 3 Purpose of this policy 3 4 Duties 3 5 Scope of this policy 3 6 Specific details the process of developing or revising a policy 3 7 Dissemination, storage and archiving 4 8 Training and other resource implications for this policy 4 9 Audit, monitoring and review 5 10 Implementation plan 5 11 Links to other policies, standards and legislation 5 12 Contact details 5 13 References 5 Appendix A Appendix B Equality impact assessment form Appendix C Human rights act assessment checklist Appendix D Development and consultation process 2

3 1. Introduction The Mental Health Act 2007 amends the Mental Health Act 1983 and introduces the new role of the second professional in relation to the renewal of a patient s detention under section 3 or section Definitions Responsible clinician (Clinician with overall responsibility for the care and treatment of patients detained under the Mental Health Act) 3. Purpose of this Guidance The purpose of this guidance is to ensure the role of second professional is undertaken by appropriate qualified staff. 4. Duties All staff implementing the provisions of the Mental Health Act must be aware of their duties and responsibilities under the Act. This guidance seeks to ensure staff are aware of their duties under this new role 5. Scope of this Policy This guidance applies to all who are involved in the care and treatment of those detained under the Mental Health Act. 6. Specific details Where a Responsible Clinicians after considering all alternatives is satisfied that the criteria for renewing a patient s detention are met, they must submit a report to the Hospital Managers. In compliance with Section 20(5) Mental Health Act 1983, before submitting that report, the Responsible Clinician must first consult with one or more other people who have been professionally concerned with the patient s treatment. Although the Responsible Clinician must consider the opinions of this person/s the renewal of detention is not dependent upon their agreement. The name & profession of the person/s consulted must be recorded on the statutory document (form H5). The amendments to the Mental Health Act 1983 introduce the role of the second professional. The involvement of the second professional is intended to act as an additional safeguard and when considering renewing a patient s detention the Responsible Clinician must obtain the agreement of the second professional that after having considered all alternatives the criteria for continuing detention are met. This agreement must be recorded by the second professional on the same statutory document (form H5). 3

4 The Second Professional:- a) Must not belong to the same profession as the Responsible Clinician b) They could be a nurse, care co-ordinator, social worker or any other member of the multi- disciplinary team c) They must be appropriately qualified with sufficient experience and expertise to decide whether the patient s detention is necessary and lawful d) They should have at least 18months post qualifying experience e) They should be concerned with the patient s treatment and have been actively involved in the planning, management or delivery of the patient s treatment f) They should have had sufficient contact with the patent to be able to make an informed judgement about the patient s case Decision of the Second Professional Unless there are exceptional circumstances, the decision of the identified second professional should be accepted, even if the responsible clinician does not agree with it The Responsible Clinician should identify and record who the second professional will be before examining the patient and deciding whether to make a renewal report. If it is decided that the agreement of a different second professional should be sought, that decision should be drawn to the attention of the hospital managers if, as a result, a renewal report is made. A decision by a second professional not to agree to the renewal does not bring the current period of detention to an end before it would otherwise have expired, however the responsible clinician should consider whether they should discharge the patient from detention. All discussions and decisions should be recorded in the patients care records. 7. Dissemination, storage and archiving This guidance will be posted on the SHSC intranet website. In addition Clinical Directors and Ward Managers will be asked to ensure all staff are made aware of this policy. 8. Training and other resource implications The Trust delivers training on the Mental Health Act and the role of the Second Professional will be included in this training 4

5 9. Audit, monitoring and review Audit & monitoring of these guidelines will be through the Mental Health Act Group. These guidelines will be reviewed in vember Implementation plan For dissemination, storage and archiving see 7 above This policy has been reviewed in and amended in keeping with the changes to the Mental Health Act 1983 and these changes will be included in the Training plan for the Mental Health Act. This policy needs to be operational from 2 vember 2008 Lead Roles - Executive Director with responsibility for Mental Health Act, Fulwood House Mental Health Administrator, Michael Carlisle Centre 11. Contact details Guy Hollingsworth, Service Director, Fulwood House Catherine Dixon, Mental Health Act Administrator, Michael Carlisle Centre 12. References Mental Health Act 1983 as amended by the Mental Health Act 2007 Code of Practice Mental Health Act 1983 (chapter 29) 5

6 Appendix B Equality impact assessment form Appendix E - Equality Impact Assessment Tool To be completed and attached to any procedural document when submitted to the appropriate committee for consideration and approval. Yes/ Comments 1. Does the policy/guidance affect one group less or more favourably than another on the basis of: Race Ethnic origins (including gypsies and travellers) Nationality Gender Culture Religion or belief Sexual orientation including lesbian, gay and bisexual people Age Disability - learning disabilities, physical disability, sensory impairment and mental health problems 2. Is there any evidence that some groups are affected differently? 3. If you have identified potential discrimination, are any exceptions valid, legal and/or justifiable? 4. Is the impact of the policy/guidance likely to be negative? Yes Some BME groups are overrepresented, particularly young African Caribbean men. This is a national pattern and is as a result of a wide range of societal influences, almost all of them outside the mental health service. The introduction of Supervised Community Treatment/ Community Treatment Orders needs to be monitored to establish patterns of use amongst BME groups. 5. If so can the impact be avoided? The issue of certain BME groups and their overrepresentation in MH Act terms is being addressed within the Trust and the PCT. 6. What alternatives are there to achieving the policy/guidance without the impact? 7. Can we reduce the impact by taking different action? Place the issue of BME groups and the MH Act on the Risk Register of the two Adult MH Directorates. Continue to ensure that BME issues are considered when 6

7 Yes/ Comments applying the MH Act. If you have identified a potential discriminatory impact of this procedural document, please refer it to Liz Johnson (Head of Patient Experience, Inclusion and Diversity) together with any suggestions as to the action required to avoid/reduce this impact. For advice in respect of answering the above questions, please contact Liz Johnson. 7

8 Appendix C 2007 Mental Health Act Human Rights Act Assessment Form Introduction The 2007 Mental Health Act implementation within the Sheffield Health and Social Care Trust is within the context of primary legislation from the UK Government. The presumption is therefore that all elements of the Act have been assessed as being within the Human Rights Act. Human Rights Act Articles. Right to life. t appropriate Prohibition of Torture. t appropriate Prohibition of slavery and forced labour. t appropriate Right to liberty and security. The legal framework within which the issue of compulsion sits is clear. Right to a fair trial. As above punishment without law. As above Right to respect for private and family life. As above Freedom of thought, conscience and religion. These freedoms are clearly addressed within the Act Freedom of assembly and association. As above. Right to marry. t appropriate. Prohibition of discrimination. These are clearly addressed within the Act. Greg Harrison

9 Appendix D POLICY DEVELOPMENT AND CONSULTATION PROCESS This Guidance has been developed specifically in order to comply with new requirements in the Mental Health Act. The policy has been developed and consulted via the Mental Health Act 2007 Policy and Procedures Group and the Mental Health Act 2007 Workforce Development Group 9