Clause 14
Mental Health Bill [Lords]
10:30 am
Rosie Winterton (Minister of State (Health Services), Department of Health; Doncaster Central, Labour)
The amendments make technical changes to part 4 of the Mental Health Act 1983 and correct minor inconsistencies that have crept into the legislation. They are intended to maintain the independence and integrity of the second opinion appointed doctor who, under part 4, has various roles in safeguarding the patient by providing a second, independent opinion on certain issues.
Government amendment No. 42 will ensure the independence of the SOAD, who certifies treatment under section 57 of the 1983 Act, among other things. The section covers psycho-surgery and other treatments referred to in regulations and is used only a few times a year. None the less, it is important to ensure that the legislative framework is robust. At the moment, a person in charge of a section 57 treatment who is not an approved clinician could technically be appointed as the SOAD who certifies the treatment. However neurosurgeons who perform psycho-surgery, for example, are unlikely to be clinicians. In practice, it should not happen, but to put it beyond doubt, the amendment makes it clear that the person in charge of a section 57 treatment cannot also be the SOAD who certifies the treatment.
Government amendments Nos. 67, 68, 69 and 70 deal with the SOAD’s duty to consult two other people who are professionally concerned with a patient’s treatment before deciding whether treatment under sections 57, 58 or 58A should be certified. We want a variety of views to inform the SOAD’s decision. At present, the 1983 Act requires the SOAD to consult one person who is a nurse and one person who is neither a nurse or a doctor. The amendments will ensure that neither of the people consulted can be the patient’s responsible clinician or, where different, the person in charge of the treatment. Of course, the SOAD will discuss the treatment with the person in charge, but by placing a duty on the SOAD to consult other professionals, we will ensure that a broad range of perspectives are taken into account.
Government amendment No. 45 makes it clear that the person in charge of a section 57 treatment can carry out all the statutory functions pertaining to that role, which includes providing a report to the Mental Health Act Commission on the treatment of a patient’s condition, whether or not they are an approved clinician. There is an anomaly at the moment in that such functions can be carried out only by an approved clinician in charge of the treatment, but there is no requirement for the person in charge of a section 57 treatment to be an approved clinician. Of course, the Bill will require an approved clinician to be in charge of any part 4 treatment under powers given by the 1983 Act without having to consult. No professional may be in charge of a treatment that they are not required to deliver.
In summary, the amendments will iron out inconsistencies in part 4 that would otherwise flow from the introduction of the role of approved and responsible clinicians.