To ask the Secretary of State for Health and Social Care, with reference to the annual statistics published by NHS Digital entitled Inpatients Formally Detained in Hospitals Under the Mental Health Act 1983 and patients subject to Supervised Community Treatment, what legislation patients are detained under when they are detained under previous legislation (Fifth Schedule) and other Acts; and what safeguards are in place to ensure that those patients are appropriately detained.
The publication Inpatients Formally Detained in Hospitals Under the Mental Health Act 1983 and patients subject to Supervised Community Treatment was superseded in 2017 by Mental Health Act Statistics, Annual Figures.
NHS Digital’s data definition for “previous legislation (Fifth Schedule of the Act)” refers to people admitted to hospital under the Mental Health Act 1959 under transitional arrangements in place when the 1983 Act came into force. Its definition of "other Acts" includes Criminal Procedure (Insanity and Unfitness to Plead) Act 1991, Section 47 of the National Assistance Act 1948, Sections 1, 2 or 12 of the Children and Young Persons Act 1969, Children Act 1989, and Section 3 of the Powers of Criminal Courts Act 1973.
The operation of the other Acts named, where they remain extant, is a matter for other Government departments.