Statement on Secretary of State’s announcement on retrospective changes to Mental Health Act legislation
This is of relevance only
to doctors who were approved under Section 12 (2) of the MHA and
approved as an Approved Clinician in North East, Yorkshire and
Humber, West Midlands, East Midlands
The Royal College of Psychiatrists was
informed last week by the Department of Health that 'a technical
irregularity' had been identified in some areas of England (North
East, Yorkshire and Humber, West Midlands, East Midlands) in the
way that doctors have been approved to detain patients under the
Mental Health Act 1983. The issue was a technical irregularity
concerning how these doctors were approved to make assessments
under the provisions of the Act, as Section 12 Approved Doctors and
does not concern their competence.
The College has been working closely with
the Department of Health, the relevant Strategic Health Authorities
and Trusts to ensure that this irregularity is remedied as speedily
as possible, with the minimum of distress. As of Friday 26 October
2012, all the doctors involved in these Strategic Health
Authorities have been properly approved and this approval error
corrected.
The Department of Health has now received legal advice from the
First Treasury Counsel that states that all current and
previous detentions under the Mental Health Act 1983 are legal.
However, this advice recommends emergency retrospective legislation
to provide absolute legal clarity that this is the case. The
Department have assured us that in light of the legal advice, the
doctors involved should continue their duties and practice as
normal.
The Secretary of State announced today (29
October 2012) that the legislation will be a simple and rapid
process, and will apply in principle to the approval of all doctors
under the Mental Health Act 1983.
The doctors involved have been through a
rigorous process to take on these duties and have all been approved
to undertake the role of Section 12 Approved Doctors. All of the
proper clinical processes were applied when detaining these
patients.
Professor Sue Bailey, President of the
Royal College of Psychiatrists said, "The safety and welfare of
patients is paramount and I am confident this technical irregularly
will not affect their care and treatment. I am pleased that the
Department of Health has found a rapid solution to this problem.
Our members have always acted in good faith and in the best
interest of their patients.“
For further information
please contact Gary Ward, Temporary Media & Communications
Manager, Royal College of Psychiatrists.
Tel: 020 7235 2351 ext 6298;
email: gward@rcpsych.ac.uk