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Mental health law briefing 238 – CQC Report: Monitoring the Mental Health Act in 2015/16

The Care Quality Commission (CQC) has recently published its latest report on the operation of the Mental Health Act.

Although it comments on the numerous examples of good practice that they have seen, it highlights inadequacies in the following areas:

  • Staff on less than half of the wards reviewed by the CQC had received training in the changes to the Code of Practice to the Mental Health Act and any consequent amendments to policies or procedures.
  • The Code’s expectations in relation to care planning, patient involvement and discharge planning were poor.
  • The Second Opinion Appointed Doctor changed treatment plans in 27% of visits.
  • In 10% of cases there is no evidence that patients’ rights were explained to them at the point of detention.
  • CQC received 1,422 complaints. Key issues included medication, care provided, leave arrangements and safeguarding concerns.

A copy of the full CQC Report can be accessed by clicking here.

Clearly the issues highlighted could usefully be targeted for improvement. The CQC has commented in particular that the training issue in relation to the amendments to the Code of Practice will impact on ratings and this should therefore be a priority for providers to consider.

For more information or guidance, please contact:

Andrew Parsons
Partner and Head of Healthcare – Providers
T. 020 7227 7040

December 2016


This briefing is for guidance purposes only. RadcliffesLeBrasseur LLP accepts no responsibility or liability whatsoever for any action taken or not taken in relation to this note and recommends that appropriate legal advice be taken having regard to a client's own particular circumstances.

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