Greater awareness and understanding of the Mental Capacity Act 2005 is needed

31 January 2014

Emily Wooster, Policy Manager at the Mental Health Foundation comments on the CQC report Monitoring the Mental Health Act 2012/13 which examines how services in England exercise their powers and discharge their duties in relation to people who are detained in hospital under the Mental Health Act 1983, or who are subject to community treatment orders (CTOs) or guardianship.

“Many of the issues outlined in CQC's are not new and sadly reflect that for those in hospital, or who are subject to community treatment orders under the Mental Health Act, are not given the care and support they need .

When people are in crisis, they need somewhere to go that's safe and where they will be treated with dignity and respect. It is not acceptable that people are being taken to a police cell, rather than a ‘health based' place of safety to have their mental health needs assessed.

Mental health wards need to be a safe refuge for people when they are vulnerable and inn crises and this report sadly shows that in many instances this is not the case.

The report yet again highlights the need for greater awareness and understanding of the Mental Capacity Act 2005 which provides vital safeguards when making decisions with people, whether or not they are detained under the Mental Health Act about their care and treatment.

We look forward to working with CQC on their improved inspection regime and the expansion of the service user involvement work in inspections."