The contingency legislation would enable mental health patients to continue to get the treatment they need in the event of severe staff absences.
The 1983 Act enables people with mental health problems to be detained in hospital, where necessary and justified, for care and treatment. The Act sets out a range of processes that professionals have to follow when people need to be detained. For example, detaining someone normally requires the agreement of two doctors.
The Department of Health is consulting on whether it should temporarily change certain aspects of the 1983 Act in the event of severe staff absences during pandemic flu. The changes would ensure that mental health professionals could continue to operate the Act in the best interests of the patient and for the protection of others.
Strong safeguards would remain in place to protect patients rights, for example, the right to an independent mental health advocate. In addition, if the contingencies are implemented, the Department of Health would propose to ask the Care Quality Commission to convene an oversight group with representation from national mental health service user and professional bodies to advise on progress and the need for ongoing contingency measures.
The full consultation can be found at
http://www.dh.gov.uk/en/Consultations/Liveconsultations/index.htm. The deadline is 7 October 2009.
Responses can be also be sent to pandemicandmentalhealth@dh.gsi.gov.uk or
Mental Health Legislation Team
Department of Health
Wellington
House
133-155 Waterloo Road
London SE1 8UG
Consultation Questions include:
In which circumstances would it be appropriate for the Secretary of State to bring the temporary changes into force?
Who should collect what information about the contingency measures? What arrangements should be made for this information to be passed on?
Should the temporary changes be permissive rather than obligatory - allowing practitioners to use them where circumstances make it necessary but allowing normal safeguards to continue to be adhered to whenever possible?
Should just one medical recommendation be required for a number of actions under part 3 of the 1983 Act and where an approved mental health professional asks for someone to be detained under section 2 or 3 of the 1983 Act?
Should we suspend the obligation to obtain second opinions on medication as part of the temporary measures?
Should we change some time limits as part of the contingency measures? These relate to court orders on conveying people and admitting them to hospital; and Secretary of State warrants on transferring people from prison to hospital.
Should strategic health authorities and local authorities be allowed to approve certain additional people as approved clinicians and approved mental health professionals as part of the contingency changes?
A (H1N1) Swine Influenza: Vaccination Delivery
Ian Dalton, National Director of NHS Flu Resilience, has written to all NHS Chief Executives to provide details of how the swine flu vaccine will be delivered, and to ask all NHS organisations to develop plans to vaccinate eligible frontline staff
Download the letter