The presence of specific safeguards within the MHA 1983
provides an important counterbalance to the extensive powers that
are inherent in the Act.
Their effectiveness relies on
professionals being both aware of the safeguards themselves and
their responsibility to notify patients and Nearest Relatives of
their rights under the Act.
This module considers some of the main
safeguards specific to the Mental Health Act 1983 and its use
The module covers:
- Independent Mental Health
- the duties of the Responsible
- conflicts of interests when
undertaking an MHA 1983 Assessment
- the Care Quality Commission and the
Second Opinion Appointed Doctor.
|Please note that this list is not exhaustive. Professional
standards safeguard the care of people under the Mental Health Act
1983 as they do across all clinical practice. The need for
(generally speaking) three professionals to agree to the
appropriateness of detention also reduces the risk of people being
detained without due consideration.
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