Mental Health Legislation and Mental Capacity Act Committee

The 1983 Mental Health Act sets out procedures for detaining patients in hospital, where that is necessary for their own health or safety, or the protection of other people. The Act also contains provision under which people may be subject to guardianship or be discharged from detention onto supervised community treatment.

The Mental Health Legislation and Mental Capacity Act Committee will advise the Board of any areas of concern relating to responsibilities under Mental Health Legislation, and provide assurance that:

statutory duties under the Mental Health Act 1983 (the Act) and subsequent amendments are exercised reasonably, fairly and lawfully, including the functions and processes of discharge under Section 23 of the Act
provisions set out in the Mental Health Measure (Wales) are implemented and exercised reasonably, fairly and lawfully
provisions set out in the Mental Capacity Act 2005 are exercised reasonably, fairly and lawfully.

It will also ensure that other relevant legislation, particularly the Human Rights Act (1998), the Equality Act (2010) and Deprivation of Liberty Safeguards are also being fully adhered to for those people covered by Mental Health Legislation."

The full role of this Committee is detailed in its Terms of Reference.

Please click to view the Committee Workplan.

The Committee will meet on the dates below. To access the Committee papers, select the date of the relevant meeting. If you would like to attend a meeting as an observer, or would like any further information, please contact the Corporate Governance Team on 029 2183 6009 or via email; Corporate.MeetingCAV@wales.nhs.uk

Committee Chair: Ceri Phillips (Cardiff & Vale UHB Vice Chair)
Committee Vice Chair: Sara Moseley (Independent Member - Third Sector) Vice Chair
Lead Executive: Paul Bostock (Chief Operating Officer)

Secretariat: Rachel Chilcott (Corporate Governance Officer)

Members:
Rhian Thomas (Independent Member - Estates & Facilities)
Susan Lloyd-Selby (Independent Member - Local Authority)

2022-23 Meeting Dates	2023-24 Meeting Dates	2024-25 Meeting Dates
26 April 2022 - To view the recording of the meeting click here. 26 July 2022 - To view the recording of the meeting click here. 25 October 2022 - To view the recording of the meeting click here. Supporting Documents can be found here. 31 January 2023 - to view a recording of the meeting click here	2 May 2023 - To view the meeting, click here 1 August 2023 Papers - To view the meeting, click here. 31 October 2023 To view the meeting click here. 30 January 2024 - to view the meeting click here.	30th April 2024 - to view the recording please click here. 6th August 2024 - to view the papers, click here. To view the meeting, click here. 29th October 2024 - To view the meeting, click here.

Minutes

Please click to access confirmed minutes.

Power of Discharge Group

The 1983 Mental Health Act sets out procedures for detaining patients in hospital where that is deemed necessary either for their own health or safety, or the protection of other people. The Act also contains provision under which people may be subject to guardianship or be discharged from detention onto supervised community treatment.

The process for considering patients’ discharge under the Act is delegated to the Power of Discharge Sub Group by the Mental Health Legislation Committee. This Sub Group will meet on a quarterly basis to consider whether the discharge processes within the UHB are fair and reasonable and being exercised lawfully.