Mental Health and Capacity Legislation 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 and Capacity Legislation 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 and Operating Arrangements.

Committee Workplan
 
Committee Chair: Sara Moseley (Interim Chair).
Lead Executive: Chief Operating Officer.
Secretariat: Nathan Saunders
 
Members:
Dave Edwards
Michael Imperato
 
The Committee will meet at 10am on the following dates. 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 Nathan Saunders on 02921 836009 or Nathan.Saunders2@wales.nhs.uk.

Minutes

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 toconsider whether the discharge processes within the UHB are fair and reasonable and being exercised lawfully.