Psychiatric Bulletin (2009) 33: 226-230. doi: 10.1192/pb.bp.108.023333
© 2009 The Royal College of Psychiatrists
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Current practice

Changes to the Mental Health and Mental Capacity Acts: implications for patients and professionals

Ian Hall

Parliamentary Liaison, Royal College of Psychiatrists, Community Learning Disability Service, Beaumont House, Mile End Hospital, Bancroft Road, London E14DG, email: ian.hall{at}thpct.nhs.uk

Afia Ali, Specialty Registrar

Tower Hamlets Community Learning Disability Service, London

Declaration of interest

None.

Abstract

The new Mental Health Act 2007 for England and Wales has introduced substantial amendments to the 1983 Mental Health Act and has also amended the Mental Capacity Act 2005. Most provisions came into effect in November 2008. The introduction of supervised community treatment, changes to professional roles such as the role of ‘responsible clinician’, and the introduction of deprivation of liberty safeguards in the Mental Capacity Act are discussed. Many of the new safeguards in the Act are welcomed by clinicians and service user groups. However, other changes are more controversial and could potentially lead to an increase in the work load of clinicians.