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Dated October 2013. Response to the Committee's first report of session 2013-14 (HC 584, ISBN 9780215061485) which was a report on Cm. 8408 (2012, ISBN 9780101840828)
Book Synopsis Department of Health: Post-Legislative Scrutiny of the Mental Health Act 2007: Response to the report of the Health Committee of the House of Commons - Cm. 8735 by : Great Britain: Department of Health
Download or read book Department of Health: Post-Legislative Scrutiny of the Mental Health Act 2007: Response to the report of the Health Committee of the House of Commons - Cm. 8735 written by Great Britain: Department of Health and published by The Stationery Office. This book was released on 2013-10-25 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dated October 2013. Response to the Committee's first report of session 2013-14 (HC 584, ISBN 9780215061485) which was a report on Cm. 8408 (2012, ISBN 9780101840828)
According to the Health Committee, more needs to be done to protect the interests of patients who rely on mental health services. The Committee has undertaken a review of the 2007 Mental Health Act (ISBN 9780105412076). Many psychiatric wards are over capacity and there is huge pressure on beds, nevertheless, the Committee was shocked to learn that there is evidence that patients who need hospital treatment are being sectioned unnecessarily in order to access a bed. This represents a serious violation of patient's basic rights and it is never acceptable for patients to be subjected to compulsory detention unless it is clinically necessary. The 2007 Act contained important provisions which introduced Community Treatment Orders (CTOs). These orders allow for patients to be treated in the community whilst still being subject to recall to hospital if their condition deteriorates. The Committee is also concerned that pressure on hospital beds may be driving increased use of CTOs. MPs also examined the function of Independent Mental Health Advocates who help patients take advantage of their rights whilst in hospital. The Committee is in no doubt that a patient's primary advocate should be their clinician and independent advocates, ultimately, provide an important, but supplementary, service
Book Synopsis House of Commons - Health Committee: Post-Legislative Scrutiny of the Mental Health Act 2007 - HC 584 by : Great Britain: Parliament: House of Commons: Health Committee
Download or read book House of Commons - Health Committee: Post-Legislative Scrutiny of the Mental Health Act 2007 - HC 584 written by Great Britain: Parliament: House of Commons: Health Committee and published by The Stationery Office. This book was released on 2013-08-14 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to the Health Committee, more needs to be done to protect the interests of patients who rely on mental health services. The Committee has undertaken a review of the 2007 Mental Health Act (ISBN 9780105412076). Many psychiatric wards are over capacity and there is huge pressure on beds, nevertheless, the Committee was shocked to learn that there is evidence that patients who need hospital treatment are being sectioned unnecessarily in order to access a bed. This represents a serious violation of patient's basic rights and it is never acceptable for patients to be subjected to compulsory detention unless it is clinically necessary. The 2007 Act contained important provisions which introduced Community Treatment Orders (CTOs). These orders allow for patients to be treated in the community whilst still being subject to recall to hospital if their condition deteriorates. The Committee is also concerned that pressure on hospital beds may be driving increased use of CTOs. MPs also examined the function of Independent Mental Health Advocates who help patients take advantage of their rights whilst in hospital. The Committee is in no doubt that a patient's primary advocate should be their clinician and independent advocates, ultimately, provide an important, but supplementary, service
The Committee's report examines the provisions of the Mental Health Bill (HLB 1, session 2006-07; ISBN 9780108435461) in relation to nine main human rights compatibility issues, and considers two significant omissions from the Bill which could have enhanced the protection and promotion of human rights. Findings include there appears to be no Convention obstacle to changing the test for treatment without consent (from one where the decision-maker is required to have regard to the likelihood that the treatment will alleviate or prevent deterioration in the patient's condition to a new test that it is appropriate for the treatment to be given) as a condition of compulsory detention, although the Committee is mindful that the treatment available should be likely to be of therapeutic benefit to the patient. Concerns are raised that, while initial detention would still be based on objective medical expertise, renewal of detention would be authorised by a 'responsible clinician', who need not be a doctor, and that the decision would lack scrutiny by any higher authority other than the Mental Health Review Tribunal. Forcible feeding should be subject to the same safeguards as apply to other invasive forms of treatment. In relation to the treatment of mentally incapacitated patients, since the Bill's proposals to amend the Mental Capacity Act are detailed and complex, the Committee questions whether they will be readily understood by proprietors of residential care homes. Two key omissions from the Bill are also highlighted, relating to: i) provision for effective supervision and review of decisions to give treatment without consent for mental disorder to patients deprived of their liberty under mental capacity legislation, where the treatment involves psychotropic medication or other significant interferences with physical integrity; and ii) provision for sufficient safeguards to ensure that seclusion is used only when strictly necessary and that individuals subject to it should have access to review at intervals so that it is brought to an end when no longer necessary.
Book Synopsis Legislative Scrutiny by : Great Britain: Parliament: Joint Committee on Human Rights
Download or read book Legislative Scrutiny written by Great Britain: Parliament: Joint Committee on Human Rights and published by . This book was released on 2007-02-04 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Committee's report examines the provisions of the Mental Health Bill (HLB 1, session 2006-07; ISBN 9780108435461) in relation to nine main human rights compatibility issues, and considers two significant omissions from the Bill which could have enhanced the protection and promotion of human rights. Findings include there appears to be no Convention obstacle to changing the test for treatment without consent (from one where the decision-maker is required to have regard to the likelihood that the treatment will alleviate or prevent deterioration in the patient's condition to a new test that it is appropriate for the treatment to be given) as a condition of compulsory detention, although the Committee is mindful that the treatment available should be likely to be of therapeutic benefit to the patient. Concerns are raised that, while initial detention would still be based on objective medical expertise, renewal of detention would be authorised by a 'responsible clinician', who need not be a doctor, and that the decision would lack scrutiny by any higher authority other than the Mental Health Review Tribunal. Forcible feeding should be subject to the same safeguards as apply to other invasive forms of treatment. In relation to the treatment of mentally incapacitated patients, since the Bill's proposals to amend the Mental Capacity Act are detailed and complex, the Committee questions whether they will be readily understood by proprietors of residential care homes. Two key omissions from the Bill are also highlighted, relating to: i) provision for effective supervision and review of decisions to give treatment without consent for mental disorder to patients deprived of their liberty under mental capacity legislation, where the treatment involves psychotropic medication or other significant interferences with physical integrity; and ii) provision for sufficient safeguards to ensure that seclusion is used only when strictly necessary and that individuals subject to it should have access to review at intervals so that it is brought to an end when no longer necessary.
In this Report, the Joint Committee on Human Rights considers: the draft Mental Capacity Act 2005 Code of Practice; draft guidance on Bournewood patients (people who lack capacity to consent to the arrangements made for their care, where those arrangements amount to a deprivation of liberty); and the Government's approach to the Council of Europe Recommendation (2004/10) on the protection of the human rights and dignity of persons with mental disorder. This paper builds on two previous reports published by the Committee on the Mental Health Bill during its passage through Parliament in 2006-07 ('Legislative Scrutiny: Seventh Progress Report (HL 112 / HC 555)', ISBN 9780104010754; and 'Legislative Scrutiny: Mental Health Bill (HL 40 / HC 288)', ISBN 9780104010136), both of which are available to purchase below.
Book Synopsis Scrutiny of Mental Health Legislation by : Great Britain. Parliament. Joint Committee on Human Rights
Download or read book Scrutiny of Mental Health Legislation written by Great Britain. Parliament. Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2008 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this Report, the Joint Committee on Human Rights considers: the draft Mental Capacity Act 2005 Code of Practice; draft guidance on Bournewood patients (people who lack capacity to consent to the arrangements made for their care, where those arrangements amount to a deprivation of liberty); and the Government's approach to the Council of Europe Recommendation (2004/10) on the protection of the human rights and dignity of persons with mental disorder. This paper builds on two previous reports published by the Committee on the Mental Health Bill during its passage through Parliament in 2006-07 ('Legislative Scrutiny: Seventh Progress Report (HL 112 / HC 555)', ISBN 9780104010754; and 'Legislative Scrutiny: Mental Health Bill (HL 40 / HC 288)', ISBN 9780104010136), both of which are available to purchase below.
This year's inquiry into the work of Monitor concludes that the model of care provided by the health and care system is not changing quickly enough with the result that pressures continue to build, threatening the financial stability of individual providers, and therefore the quality of care provided The pressures are likely to be particularly marked in the acute sector as plans are prepared and implemented to achieve the resource transfer required by the introduction of the Better Care Fund from April 2015. Continuing this theme, the Committee argues that as the NHS financial situation tightens, the challenge for Monitor in supporting trusts in financial difficulty is likely to increase. The MPs emphasise the importance of addressing pressures within individual providers in the context of the local health economy. The requirement for major change in the care model can only be delivered if individual providers, and Monitor as their regulator, look beyond preserving existing structures and address the need to develop different structures to meet changing needs. The Committee also expresses concern that Monitor has not done enough to reform the system of tariff payments for providers, arguing that the current tariff arrangements often create perverse incentives for providers and inhibit necessary service change. It recommends that Monitor and NHS England should initiate a formal joint process for a prioritised review of the NHS tariff arrangements with the objective of identifying and eliminating perverse incentives and introducing new tariff structures which incentivise necessary service change
Book Synopsis House of Commons - Health Committee: 2013 Accountability Hearing with Monitor - HC 841 by : Great Britain: Parliament: House of Commons: Health Committee
Download or read book House of Commons - Health Committee: 2013 Accountability Hearing with Monitor - HC 841 written by Great Britain: Parliament: House of Commons: Health Committee and published by The Stationery Office. This book was released on 2014-03-26 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: This year's inquiry into the work of Monitor concludes that the model of care provided by the health and care system is not changing quickly enough with the result that pressures continue to build, threatening the financial stability of individual providers, and therefore the quality of care provided The pressures are likely to be particularly marked in the acute sector as plans are prepared and implemented to achieve the resource transfer required by the introduction of the Better Care Fund from April 2015. Continuing this theme, the Committee argues that as the NHS financial situation tightens, the challenge for Monitor in supporting trusts in financial difficulty is likely to increase. The MPs emphasise the importance of addressing pressures within individual providers in the context of the local health economy. The requirement for major change in the care model can only be delivered if individual providers, and Monitor as their regulator, look beyond preserving existing structures and address the need to develop different structures to meet changing needs. The Committee also expresses concern that Monitor has not done enough to reform the system of tariff payments for providers, arguing that the current tariff arrangements often create perverse incentives for providers and inhibit necessary service change. It recommends that Monitor and NHS England should initiate a formal joint process for a prioritised review of the NHS tariff arrangements with the objective of identifying and eliminating perverse incentives and introducing new tariff structures which incentivise necessary service change
In this report the Health Committee welcomes improvements in the performance of the Nursing and Midwifery Council (NMC) over the last year, but expresses continuing concern that the progress made so far remains fragile. The Committee emphasises that it is important to ensure that the new challenges facing the NMC do not become a distraction from the continuing requirement to improve its performance of its core functions. The report is the first example of a Health Committee review of a professional regulator which builds on the work of the Professional Standards Authority (PSA). The length of time the NMC takes to conclude its fitness to practise cases has been an enduring concern for the Committee. From 2015, the NMC proposes to toughen the target period for resolving fitness to practise cases to 15 months (eventually to 12 months). The NMC has announced plans to introduce a system of revalidation by the end of 2015 which is welcomed. The Francis Report into the failings at Mid Staffs examined the role of regulators, including the NMC, in detail. The report stresses the importance of ensuring firstly that registrants understand their professional obligation to raise concerns when they see evidence of poor patient care, and secondly that patients and public are made more aware of the role of the NMC as the regulator of professional and clinical standards. The NMC should take urgent steps to raise the profile of the NMC both among its registrants and among patients and public.
Book Synopsis House of Commons - Health Committee: 2013 Accountability Hearing with the Nursing and Midwifery Council - HC 699 by : Great Britain: Parliament: House of Commons: Health Committee
Download or read book House of Commons - Health Committee: 2013 Accountability Hearing with the Nursing and Midwifery Council - HC 699 written by Great Britain: Parliament: House of Commons: Health Committee and published by The Stationery Office. This book was released on 2013-12-18 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this report the Health Committee welcomes improvements in the performance of the Nursing and Midwifery Council (NMC) over the last year, but expresses continuing concern that the progress made so far remains fragile. The Committee emphasises that it is important to ensure that the new challenges facing the NMC do not become a distraction from the continuing requirement to improve its performance of its core functions. The report is the first example of a Health Committee review of a professional regulator which builds on the work of the Professional Standards Authority (PSA). The length of time the NMC takes to conclude its fitness to practise cases has been an enduring concern for the Committee. From 2015, the NMC proposes to toughen the target period for resolving fitness to practise cases to 15 months (eventually to 12 months). The NMC has announced plans to introduce a system of revalidation by the end of 2015 which is welcomed. The Francis Report into the failings at Mid Staffs examined the role of regulators, including the NMC, in detail. The report stresses the importance of ensuring firstly that registrants understand their professional obligation to raise concerns when they see evidence of poor patient care, and secondly that patients and public are made more aware of the role of the NMC as the regulator of professional and clinical standards. The NMC should take urgent steps to raise the profile of the NMC both among its registrants and among patients and public.
GMC's fitness to practise successfully produces outcomes that protect patients from sub-standard doctors but failures to communicate the reasons for decisions and poor investigative practices have undermined a small number on investigations. The GMC should review its fitness to practice procedures to prevent such mistake. The Committee also found that while it is still too early to judge whether revalidation has been effective there is a worrying approach to the oversight of revalidation. Each designated body has a responsible officer for revalidating their medical staff, but the degree to which the responsible officer will be held to account is unclear. It is imperative that the GMC clarifies the personal responsibility and accountability of responsible officers. There is also concern over the number of responsible officers available to oversee the revalidation of doctors working in primary care. GPs are revalidated not by their own employers but by one of the 27 NHS England local area teams that oversees Clinical Commissioning Groups in England. Just 27 responsible officers will be tasked with overseeing revalidation for approximately 45,0000 GPs in England. The Government's intention had been to give the GMC the power to allow it to appeal decisions made by the Medical Practitioners Tribunal Service (MPTS) in 2014 by using a mechanism in secondary legislation called a section 60 order. The Government now plans to introduce the reform in primary legislation as part of a proposed Law Commission Bill thus meeting with even further delay
Book Synopsis 2013 Accountability Hearing with the General Medical Council - HC 897 by : Great Britain: Parliament: House of Commons: Health Committee
Download or read book 2013 Accountability Hearing with the General Medical Council - HC 897 written by Great Britain: Parliament: House of Commons: Health Committee and published by The Stationery Office. This book was released on 2014-04-02 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: GMC's fitness to practise successfully produces outcomes that protect patients from sub-standard doctors but failures to communicate the reasons for decisions and poor investigative practices have undermined a small number on investigations. The GMC should review its fitness to practice procedures to prevent such mistake. The Committee also found that while it is still too early to judge whether revalidation has been effective there is a worrying approach to the oversight of revalidation. Each designated body has a responsible officer for revalidating their medical staff, but the degree to which the responsible officer will be held to account is unclear. It is imperative that the GMC clarifies the personal responsibility and accountability of responsible officers. There is also concern over the number of responsible officers available to oversee the revalidation of doctors working in primary care. GPs are revalidated not by their own employers but by one of the 27 NHS England local area teams that oversees Clinical Commissioning Groups in England. Just 27 responsible officers will be tasked with overseeing revalidation for approximately 45,0000 GPs in England. The Government's intention had been to give the GMC the power to allow it to appeal decisions made by the Medical Practitioners Tribunal Service (MPTS) in 2014 by using a mechanism in secondary legislation called a section 60 order. The Government now plans to introduce the reform in primary legislation as part of a proposed Law Commission Bill thus meeting with even further delay
Highly Commended in Health and social care in the 2017 BMA Medical Book Awards The Mental Capacity Act (2005) regulates decision making processes on behalf of adults who are unable to give informed consent, due to a loss in mental capacity (be that from birth, or due to an illness or injury at some point in their lives). Since the Act’s original conception the new Court of Protection is now firmly established, and there have been significant Supreme Court cases, as well as further guidance on the 2005 Act and major developments in the use and assessment for Deprivation of Liberty Safeguards. Thoroughly updated to take account of the many updates, developments and changes in legislation and guidance, the new edition of Dimond’s authoritative guide will be warmly welcome by practitioners and students who need to understand and work within the Mental Capacity Act, and how it applies to their professional responsibilities. A highly practical guide to the Mental Capacity Act and its provisions since its conception in 2005 Relevant for a wide range of practitioners and students within health and social care Highly readable and easily accessible, even for those with no legal background Includes a range of learning features, including scenarios, questions and answers, key summary points, and applications for practice. Legal Aspects of Mental Capacity is an essential resource for all healthcare and social services professionals, students patient services managers and carers working with those who lack the capacity to make their own decisions.
Book Synopsis Legal Aspects of Mental Capacity by : Bridgit C. Dimond
Download or read book Legal Aspects of Mental Capacity written by Bridgit C. Dimond and published by John Wiley & Sons. This book was released on 2016-05-02 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highly Commended in Health and social care in the 2017 BMA Medical Book Awards The Mental Capacity Act (2005) regulates decision making processes on behalf of adults who are unable to give informed consent, due to a loss in mental capacity (be that from birth, or due to an illness or injury at some point in their lives). Since the Act’s original conception the new Court of Protection is now firmly established, and there have been significant Supreme Court cases, as well as further guidance on the 2005 Act and major developments in the use and assessment for Deprivation of Liberty Safeguards. Thoroughly updated to take account of the many updates, developments and changes in legislation and guidance, the new edition of Dimond’s authoritative guide will be warmly welcome by practitioners and students who need to understand and work within the Mental Capacity Act, and how it applies to their professional responsibilities. A highly practical guide to the Mental Capacity Act and its provisions since its conception in 2005 Relevant for a wide range of practitioners and students within health and social care Highly readable and easily accessible, even for those with no legal background Includes a range of learning features, including scenarios, questions and answers, key summary points, and applications for practice. Legal Aspects of Mental Capacity is an essential resource for all healthcare and social services professionals, students patient services managers and carers working with those who lack the capacity to make their own decisions.
Most of those who complain about NHS services do not seek financial redress. They do so because they wish to have their concerns and experiences understood and for any failings to be acknowledged and put right so that others do not suffer the same avoidable harm. Where such errors occur, patients and their families deserve to be met with a system which is open to complaints, supports them through the process and which delivers a timely apology, explanation and a determination to learn from mistakes. The current system for complaints handling however, remains variable. Too many complaints are mishandled with people encountering poor communication or at worst, a defensive and complicated system which results in a complete breakdown in trust and a failure to improve patient safety. The Committee welcomes the progress made since their last report, but in this, the Committee's final report on complaints and concerns in this Parliament, an overview is set out of the developments and recommendations to date as well as those expected in 2015. The Committee also makes a number of recommendations where further action is required.
Book Synopsis HC 350 - Complaints and Raising Concerns by : Great Britain. Parliament. House of Commons. Health Committee
Download or read book HC 350 - Complaints and Raising Concerns written by Great Britain. Parliament. House of Commons. Health Committee and published by The Stationery Office. This book was released on 2015 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most of those who complain about NHS services do not seek financial redress. They do so because they wish to have their concerns and experiences understood and for any failings to be acknowledged and put right so that others do not suffer the same avoidable harm. Where such errors occur, patients and their families deserve to be met with a system which is open to complaints, supports them through the process and which delivers a timely apology, explanation and a determination to learn from mistakes. The current system for complaints handling however, remains variable. Too many complaints are mishandled with people encountering poor communication or at worst, a defensive and complicated system which results in a complete breakdown in trust and a failure to improve patient safety. The Committee welcomes the progress made since their last report, but in this, the Committee's final report on complaints and concerns in this Parliament, an overview is set out of the developments and recommendations to date as well as those expected in 2015. The Committee also makes a number of recommendations where further action is required.
Diet, obesity, and physical activity all have important impacts on health. For too long however, physical activity has been seen merely in the light of its benefits in tackling obesity. A core message from this inquiry is the compelling evidence that physical activity in its own right has huge health benefits totally independent of a person's weight. The importance of this - regardless of weight, age, gender or other factors - needs to be clearly communicated. Interventions focused on encouraging individuals to change their behaviour with regard to diet and physical activity need to be underpinned by broader, population-level measures. Whilst both are important, population-level interventions have the advantage of impacting on far greater numbers than could ever benefit from individual interventions. The Committee recommends that the next Government prioritises prevention, health promotion and early intervention to tackle the health inequalities and avoidable harm resulting from poor diet and physical inactivity. The Committee regards it as inexplicable and unacceptable that the NHS is now spending more on bariatric surgery for obesity than on a national roll-out of intensive lifestyle intervention programmes that were first shown to cut obesity and prevent diabetes over a decade ago. All tiers of weight management services should be universally available and individual clinicians should use every opportunity to help their patients to recognise and address the problems caused by obesity and poor diet, and to promote the benefits of physical activity.
Book Synopsis HC 845 - Impact Of Physical Activity And Diet On Health by : Great Britain. Parliament. House of Commons. Health Committee
Download or read book HC 845 - Impact Of Physical Activity And Diet On Health written by Great Britain. Parliament. House of Commons. Health Committee and published by The Stationery Office. This book was released on 2015 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diet, obesity, and physical activity all have important impacts on health. For too long however, physical activity has been seen merely in the light of its benefits in tackling obesity. A core message from this inquiry is the compelling evidence that physical activity in its own right has huge health benefits totally independent of a person's weight. The importance of this - regardless of weight, age, gender or other factors - needs to be clearly communicated. Interventions focused on encouraging individuals to change their behaviour with regard to diet and physical activity need to be underpinned by broader, population-level measures. Whilst both are important, population-level interventions have the advantage of impacting on far greater numbers than could ever benefit from individual interventions. The Committee recommends that the next Government prioritises prevention, health promotion and early intervention to tackle the health inequalities and avoidable harm resulting from poor diet and physical inactivity. The Committee regards it as inexplicable and unacceptable that the NHS is now spending more on bariatric surgery for obesity than on a national roll-out of intensive lifestyle intervention programmes that were first shown to cut obesity and prevent diabetes over a decade ago. All tiers of weight management services should be universally available and individual clinicians should use every opportunity to help their patients to recognise and address the problems caused by obesity and poor diet, and to promote the benefits of physical activity.