Functions
The Commission was a monitoring body rather than an inspectorate or regulator. Its concern was primarily the legality of detention and the protection of individuals' human rights. In addition to a visiting programme, the Commission provided important safeguards to patients who lack capacity or refuse to consent to treatment, through the Second Opinion Appointed Doctor Service.
Its functions were:
- to keep under review the operation of the Mental Health Act 1983 in respect of patients detained or liable to be detained under that Act
- to visit and interview, in private, patients detained under the Mental Health Act in hospitals and mental nursing homes
- to consider the investigation of complaints where these fall within the Commission's remit
- to review decisions to withhold the mail of patients detained in the High Security Hospitals
- to appoint registered medical practitioners and others to give second opinions in cases where this is required by the Mental Health Act
- to publish and lay before Parliament a report every 2 years
- to monitor the implementation of the Code of Practice and propose amendments to Ministers
In addition, the Commission was encouraged by the Secretary of State to advise on policy matters that fall within the Commission's remit.
Read more about this topic: Mental Health Act Commission
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