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11 June 2012
The Mental Health Act 2007 introduced some positive changes, in particular for children and young people and through the introduction of Independent Mental Health Advocacy. Where people have made the Deprivation of Liberty Safeguards (DoLS) work they have improved people's lives. However this period has seen a continuing rise in the number of people under compulsion, with more people going onto community treatment orders than coming off them.
This report reviews specific areas of concern following the Actís implementation.
The Mental Health Act 2007 made important changes to the mental health and mental capacity legislation in England and Wales. The Mental Health Alliance is currently assessing the impact of these changes. These are a series of briefings on the implementation of a number of powers set out in the 2007 Act.
The Deprivation of Liberty Safeguards (DoLS), introduced in April 2009, are an important protection. Their purpose is to prevent people who lack mental capacity from being deprived of their liberty unless it is necessary in their best interests to protect them from harm.
So far there has been less use of this scheme than predicted and there are big variations between different areas.
Flaws in the scheme and poor understanding of it mean that peopleís human rights are not being adequately protected.
The use of Supervised Community Treatment (SCT) in its first year was significantly higher than the Government expected. This paper presents the available evidence on the implementation and impact of the SCT arrangements nearly two years after their introduction in November 2008.
The right to Independent Mental Health Advocacy (IMHA) is an important safeguard introduced by the Mental Health Act. This paper assesses the commissioning of IMHA services in England only, where the new right did not come into effect until April 2009 in order to give primary care trusts time to introduce the necessary services.