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Mental Health Bill [Lords]

With this it will be convenient to discuss the following: New clause 14—Authority to treat community patients (Mental Capacity Act)— ‘(1) The Mental Capacity Act 2005 (c. 9), is amended as follows. (2) In section 28 (Mental Health Act matters) after subsection (1) insert ““(1A) Section 5 does not apply to an act to which section 58A of the Mental Health Act 2007 (c) applies.””.’. Amendment No. 89, in clause 29, page 19, line 24, at end insert— ‘(c) the following persons have been consulted about the making of the order under section 17A and the conditions to which the patient is subject specified under 17B— (i) the patient; (ii) the nearest relative of the patient; (iii) any carer who the responsible clinician believes will play a substantial part in the care of the patient after he leaves hospital; and (iv) any person with parental responsibility; and the responsible clinician has taken into account any views expressed by the person concerned. (d) in this section ““parental responsibility”” has the same meaning as in the Children Act 1989 (c. 41).’. Amendment No. 101, in page 19, line 24, at end insert— ‘(c) after subsection (3) insert— ““(4) Subsections (1)(b), (c) and (d) above shall not apply if the treatment is electro-convulsive therapy.””.’. Amendment No. 96, in page 19, line 27, leave out paragraphs (b) to (d) and insert— ‘(b) if the patient is not under Part III of the Act, (a patient concerned in criminal proceedings or under sentence), the patient’s ability to make decisions about the provision of medical treatment is significantly impaired because of his mental disorder; (c) it is necessary for— (i) the protection of others from serious harm, or (ii) the protection of the patient from suicide or serious harm to himself that he should receive treatment for his mental disorder; (d) subject to his being liable to be recalled to hospital for medical treatment such treatment can be provided without his continuing to be detained in a hospital; (e) the patient has on at least one occasion within five years previous to the present admission under section 3 refused to accept medical treatment for mental disorder; (i) when appropriate medical treatment has been refused there has been a significant relapse in his mental or physical condition justifying compulsory admission to hospital; (whether or not there has been such an admission); and (ii) medical treatment was then provided to him which alleviated or prevented a worsening of his condition, its symptoms or other manifestations of his condition. (f) it is necessary for the protection of others from serious harm, or the protection of the patient from suicide or serious harm to himself, that he should be liable to be recalled to hospital for medical treatment; and””.’. Amendment No. 84, in page 19, line 37, at end insert— ‘( ) The following persons have been consulted about the making of a community treatment order: (i) the patient; (ii) any person with parental responsibility; (iii) any person who the responsible clinician believes will play a substantial part in the care of the patient after he leaves hospital but will not be professionally concerned with the after-care services to be provided to him; and (iv) (where practicable) the person (if any) appearing to be the nearest relative of the patient. and the responsible clinician has taken into account any views expressed by the persons consulted.’. Amendment No. 85, in page 20, line 9, at end insert— ‘““parental responsibility”” has the same meaning as in the Children Act 1989.’. 18 Jun 2007 : Column 1165 Government amendments Nos. 22 and 23. Amendment No. 103, in page 20, line 33, at end insert— ‘(8) A community patient or his nearest relative may make an application to the Mental Health Review Tribunal to vary or suspend any or all of the conditions imposed under subsection (3)(a), (aa), (c) and (d) above within the relevant period or if substantial variations have been made by the responsible clinician under subsection (4) above. (9) In subsection 8 above ““the relevant period”” means— (i) six months beginning with the day on which the community treatment order is made; and (ii) the period or periods for which the community treatment period is extended by virtue of the report. (10) Where application is made to a Mental Health Review Tribunal by or in respect of a community patient under subsection (8) above the tribunal— (i) may recommend that the responsible clinician consider whether to vary or suspend any or all of the conditions imposed under subsections 3(a), (aa), (c) and (d) above; and (ii) may further consider the patient’s case if the responsible clinician does not make all or some of the changes recommended. (11) Nothing in this section restricts the power to make applications to tribunals under section 66’. Government amendment No. 24. Amendment No. 87, in page 23, line 14, at end insert ‘for a maximum of three years in total.’. Amendment No. 100, in page 24, line 15, leave out clause 30. Amendment No. 92, in page 26, line 10, leave out clause 32. Amendment No. 97, in clause 32, page 29, line 2, leave out ‘or 64G’. Amendment No. 99, in page 29, line 19, clause 32, leave out from ‘treatment’ to end of line 22. Amendment No. 74, in page 29, line 25, at end insert— ‘(6) The fifth condition is that giving the treatment does not conflict with a refusal made on the patient’s behalf by a person with parental responsibility in relation to that patient.’. Amendment No. 86, in page 29, line 25, clause 32, at end insert— ‘(6) The fifth condition is that a person with parental responsibility for the patient consents to the provision of such treatment. (7) In this section ““parental responsibility”” has the same meaning as in the Children Act 1989 (c. 41).’. Amendment No. 98, in page 29, line 28, leave out ‘or 64E(6)(b)’. Amendment No. 75, in page 31, line 16, at end insert— ‘(2A) References to a patient who lacks competence are to a patient under the age of 16 years who lacks the maturity and understanding to be able to understand and retain, or to weigh in the balance, information relevant to the treatment decision, or to a patient under the age of 16 years who lacks the ability to communicate a decision by any means.’. Amendment No. 76, in page 31, line 17, leave out ‘accordingly’ and insert ‘in accordance with subsection (2).’. Amendment No. 77, in page 31, line 17, at end insert— ‘(3A) References to a patient who has competence are to be read in accordance with subsection (2A).’. 18 Jun 2007 : Column 1166 Amendment No. 78, in page 31, line 30, at end insert— ‘(9) References to a person with parental responsibility are to a person with parental responsibility within the meaning of sections 2 to 4A of the Children Act 1989.’. Amendment No. 79, in schedule 3, page 63, line 27, at end insert— ‘(2A) After subsection (2) of section 72 insert— ““(2A) The tribunal may remove or vary any condition as to behaviour imposed on a community patient.””’. Amendment No. 90, in page 63, line 27, at end insert— ‘(d) Where application is made to the tribunal by or in respect of a community patient and the tribunal does not direct that the patient be discharged, the tribunal— (i) may recommend that the responsible clinician consider whether to vary or suspend any or all of the conditions imposed under subsections (3)(a), (aa), (c) and (d) above; and (ii) may further consider the patient’s case if the responsible clinician does not make all or some of the changes recommended.’.