21Care and treatment plans

In the Mental Health Act 1983, in Part 10, before section 130A insert—

130ZACare and treatment plans for patients in England(1)

The appropriate practitioner must prepare a care and treatment plan for a patient to whom this section applies.

(2)

This section applies to a patient who—

(a)

is liable to be detained under this Act in a hospital or registered establishment in England otherwise than—

(i)

by virtue of an emergency application where the second medical recommendation referred to in section 4(4)(a) has not been given and received, or

(ii)

by virtue of section 5(2) or (4), 135 or 136 or directions for detention in a place of safety under section 35(4), 36(3), 37(4), 38(4) or 45A(5),

(b)

is subject to guardianship under this Act, if the area of the responsible local social services authority is in England, or

(c)

is a community patient, if the responsible hospital is in England.

(3)

A “care and treatment plan” is a document—

(a)

containing a plan, made in accordance with regulations made by the Secretary of State, for meeting the patient’s needs arising from or related to mental disorder, and

(b)

containing, or to which is attached, any other information authorised or required by the regulations.

(4)

The information authorised or required to be included in, or attached to, a care and treatment plan by virtue of regulations under subsection (3) may include—

(a)

information about people with whom a patient has a relationship or other connection, or to whom a care and treatment plan is relevant, for purposes related to—

(i)

the meeting of the patient’s needs mentioned in subsection (3)(a), or

(ii)

the review or revision of the care and treatment plan;

(b)

any information contained in a report prepared in accordance with section 125A or 125B.

(5)

The appropriate practitioner must review a care and treatment plan—

(a)

following any meeting relating to the patient under section 125A or 125B;

(b)

following any change in the relevant patient’s condition or circumstances which the appropriate practitioner considers significant;

(c)

if the appropriate practitioner is considering whether the relevant patient should—

(i)

become liable to be detained by virtue of a different provision of this Act,

(ii)

become subject to guardianship under this Act,

(iii)

become a community patient, or

(iv)

be discharged under section 23;

(d)

if the appropriate practitioner is notified that the patient’s case is to be considered by a tribunal under this Act;

(e)

if requested to do so by virtue of section 130ZB(3);

(f)

if reasonably requested to do so by—

(i)

the relevant patient;

(ii)

anyone named by the relevant patient as someone to be consulted about their care and treatment plan;

(iii)

the relevant patient’s nominated person;

(iv)

any independent mental health advocate from whom the relevant patient is receiving help by virtue of section 130A;

(v)

any donee or deputy for the relevant patient;

(vi)

any other person who cares for the relevant patient or is interested in the relevant patient’s welfare.

(6)

When preparing or reviewing a care and treatment plan, the appropriate practitioner must, if it is practicable and appropriate to do so, consult the persons mentioned in subsection (5)(f).

(7)

The Secretary of State may by regulations make provision—

(a)

requiring a care and treatment plan to be revised in specified circumstances;

(b)

specifying, in relation to cases in which a care and treatment plan must be prepared, reviewed or revised, when that must be done.

(8)

The Secretary of State may by regulations make provision about—

(a)

disclosure of information contained in a care and treatment plan;

(b)

disclosure of other information for the purposes of functions under this section.

(9)

Regulations under this section may make—

(a)

provision subject to specified exceptions;

(b)

different provision for different cases;

(c)

transitional, consequential, incidental or supplemental provision.

(10)

References in this section—

(a)

to a donee for a patient are to a donee of a lasting power of attorney (within the meaning of section 9 of the Mental Capacity Act 2005) created by the patient;

(b)

to a deputy for a patient are to a deputy appointed for the patient by the Court of Protection under section 16 of the Mental Capacity Act 2005;

(c)

to the responsible local social services authority—

(i)

in relation to a patient who is subject to guardianship in pursuance of a guardianship application, are to be read in accordance with section 34(3);

(ii)

in relation to a patient who is subject to guardianship in pursuance of a guardianship order under section 37, are to the local social services authority specified in the order.

(11)

In this section “the appropriate practitioner” has the same meaning as in Part 2 (see section 34(1)).

130ZBCare and treatment plans: monitoring(1)

The managers of a hospital or registered establishment in England must make arrangements for the monitoring of compliance with the duties imposed by section 130ZA in relation to relevant patients for whom the managers are responsible.

(2)

A local social services authority whose area is in England must make arrangements for the monitoring of compliance with the duties imposed by section 130ZA in relation to relevant patients for whom the authority is the responsible local social services authority.

(3)

Arrangements under subsection (1) or (2) must include arrangements for the appropriate practitioner, in relation to a relevant patient, to be requested to review the patient’s care and treatment plan where the managers or local social services authority (as the case may be) consider that the care and treatment plan should be reviewed.

(4)

For the purposes of subsection (1) the managers of a hospital or registered establishment are “responsible” for a relevant patient if the patient—

(a)

is liable to be detained under this Act in the hospital or registered establishment, or

(b)

is a community patient for whom the hospital or registered establishment is the responsible hospital.

(5)

The reference in subsection (2) to the responsible local social services authority is to be read in accordance with section 130ZA(10)(c).

(6)

In this section—

“the appropriate practitioner” has the same meaning as in Part 2 (see section 34(1));

“care and treatment plan” has the meaning given by section 130ZA(3);

“relevant patient” means a patient to whom section 130ZA applies.