WAJD Learning

Module 2 of 2 · 50 minutes

What changes on the ward: voice, plans, timings and places of safety

By the end of this module you will be able to

  • Explain the nominated person and how it differs from the nearest relative
  • Explain opt-out independent mental health advocacy
  • Describe statutory care and treatment plans and advance choice documents
  • State the new detention periods and tribunal timings
  • Explain the changes to community treatment orders, police cells and prisons
  • List what to do now to prepare

Work through it

1 interactive for this module, built on the WAJD Teach engine. Nothing moves until you ask it to, and every one has a written version if you would rather read it.

Watch: Emma and George talk it through

4 minutes. Captions are on, and the same conversation is written out in full below. The voices are computer generated.

Emma George, last time was the headline. Now give me the stuff I'll actually meet on shift. Start with the nominated person.

George It replaces the nearest relative. Under the old rules the nearest relative came from a list in the Act, so the right to be consulted could land on an estranged parent or someone the patient had cut off.

Emma I've seen that go badly.

George Everyone has. Now, if the person has capacity, they choose, and the choice carries on even if they later lose capacity. If they haven't chosen and can't, an approved mental health professional can appoint one. And the nominated person gets new consultation rights and can object to a community treatment order.

Emma What do I do about it before it's in force?

George Ask early, while someone's well enough to answer. Who would you want us to speak to? Record the answer, and where it came from.

Emma What about advocacy?

George Independent mental health advocacy extends to informal patients, on an opt-out basis. The service has to contact qualifying patients to offer support instead of waiting to be asked. Your job is making sure patients know the advocate exists and can reach them.

Emma And care plans?

George They become statutory. For people detained, on a community treatment order or under guardianship, the responsible clinician must prepare a plan and review it regularly. It's where the four principles stop being words.

Emma I've heard about advance decisions too.

George Advance choice documents. Healthcare bodies must help people record their wishes and feelings and decisions about future care. Professionals must have regard to them, but they aren't absolutely binding. They're the clearest way someone can still be heard when they're unwell.

Emma Detention periods. I never remember these.

George Nobody does, so here's the shape. First section 3 detention goes from six months to three. Renewable for three more. Then six months at a time instead of twelve. More renewals means more reviews, and more occasions where you need to show detention is still justified.

Emma And tribunals?

George Section 2 patients can apply within 21 days instead of 14. Section 3 within three months instead of six. And there's automatic referral three months after initial detention, then every twelve months.

Emma Community treatment orders?

George They'll need the same serious harm criteria and appropriate treatment as detention, plus written agreement from the community clinician. And the tribunal can recommend reconsidering specific conditions, so every condition has to be one you can explain.

Emma Section 136. The police cells.

George Police cells come out of the definition of a place of safety under sections 135 and 136. Prisons can no longer be a place of safety for people in contact with criminal justice. Local arrangements for people in crisis will have to change, and the government has agreed to consult on emergency police powers.

Emma So what do I do now? Concretely.

George Don't change practice early. Do prepare. Find your trust's commencement plan. Check your recording habits. Ask people early who they'd want consulted and about their advance wishes. Make sure advocates are reachable. And read the Act's Explanatory Notes, which are free and clear. Including instead of this course, if there's a conflict.

Emma Including instead of this course?

George Always. If anything I've said differs from your trust's guidance, or the statutory Code once it's published, follow them and tell us so we can fix it. A summary is a way in, not the authority.

The written material

The nominated person

The nominated person replaces the nearest relative. Under the old rules the nearest relative was fixed by a list in the Act, so a person could find the right to be consulted given to an estranged parent or a relative they had cut off. Under the new rules the person chooses their nominated person if they have capacity to do so, and the choice carries on if they later lose capacity.

If they have not chosen, and lack capacity to do so, an approved mental health professional can appoint one. The nominated person has new rights to be consulted and can object to a community treatment order.

Advocacy, plans and advance choices

Independent mental health advocacy is extended to informal patients, on an opt-out basis. Services must contact qualifying patients to offer support rather than waiting to be asked. Make sure patients know the advocate is there and can reach them.

Care and treatment plans become statutory. For people who are detained, on a community treatment order or under guardianship, the responsible clinician must prepare a plan and review it regularly. The plan is where the four principles become concrete.

Healthcare bodies must help people make advance choice documents recording their wishes and feelings and their decisions about future care and treatment. Professionals must have regard to them, although they are not absolutely binding. They are the clearest way a person can still be heard when they are unwell.

Shorter detention, earlier review

The initial period of detention under section 3 reduces from six months to three, renewable for a further three, and then for six months at a time rather than twelve. More frequent renewals mean more reviews and more reasons to be able to show that detention is still justified.

Tribunal timings also change. A person detained under section 2 can apply within 21 days rather than 14. A person under section 3 can apply within three months rather than six. Automatic referral to the tribunal happens three months after initial detention and then every twelve months.

Community treatment orders and places of safety

A community treatment order will need the same serious harm criteria and the availability of appropriate treatment as detention does, and written agreement from the community clinician. The tribunal gains the power to recommend that specific conditions are reconsidered, which means the conditions in a person's order must be ones you can explain and justify.

Police cells are removed from the definition of a place of safety under sections 135 and 136, and prisons can no longer be used as places of safety for people who come into contact with the criminal justice system. The government has agreed to consult on emergency police powers. Local arrangements for people in crisis will need to change accordingly.

What to do now

Do not change practice early, and do prepare. Find out your trust's commencement plan and when training is scheduled. Check your records habits: specific, timed, in your own words. Start asking people early who they would want consulted, and about their advance wishes. Make sure patients know how to reach an advocate. Read the Act's Explanatory Notes, which are free and clear, rather than relying on a summary, including this one.

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