What is the Mental Health Act
The Mental Health Act sets out:
- When you can be admitted, detained, and treated in hospital against your wishes.
- Your right to appeal and the right to get help from an advocate.
- How you can leave hospital and what aftercare you can expect to get.
Code of practice
The code of practice provides statutory guidance to registered medical practitioners, approved clinicians, managers and staff of providers, and Approved Mental Health Professionals, (AMHP's) on how they should carry out statutory functions under the Mental Health Act.
Access to an Independent Mental Health Advocate
If someone is detained under the Mental Health Act, they can use an Independent Mental Health Advocate (IMHA) to make sure they are supported in having their views heard. Further information can be found on Surrey Adult Advocacy Services.
The Care Act
The Care Act came into force in April 2015. The Act places general responsibilities on local authorities for promoting people's wellbeing, focusing on prevention and providing a universal information and advice service. It also included:
- The introduction of a consistent, national eligibility criteria for social care support
- New rights to support for carers, on an equivalent basis to the people they care for,
- Legal right to a personal budget and direct payment,
- The extension of local authority adult social care responsibility to include prisons, and
- New responsibilities around transition, provider failure, supporting people who move between local authority areas and safeguarding.
More detail on the Care Act from the Department of Health is available through the following links:
What the law says about information and advice
Under the Care Act 2014 legislation, local authorities, health organisations and care providers have a duty to provide a universal information and advice service to all residents, covering:
- what care and support is available;
- how residents can access care and support;
- where residents can find independent financial advice about care and support; and
- how residents can raise concerns about the safety or wellbeing of someone who has care and support needs.
Information and advice strategy
The Surrey Information and Advice Strategy is designed for all key agencies working in health and social care, including the voluntary, community and faith sector who provide information or signpost residents to care and support.
Surrey's Health and Wellbeing Board supports the system wide strategy to ensure all residents can access the right information and advice to help them make informed decisions and prevent or delay care needs.
Accessible Information Standard
It requires health and social care providers to comply when they are delivering services to a person who has an information and/or communication need which is related to or caused by a disability, impairment, or sensory loss.