These are the six main areas of the MHA 1983 which are affective due to the 2007 Act coming into force.
- There is a broad definition of mental disorder and the removal of most exclusions from the coverage of the MHA 1983
- The 'treatability test' is replaced by an 'appropriate treatment test', the new test applying to all the long-term powers of detention
- Supervised community treatment has been created through the introduction of a new Community Treatment Order (CTO) for certain patients
- New safeguards are introduced, including a provision for advocacy and amendments to the provisions for displacing and appointing nearest relatives
- The roles of approved social worker and responsible medical officer are replaced by new roles which will be open to a wider range of professionals
- Provision is made for powers to reduce the time limits for the automatic referral of some mental health patients to the Mental Health Review Tribunal
This briefing provides an overview of the main changes that the MHA 2007 made to the MHA 1983.