“(1A)

In this Part “English qualifying patient” means—

(a)

an English qualifying compulsory patient (see section 130C), or

(b)

an English qualifying informal patient (see section 130CA).”

4 (1)

Section 130B (arrangements under section 130A) is amended as follows.

(2)

In subsection (1), for “a qualifying patient”, in both places it occurs, substitute “an English qualifying compulsory patient”.

(3)

In subsection (2)—

(a)

for “a qualifying patient” substitute “an English qualifying compulsory patient”;

(b)

omit the “and” at the end of paragraph (a);

(c)

after paragraph (b) insert—

“(c)

help (by way of representation or otherwise)—

(i)

for patients who wish to become involved, or more involved, in decisions made about their care or treatment, or care or treatment generally; and

(ii)

for patients who wish to complain about their care or treatment; and

(d)

the provision of information about other services which are or may be available to the patient.”

(4)

After subsection (2) insert—

“(2A)

The help available to an English qualifying informal patient under arrangements under section 130A must include help in obtaining information about and understanding—

(a)

what (if any) medical treatment is given to the patient or is proposed or discussed in the patient’s case,

(b)

why it is given, proposed or discussed, and

(c)

the authority under which it is, or would be, given.

(2B)

The help available under the arrangements to an English qualifying informal patient must also include—

(a)

help (by way of representation or otherwise)—

(i)

for patients who wish to become involved, or more involved, in decisions made about their care or treatment, or care or treatment generally, and

(ii)

for patients who wish to complain about their care or treatment, and

(b)

the provision of information about other services which are or may be available to the patient.

(2C)

Arrangements under section 130A must require a provider of advocacy services, on becoming aware of an English qualifying compulsory patient for whom they are responsible, to arrange for an independent mental health advocate to visit and interview the patient (if possible) with a view to determining—

(a)

whether the patient has the capacity or is competent to take a decision about whether to receive help from an independent mental health advocate,

(b)

if the patient does have that capacity or competence, whether the patient wishes to receive such help, and

(c)

if the patient does not have that capacity or competence, whether it is nonetheless in the patient’s best interests to receive such help (which, if so, is to be provided under the arrangements).

(2D)

For the purposes of subsection (2C)—

(a)

“provider of advocacy services” means a person required by arrangements under section 130A to make available the services of independent mental health advocates, and

(b)

a provider of advocacy services is “responsible” for an English qualifying compulsory patient if the arrangements require the provider to make available the services of an independent mental health advocate to help that patient.”

(5)

In subsection (3), for “the arrangements” substitute “arrangements under section 130A”.

(6)

In subsection (6) for “declining to be provided with” substitute “refusing consent to the provision of”.

(7)

After subsection (6) insert—

“(6A)

A reference in this section to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005.””.

(8)

In subsection (7) omit paragraph (a).

5 (1)

Section 130C (section 130A: supplemental) is amended as follows.

(2)

For the heading, substitute ““English qualifying compulsory patients””.

(3)

Omit subsection (1).

(4)

In subsection (2) for “A patient is a qualifying patient” substitute “For the purposes of this Part a patient is an English qualifying compulsory patient”.

(5)

In subsection (3)—

(a)

in the words before paragraph (a), for “A patient is also a qualifying patient” substitute “For the purposes of this Part a patient is also an English qualifying compulsory patient”;

(b)

in paragraphs (a) and (b), for “a qualifying patient” substitute “an English qualifying compulsory patient”.

(6)

In subsection (4), for “a qualifying patient”, in both places it occurs, substitute “an English qualifying compulsory patient”.

(7)

Omit subsections (4A) and (4B).

6

After section 130C insert—

“130CA“English qualifying informal patients”

For the purposes of this Part a patient is an “English qualifying informal patient” if—

(a)

the patient is an in-patient at a hospital or registered establishment situated in England,

(b)

the patient is receiving treatment for, or assessment in relation to, mental disorder at the hospital or registered establishment, and

(c)

the patient is not liable to be detained under this Act or any other legislation or by virtue of a court order.

130CBLocal social services authority responsible for making arrangements under section 130A(1)

(1)

For the purposes of section 130A(1) a local social services authority is responsible for an English qualifying patient if—

(a)

in the case of an English qualifying compulsory patient falling within section 130C(2)(a), the hospital or registered establishment in which the patient is liable to be detained is situated in that authority’s area;

(b)

in the case of an English qualifying compulsory patient falling within section 130C(2)(b), that authority is the responsible local social services authority within the meaning of section 34(3);

(c)

in the case of an English qualifying compulsory patient falling within section 130C(2)(c), the responsible hospital is situated in that authority’s area;

(d)

in the case of an English qualifying compulsory patient falling within section 130C(3)—

(i)

in a case where the patient has capacity or is competent to do so, the patient nominates that authority as responsible for the purposes of section 130A, or

(ii)

in any other case, a donee or deputy or the Court of Protection, or a person engaged in caring for the patient or interested in the patient’s welfare, nominates that authority on the patient’s behalf as responsible for the purposes of that section;

(e)

in the case of an English qualifying informal patient, the hospital or registered establishment to which the patient is admitted as an in-patient is situated in that authority’s area.

(2)

In subsection (1)(d)—

(a)

the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005;

(b)

the reference to a donee is to a donee of a lasting power of attorney (within the meaning of section 9 of that Act) created by the patient, where the donee is acting within the scope of their authority and in accordance with that Act;

(c)

the reference to a deputy is to a deputy appointed for the patient by the Court of Protection under section 16 of that Act, where the deputy is acting within the scope of the their authority and in accordance with that Act.

130CCDuty to notify providers of person’s eligibility for advocacy services

(1)

The responsible person in relation to an English qualifying patient must take such steps as are practicable to give the appropriate provider of advocacy services the required information about the patient.

(2)

In this section “the responsible person” means—

(a)

in relation to an English qualifying compulsory patient falling within section 130C(2)(a), the managers of the hospital or registered establishment in which the patient is liable to be detained;

(b)

in relation to an English qualifying compulsory patient falling within section 130C(2)(b), the responsible local social services authority within the meaning of section 34(3);

(c)

in relation to an English qualifying compulsory patient falling within section 130C(2)(c), the managers of the responsible hospital;

(d)

in relation to an English qualifying compulsory patient falling within section 130C(3), the managers of the hospital or registered establishment in which the treatment would be given;

(e)

in relation to an English qualifying informal patient, the managers of the hospital or registered establishment to which the patient is admitted as an in-patient.

(3)

In this section “appropriate provider of advocacy services”, in relation to a patient, means the person required by arrangements under section 130A to make available the services of an independent mental health advocate to help that patient.

(4)

In this section “the required information”, in relation to a patient, means such information relating to the patient as may be prescribed in regulations made by the Secretary of State.”

7

For section 130D substitute—

“130DADuty to give information to English qualifying informal patients

(1)

The responsible person in relation to an English qualifying informal patient must take such steps as are practicable to ensure that the patient understands—

(a)

that help is available to the patient from an independent mental health advocate, and

(b)

how the patient can obtain that help.

(2)

In this section “the responsible person”, in relation to an English qualifying informal patient, means the managers of the hospital or registered establishment to which the patient is admitted as an in-patient.

(3)

The steps to be taken under subsection (1) must be taken as soon as practicable after the patient becomes an English qualifying informal patient.

(4)

The steps that must be taken under subsection (1) include giving the requisite information both orally and in writing.

(5)

The responsible person in relation to an English qualifying informal patient must, except where the patient otherwise requests, take such steps as are practicable to give the person (if any) appearing to the responsible person to be the patient’s nominated person a copy of any information given to the patient in writing under subsection (1).

(6)

The steps to be taken under subsection (5) must be taken when the information concerned is given to the patient or within a reasonable time thereafter.”

8

In section 130J (Welsh qualifying informal patients), in subsection (2), for paragraph (c) substitute—

“(c)

the patient is not liable to be detained under this Act or any other legislation or by virtue of a court order”.