Receipt and Scrutiny of Statutory Forms Under the …

1 SH CP 115. Receipt and Scrutiny of Statutory Forms Under the Mental Health Act 1983. (as amended ). version 5. Summary: It is the Hospital Managers' duty (the Trust) to ensure that section papers comply with the requirement of the Mental Health Act 1983 and are formally received and scrutinised in line with chapter 13 of the MHA 1983. Code of Practice The policy outlines the process for the formal Receipt and Scrutiny of section papers by staff authorised to undertake this function, to ensure that the papers comply with Regulations within the Act and provide the legal authority for a patient's detention. Keywords (minimum of 5): Receipt ; Scrutiny ; MHA; section papers; Statutory (To assist policy search engine) Forms Target Audience: Qualified Nurses & Mental Health Professionals (MHP)s & Mental Health Act Administrators Next Review Date: April 2019. Approved and Ratified by: Mental Health Act Date of meeting: Committee 25th April 2016.

2 Date issued: April 2016. Author: Siven Rungien Mental Health Act Manager Director: Dr. Karl Marlowe, Medical Director 1. SH CP 115 Receipt and Scrutiny of Statutory Forms Under the Mental Health Act 1983 (as amended ). version 5. july 2018. version Control Change Record Date Author version Page Reason for Change Nov MHA Manager V2 All Reference to WHT changed to HPT; previous version 2005 referred in main to Southampton locality, amended to reflect current practice throughout trust and introduction of new administrative checklists. rd Jan MHA Manager V3 3 3 paragraph of Introduction amended to include reference th 2007 to new paragraph 5, new 4 paragraph in relation to who can authorise s17 leave Jan MHA Manager V3 All Reference to Nurse in charge' changed to Nurse in charge 2007 or Mental Health Professional (MHP) throughout policy. Nov MHA Manager V4 All Reviewed in the light of the changes made by the 2008 implementation of the MHA 2007.

3 Nov MHA Manager All Logo & reference to HPFT changed to SHFT. 2011. Nov MHA Manager 6 Para now includes the website address for downloading 2011 Scrutiny Checklists july Louise Hartland 4 10 Updated TNA (Appendix 1). 2015. April Siven Rungien 4 All Updated Code of Practice References, review date extended 2016 for 3 years july Siven Rungien 5 5 Para to undertake Receipt and Scrutiny , nurses and 2018 MHPs can either be i) six months' post qualified or ii) have at least six instances of Receipt and Scrutiny reviewed by a senior nurse and this discussed and confirmed in supervision. Updated front cover and footer Reviewers/contributors Name Position version Reviewed &. Date Debbie Fuge MHA Manager V4 Oct/Nov 2011. Southern Health NHS Foundation Trust Mental Health Act Committee V4 Apr 2012. Siven Rungien MHA Manager V4 April 2016. 2. SH CP 115 Receipt and Scrutiny of Statutory Forms Under the Mental Health Act 1983 (as amended ).

4 version 5. july 2018. Contents Page 1. Introduction 4. 2. Scope 4. 3. Duties & Responsibilities 4. 4. Main Policy Content 4. Introduction 4. General Provisions 5. The Role of the Nurse in Charge or MHP of the Ward During Office 5. Hours (0900 hrs 1700 hrs Monday to Friday). The Role of the Nurse or MHP in Charge of the Ward outside Office 5. Hours The Role of the Mental Health Act Administrator 6. Medical Scrutiny 6. Reports Made Under Section 5(2) 6. Human Rights Issues 7. Checklist for Receiving and Scrutinising Mental Health Act Section 7. Papers For applications Under section 3 of the Act 8. For applications Under section 4 of the Act 8. For reports Under section 5(2) or 5(4) 8. Under section 15 of the Act, the following errors can be amended within 8. fourteen days of the patient's admission 5. Financial Impact & Resource Implications 9. 6. Training Requirements 9. 7. Monitoring Compliance 9.

5 8. Associated Documents 9. 9. Policy Review 9. 10. Supporting References 9. A1 LEAD Training Needs Analysis 10. A2 Equality Analysis Screening Tool 11. 3. SH CP 115 Receipt and Scrutiny of Statutory Forms Under the Mental Health Act 1983 (as amended ). version 5. july 2018. Receipt and Scrutiny of Statutory Forms Under the Mental Health Act 1983. (As amended ). 1. Introduction It is the responsibility of those making an application and medical recommendation(s) to admit Under the Act to ensure that the Statutory Forms comply with the legal requirements of the Act, however it is the Hospital Managers' duty (the Trust) to ensure that the grounds for admitting the patient are valid and that all relevant documents (section papers) are in order, through the Receipt and Scrutiny process. This process will ensure compliance with the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 and the MHA 1983 Code of Practice and will reduce the risk to the Trust of detention Under the Act without the Statutory Forms providing the legal authority to do so.

6 The Code of Practice Mental Health Act 1983 chapter 35 gives guidance as to the Receipt and Scrutiny of section papers. This Policy is drawn from that guidance. In this document the term the Act means the Mental Health Act 1983 as amended by the Mental Health Act 2007. 2. Scope This document applies only to Mental Health & Learning Disabilities services. 3. Duties / Responsibilities Staff who are responsible for the formal Receipt and Scrutiny of Statutory Forms are the Nurse or MHP in Charge of the Ward and the MHA Administrator. Their duties are set out Under section 5. An independent consultant has responsibilities regarding a medical Scrutiny which is outlined in section 6. 4. Main policy content Introduction It is the responsibility of those making an application and medical recommendation(s) to admit Under the Act to ensure that the Statutory Forms comply with the legal requirements of the Act, however it is the Hospital Managers' duty (the Trust) to ensure that the grounds for admitting the patient are valid and that all relevant documents (section papers) are in order, through the Receipt and Scrutiny process.

7 The Code of Practice Mental Health Act 1983 chapter 35 gives guidance as to the Receipt and Scrutiny of section papers. This Policy is drawn from that guidance. In this document the term the Act means the Mental Health Act 1983 as amended by the Mental Health Act 2007. 4. SH CP 115 Receipt and Scrutiny of Statutory Forms Under the Mental Health Act 1983 (as amended ). version 5. july 2018. General Provisions The Receipt and Scrutiny of section papers on behalf of the Hospital Managers can only be undertaken by staff to whom this function has been delegated and who have received the appropriate training (see section 7 below). Nurses and Mental Health Professionals (MHP) must be either: i) six months' post-qualification to undertake this function; or ii) must have at least six instances of Receipt and Scrutiny reviewed by a senior nurse; and this is discussed, confirmed and recorded in supervision.

8 The Role of the Nurse in Charge or MHP of the Ward During Office Hours (0900 hrs 1700 hrs Monday to Friday). The nurse or MHP in charge will keep all section Forms with the patient's medical notes until all papers are completed. The nurse or MHP in charge of the ward receiving the section papers will check the accuracy of the papers before the applicant leaves, using the appropriate Administrative Scrutiny checklist, ensuring that the papers are correctly completed. On completion of all papers, the nurse or MHP in charge will either: Complete a form H3 for sections 2, 3 or 4, or Part 2 of form H3 for section 5(2). and arrange for the papers to be collected or taken to the MHA Administrator immediately with the Administrative Scrutiny checklist, or;. In respect of sections 2, 3 & 4 only request that the applicant (Approved Mental Health Professional -AMHP) delivers the papers to the MHA Administrator immediately for the papers to be formally accepted and a form H3 is completed.

9 The Role of the Nurse or MHP in Charge of the Ward outside Office Hours The nurse or MHP in charge will keep all section papers with the patient's notes until all papers are completed. The nurse or MHP in charge of the ward receiving the section papers will check the accuracy of the papers before the applicant leaves, using the appropriate Administrative Scrutiny checklist, ensuring that the papers are fully completed. Some errors can be corrected Under section 15 of the Act (see checklist). However, other errors cannot be corrected and invalidate the application for admission. In cases where the error cannot be corrected, the following action must be taken: Advice should be sought from the Senior Manager on call with a view to considering if the following steps are to be taken: The applicant must immediately be advised of the rejection of the application as the authority for the patient's detention can only be obtained through a new application or in the interim by the use of holding powers Under section 5(2) or 5(4).

10 5. SH CP 115 Receipt and Scrutiny of Statutory Forms Under the Mental Health Act 1983 (as amended ). version 5. july 2018. The patient must be informed of the rejection of the papers orally by the Responsible Clinician or doctor deputising and an appropriate note must be made in the patient's records, and in writing by the MHA Administrator On completion of all papers, the nurse in charge will complete form H3 for sections 2, 3 and 4 or Part 2 of form H1 for section 5(2). On the morning of the next working day the papers should be hand delivered to the MHA Administrator, or if off site faxed and sent in the internal mail. The Role of the Mental Health Act Administrator The role of the Mental Health Act Administrator (MHAA) is to receive all section papers on behalf of the Hospital Managers immediately following the patient's admission or, if the patient is admitted outside of office hours, on the next working day.