Section 11 — Making treatment decisions

(1) The Mental Health Act 1983 is amended as follows.

(2) After section 56 insert— Making treatment decisions 56A (1) In deciding whether to give medical treatment to a patient by virtue of this Part, the approved clinician in charge of the treatment must— (a) identify and evaluate any alternative forms of medical treatment available for the patient; (b) take such steps as are reasonably practicable to assist and encourage the patient to participate, as fully as possible, in the decision-making process; (c) not rely merely on— (i) the patient's age or appearance, or (ii) a condition of the patient’s, or an aspect of the patient’s behaviour, which might lead others to make unjustified assumptions about what medical treatment might be appropriate for the patient; (d) consider the patient’s past and present wishes, feelings, beliefs and values, so far as it is reasonable to regard them as relevant and so far as they are reasonably ascertainable; (e) consider the relevant views of the following, so far as they are reasonably ascertainable— (i) anyone named by the patient as someone to be consulted on the decision in question, or decisions of that kind; (ii) the patient’s nominated person and any independent mental health advocate from whom the patient is receiving help by virtue of section 130A or 130E; (iii) any donee or deputy for the patient; (iv) any other person who cares for the patient or is interested in the patient’s welfare and whom the approved clinician considers it appropriate to consult; (f) consider all other circumstances of which the approved clinician is aware and which it would be reasonable to regard as relevant. (2) Where the patient lacks capacity in relation to matters that, in the opinion of the approved clinician, are relevant to the decision, the approved clinician must also consider any wishes, feelings, views and beliefs that the clinician thinks the patient would have in relation to those matters but for the lack of capacity (including any relevant written statement made by the patient when they had capacity). (3) In subsection (1)(e), “relevant views” means— (a) views about the nature of the patient’s past and present wishes, feelings, beliefs and values, (b) where the patient lacks capacity in relation to matters that, in the opinion of the approved clinician, are relevant to the decision, views about the nature of the wishes, feelings, views and beliefs the patient would have in relation to those matters but for the lack of capacity, and (c) views about whether the medical treatment should be given to the patient.

(3) In section 57 (treatment requiring consent and a second opinion), in subsection (2)(b), at the end insert “, and that the decision to give the treatment was made by the person in charge of the treatment in accordance with section 56A”.

(4) In section 58 (treatment requiring consent or a second opinion)—

(a) in subsection (3)(a), at the end (but before the “; or”) insert “, and that the decision to give the treatment was made by the approved clinician in charge of the treatment in accordance with section 56A”;

(b) in subsection (3)(b), at the end insert “, and that the decision to give the treatment was made by the approved clinician in charge of the treatment in accordance with section 56A”.

(5) In section 58A (electro-convulsive therapy etc)—

(a) in subsection (3)(c), at the end insert “, and that the decision to give the treatment was made by the approved clinician in charge of the treatment in accordance with section 56A”;

(b) in subsection (4)(c)—

(i) omit the “and” at the end of sub-paragraph (i);

(ii) at the end of sub-paragraph (ii) insert “; and”;

(iii) after sub-paragraph (ii) insert— (iii) that the decision to give the treatment was made by the approved clinician in charge of the treatment in accordance with section 56A.