Last amended by Mental Capacity (Amendment) Act 2019 in 2019. 8 recorded amendment effects (legislation.gov.uk changes data).
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
Substantially amended the Mental Health Act 1983 and the Mental Capacity Act 2005. Introduced community treatment orders, broadened the definition of mental disorder, replaced the treatability test, created the role of responsible clinician and AMHP, and inserted the Deprivation of Liberty Safeguards into the MCA 2005.
Key Points
- Broadened definition of mental disorder — single definition replacing four categories
- Introduced community treatment orders (CTOs) via s.17A MHA 1983
- Replaced 'treatability test' with 'appropriate treatment' test
- Created role of Responsible Clinician (replacing RMO)
- Created role of Approved Mental Health Professional (replacing ASW)
- Inserted Deprivation of Liberty Safeguards (DoLS) into MCA 2005
- Reformed nearest relative provisions
- Single definition of 'mental disorder' — removed previous categories
- Community Treatment Orders (CTOs) — supervised treatment in the community after discharge from hospital
- Appropriate medical treatment test replaced treatability test
- Nearest relative can be displaced and replaced by the county court
- Advocacy — independent mental health advocates (IMHAs) for detained patients
- Amended criteria for detention under ss.2 and 3 MHA 1983
Parts & Sections
Amendments History
2007 — The Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008
40 commencement (coming-into-force) effects (legislation.gov.uk changes data).
2007 — The Mental Health Act 2007 (Commencement No. 4) Order 2008
16 commencement (coming-into-force) effects (legislation.gov.uk changes data).
2007 — The Mental Health Act 2007 (Commencement No. 3) Order 2007
11 commencement (coming-into-force) effects (legislation.gov.uk changes data).
2019 — Mental Capacity (Amendment) Act 2019
8 recorded amendment effects (legislation.gov.uk changes data).
2007 — The Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008
4 commencement (coming-into-force) effects (legislation.gov.uk changes data).
Frequently asked questions
- How did the Mental Health Act 2007 change the definition of mental disorder?
- The Mental Health Act 2007 replaced the previous four categories of mental disorder with a single, broader definition. Under this new framework, mental disorder is defined as 'any disorder or disability of the mind'. This change simplified the legal criteria used to determine if a person meets the threshold for mental health intervention under the law.
- What is the difference between the old treatability test and the new appropriate treatment test?
- The Act replaced the old 'treatability test' with an 'appropriate treatment' test. This means that for detention or treatment orders to be valid, appropriate medical treatment must be available for the patient. The focus shifted from whether the condition could be treated to whether suitable treatment options exist for the individual's specific needs.
- What new professional roles were created by the Mental Health Act 2007?
- The Act created the role of the Responsible Clinician, which replaced the previous role of the Responsible Medical Officer (RMO). It also established the role of the Approved Mental Health Professional (AMHP), which replaced the Approved Social Worker (ASW). These changes were designed to clarify professional responsibilities and broaden the range of professionals involved in mental health decision-making.
- How did the Act change the rights and role of the nearest relative?
- The Act reformed the provisions regarding the nearest relative. It allows for the nearest relative to be displaced and replaced by the county court. Additionally, the legislation introduced independent mental health advocates (IMHAs) to support detained patients, ensuring they have access to independent support during their detention.