Wednesday, February 24, 2010

Community Treatment Orders And Human Rights Abuses ?

CTO Human Rights Abuses ?

The Care Quality Commission regarding Community Treatment Orders on mental health UK patients have said at a Board meeting : "Undoubtably people are at risk"

This was in reference to a low amount of Second Opinion Appointed Doctors (SOADs) being employed compared to the ration of CTO's applied for by Mental Health Trusts .

SOADs are supposed to be in place as one of the Deprivation Of Liberty safeguards .

According to Health Service Journal :

"A CQC performance report for quarter three also shows only 19 per cent of patients subject to community treatment orders were referred to a doctor for a second opinion within 28 days of being released from hospital, which is the legal timeframe. "

What is also worrying both local to B'ham and further afield is the lack of robust means for Sectioned Qualifying Patients being able to access Independent Mental Health Advocates (as of April 2009) .

"PCT commissioners will be responsible for ensuring that IMHA services are available for qualifying patients in England from 1 April 2009. IMHA services are a new statutory provision, with specific roles and responsibilities. IMHA services should complement and work with non-statutory mental health advocacy."

Defining who is a "qualifying patient" is buried in the usual "paperwork" but it can be accessed online because we have made that available too ..

"The Mental Health Act 1983 (regulations 2008) calls patients who are eligible for the support of an IMHA “qualifying patients”.

Qualifying patients are those patients who are:

Detained under the MHA (even if they are currently on leave of absence from hospital) apart from those patients detained under sections 4, 5(2), 5(4), 135 or 136;

Conditionally discharged restricted patients;

Subject to Guardianship under the Act; or

On Supervised Community Treatment (SCT).
as well as patients not covered by any of the above but who are:

Being considered for a treatment to which section 57 applies (“a section 57 treatment”);

Under 18 and being considered for electro-convulsive therapy or any other treatment to which section 58A applies (“a section 58A treatment”).

(See MHA, 130C (3))" (from Guidance to Commissioners)

UserWatch believes there is widespread human rights abuses that effectively are disability rights abuses since people are not having their need for support truly underpinned in a way that is timely .

Where are the Mental Health Charities in these issues and the BBC you might ask ? ...

Well you can ask can't you ? One of these days it will become of interest ..

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