By law, the Care Quality Commission (CQC) is required to monitor the use of the Mental Health Act 1983 (MHA) to provide a safeguard for patients whose rights are restricted under the Act. CQC do this by looking across the whole patient pathway experience from admissions to discharge – whether patients have their treatment in the community under a supervised treatment order or are detained in hospital.
Mental Health Act Reviewers do this on behalf of CQC, by interviewing detained patients or those who have their rights restricted under the Act and discussing their experience. They also talk to relatives, carers, staff, advocates, and managers, and they review records and documents.
CQC complete a report which sets out the findings from the visit to monitor the use of the Mental Health Act. An action statement is produced to assist the team/service make improvements and to ensure compliance with the Act and its Code of Practice. The action statement is submitted to the Trust for completion with a copy of this plan shared with CQC to ensure compliance.