Previous Section Back to Table of Contents Lords Hansard Home Page


COMMONS AMENDMENT

11

Page 13, line 7, leave out from 'treatment' to '; or' in line 9.

Baroness Cumberlege: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 11. I shall speak also to Amendments Nos. 14 to 18.

These amendments, though minor in drafting terms, are important for the small number of patients they are likely to affect. Those are patients who, being subject to after-care under supervision, are readmitted to hospital under Section 2 of the Mental Health Act 1983 for assessment. This may follow an initial emergency admission under Section 4. Under the Bill as it stood when your Lordships last considered it, supervision would then lapse. The patient could then be discharged within days if he or she did not need treatment in hospital, and without the protection of supervision.

While it is true that readmission for treatment under Section 3 of the Act has the effect of ending supervision, this is different because a fresh supervision application can then be made when the patient is to be discharged. But an application cannot be made when the patient has been admitted under Section 2 for assessment and not subsequently detained for treatment. That leaves an unintended gap which the amendments fill.

Moved, That this House do agree with the Commons in their Amendment No. 11.—(Baroness Cumberlege.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

12

Page 13, line 20, leave out 'unless the patient otherwise requests,'.


13

Page 13, line 24, at end insert—


'(6) Where the patient has requested that paragraph (c) of subsection (5) above should not apply, that paragraph shall not apply unless subsection (3)(b) above applied in his case by virtue of subsection (3A) above.'.
14

Page 13, line 26, after 'supervision' insert '—


(a)'.
15

Page 13, line 29, at end insert '; or


(b) is detained in hospital in pursuance of an application for admission for assessment.'.
16

Page 13, line 30, leave out 'so detained' and insert 'detained as mentioned in subsection (1)(a) or (b) above'.


17

Page 13, line 36, leave out 'so detained' and insert 'detained as mentioned in paragraph (a) of subsection (1) above'.


18

Page 13, line 38, after 'less' insert ', or is detained as mentioned in paragraph (b) of that subsection,'.

7 Nov 1995 : Column 1646

Baroness Cumberlege: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 12 to 18 to which I have spoken in dealing with Amendments Nos. 1 and 11.

Moved, That the House do agree with the Commons in their Amendments Nos. 12 to 18 en bloc.—(Baroness Cumberlege.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

19

Clause 4, Page 20, line 29, after '(3)(a)' insert 'or (f) or (3A)'.


20

Page 20, line 46, after '(3)(a)' insert 'or (3A)'.


21

Page 21, line 33, at end insert—


'(3A) If the patient has a propensity to violent or dangerous behaviour the responsible medical officer may consult the patient's nearest relative notwithstanding any objection by the patient to such consultation under subsection (3)(a) above.'.
22

Page 23, line 20, after '(3)(a)' insert 'or (3A)'.


23

Page 24, line 5, at end insert—


'(3A) If the patient has a propensity to violent or dangerous behaviour the responsible medical officer may consult the patient's nearest relative notwithstanding any objection by the patient to such consultation under subsection (3)(b)(i) above.'.
24

Page 24, line 7, after 'above' insert 'and any consultation under subsection (3A) above'.


25

Page 24, line 16, after '(3)(b)(i)' insert 'or (iv) or (3A)'.


26

Page 24, line 24, leave out from first 'of' to 'of' in line 25 and insert 'references to subsections (3)(b)(i) and (3A) of this section for the references to subsections (3)(a) and (3A)'.


27

Page 24, line 43, at end insert—


'(1A) If the patient has a propensity to violent or dangerous behaviour the special medical officer may consult the patient's nearest relative notwithstanding any objection by the patient to such consultation under subsection (1)(a) above.'.
28

Page 24, line 49, after '(1)(a)' insert 'or (1A)'.


29

Page 25, line 19, after '(1)(a)' insert 'or (e) or (1A)'.


30

Page 25, line 26, leave out from first 'of' to 'of' in line 27 and insert 'references to subsections (1)(a) and (1A) of this section for the references to subsections (3)(a) and (3A)'.


31

Page 26, line 34, at end insert—


'(4A) If the patient has a propensity to violent or dangerous behaviour the special medical officer or, as the case may be, the after-care officer may consult the patient's nearest relative notwithstanding any objection by the patient to such consultation under subsection (3)(a) or, as the case may be, (4)(a) above.'.
32

Page 26, line 42, after '(a)' insert 'or (e)'.


33

Page 26, line 43, at end insert 'or subsection (4A) above'.


34

Page 28, line 12, at end insert—


'(2A) If the patient has a propensity to violent or dangerous behaviour the special medical officer may consult the patient's nearest relative notwithstanding any objection by the patient to such consultation under subsection (2)(a) above.'.
35

Page 28, line 43, after '(2)(a)' insert 'or (e) or (2A)'.


36

Page 30, line 26, after 'officer' insert ', any person falling within subsection (2)(e) below'.


37

Page 30, line 41, at end insert—


'(2A) If the patient has a propensity to violent or dangerous behaviour the special medical officer may consult

7 Nov 1995 : Column 1647

the patient's nearest relative notwithstanding any objection by the patient to such consultation under subsection (2)(a) above.'.
38

Page 31, line 4, leave out from second 'the' to end of line 6 and insert 'persons mentioned in subsection (4) below of the revocation.


(4) The persons to be notified under subsection (3) above are—
(a) the patient and (if practicable) his nearest relative;
(b) the patient's special medical officer;
(c) the patient's after-care officer; and
(d) any person who the Mental Welfare Commission believes plays a substantial part in the care of the patient but is not professionally concerned with the after-care services provided for the patient under section 8 of this Act.'.

The Earl of Courtown: My Lords, with the leave of the House I beg to move that the House do agree with the Commons in their Amendments 19 to 38 en bloc.

These amendments provide for communication with and intimation to informal carers and, in certain circumstances, the nearest relative. They provide that those who give informal care to the patient are informed of various stages in connection with a community care order—the making, renewal, or revocation of the order, variation of its conditions, change of special medical officer, or after-care officer, or re-assessment in hospital.

They also enable the responsible medical officer, or the special medical officer, or the after-care officer, as appropriate, to consult at these various stages with the patient's nearest relative where a patient has a history of violence, despite the patient's objections. The right to over-ride the patient's wish would allow those caring for a patient to obtain information from the nearest relative which might be essential to an assessment of the risk which the patient poses to himself or others. That is in the light of an amendment to the English provisions sponsored by the National Schizophrenia Fellowship.

These amendments ensure that the Scottish provisions are in line with the proposals for supervised discharge in England and Wales and I commend them to your Lordships.

Moved, That the House do agree with the Commons in their Amendments Nos. 19 to 38 en bloc.—(The Earl of Courtown.)

Lord Campbell of Croy: My Lords, I should like again to lend my support to these amendments which very much follow what I was advocating at earlier stages of the Bill. I am grateful to the Government for taking this action.


Next Section Back to Table of Contents Lords Hansard Home Page