Paragraph 4 I1

Section 130B (arrangements under section 130A) is amended as follows.

In subsection (1), for “a qualifying patient”, in both places it occurs, substitute “an English qualifying compulsory patient”.

In subsection (2)—

After subsection (2) insert—

“(2A)

The help available to an English qualifying informal patient under arrangements under section 130A must include help in obtaining information about and understanding—

(a)

what (if any) medical treatment is given to the patient or is proposed or discussed in the patient’s case,

(b)

why it is given, proposed or discussed, and

(c)

the authority under which it is, or would be, given.

(2B)

The help available under the arrangements to an English qualifying informal patient must also include—

(a)

help (by way of representation or otherwise)—

(i)

for patients who wish to become involved, or more involved, in decisions made about their care or treatment, or care or treatment generally, and

(ii)

for patients who wish to complain about their care or treatment, and

(b)

the provision of information about other services which are or may be available to the patient.

(2C)

Arrangements under section 130A must require a provider of advocacy services, on becoming aware of an English qualifying compulsory patient for whom they are responsible, to arrange for an independent mental health advocate to visit and interview the patient (if possible) with a view to determining—

(a)

whether the patient has the capacity or is competent to take a decision about whether to receive help from an independent mental health advocate,

(b)

if the patient does have that capacity or competence, whether the patient wishes to receive such help, and

(c)

if the patient does not have that capacity or competence, whether it is nonetheless in the patient’s best interests to receive such help (which, if so, is to be provided under the arrangements).

(2D)

For the purposes of subsection (2C)—

(a)

“provider of advocacy services” means a person required by arrangements under section 130A to make available the services of independent mental health advocates, and

(b)

a provider of advocacy services is “responsible” for an English qualifying compulsory patient if the arrangements require the provider to make available the services of an independent mental health advocate to help that patient.”

In subsection (3), for “the arrangements” substitute “arrangements under section 130A”.

In subsection (6) for “declining to be provided with” substitute “refusing consent to the provision of”.

After subsection (6) insert—

“(6A)

A reference in this section to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005.””.

In subsection (7) omit paragraph (a).