Paragraph 6 I1

After section 130C insert—

““English qualifying informal patients”

130CA

For the purposes of this Part a patient is an “English qualifying informal patient” if—

(a)

the patient is an in-patient at a hospital or registered establishment situated in England,

(b)

the patient is receiving treatment for, or assessment in relation to, mental disorder at the hospital or registered establishment, and

(c)

the patient is not liable to be detained under this Act or any other legislation or by virtue of a court order.

Local social services authority responsible for making arrangements under section 130A(1)

130CB

(1)

For the purposes of section 130A(1) a local social services authority is responsible for an English qualifying patient if—

(a)

in the case of an English qualifying compulsory patient falling within section 130C(2)(a), the hospital or registered establishment in which the patient is liable to be detained is situated in that authority’s area;

(b)

in the case of an English qualifying compulsory patient falling within section 130C(2)(b), that authority is the responsible local social services authority within the meaning of section 34(3);

(c)

in the case of an English qualifying compulsory patient falling within section 130C(2)(c), the responsible hospital is situated in that authority’s area;

(d)

in the case of an English qualifying compulsory patient falling within section 130C(3)—

(i)

in a case where the patient has capacity or is competent to do so, the patient nominates that authority as responsible for the purposes of section 130A, or

(ii)

in any other case, a donee or deputy or the Court of Protection, or a person engaged in caring for the patient or interested in the patient’s welfare, nominates that authority on the patient’s behalf as responsible for the purposes of that section;

(e)

in the case of an English qualifying informal patient, the hospital or registered establishment to which the patient is admitted as an in-patient is situated in that authority’s area.

(2)

In subsection (1)(d)—

(a)

the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005;

(b)

the reference to a donee is to a donee of a lasting power of attorney (within the meaning of section 9 of that Act) created by the patient, where the donee is acting within the scope of their authority and in accordance with that Act;

(c)

the reference to a deputy is to a deputy appointed for the patient by the Court of Protection under section 16 of that Act, where the deputy is acting within the scope of the their authority and in accordance with that Act.

Duty to notify providers of person’s eligibility for advocacy services

130CC

(1)

The responsible person in relation to an English qualifying patient must take such steps as are practicable to give the appropriate provider of advocacy services the required information about the patient.

(2)

In this section “the responsible person” means—

(a)

in relation to an English qualifying compulsory patient falling within section 130C(2)(a), the managers of the hospital or registered establishment in which the patient is liable to be detained;

(b)

in relation to an English qualifying compulsory patient falling within section 130C(2)(b), the responsible local social services authority within the meaning of section 34(3);

(c)

in relation to an English qualifying compulsory patient falling within section 130C(2)(c), the managers of the responsible hospital;

(d)

in relation to an English qualifying compulsory patient falling within section 130C(3), the managers of the hospital or registered establishment in which the treatment would be given;

(e)

in relation to an English qualifying informal patient, the managers of the hospital or registered establishment to which the patient is admitted as an in-patient.

(3)

In this section “appropriate provider of advocacy services”, in relation to a patient, means the person required by arrangements under section 130A to make available the services of an independent mental health advocate to help that patient.

(4)

In this section “the required information”, in relation to a patient, means such information relating to the patient as may be prescribed in regulations made by the Secretary of State.”