Mental Health Act 1983: Safeguards (England)

Dr Guy Brookes, Dr Tim Branton and Dr Nick Brindle

90 minutes


April 2023

CPD learning module

CPD domain:

Mental Health Act Safeguards.jpg

The presence of specific safeguards within the MHA 1983 provides an important counterbalance to the extensive powers that are inherent in the Act.

Their effectiveness relies on professionals being both aware of the safeguards themselves and their responsibility to notify patients and Nearest Relatives of their rights under the Act.

This module considers some of the main safeguards specific to the Mental Health Act 1983 and its use in England.

The module covers:

  • the Code of Practice,
  • Nearest Relatives,
  • Independent Mental Health Advocates,
  • the Tribunal,
  • the duties of the Responsible Authority,
  • conflicts of interests when undertaking an MHA 1983 Assessment,
  • the Care Quality Commission and the Second Opinion Appointed Doctor.


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