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Post-legislative assessment of the Mental Health Act 2007

Memorandum to the Health Committee of the House of Commons

The Government’s ‘Post-legislative assessment of the Mental Health Act 2007′ has been laid before Parliament.

Between 3 and 5 years after an Act of Parliament has received Royal Assent, it is reviewed by the relevant Government Department and then by Parliament, to see how the law has worked in practice.  Once an assessment has been submitted to Parliament it is for the relevant Parliamentary Committee to decide what further investigations, if any, it wishes to undertake.  This process is called post-legislative scrutiny.

The assessment reviews the changes that the 2007 Act made to the Mental Health Act 1983 and in particular the issues that have been raised in connection with supervised community treatment and independent mental health advocate services.  The 2007 Act amended the Mental Capacity Act 2005, to introduce a new regime of deprivation of liberty safeguards. The assessment therefore also considers the implementation of the deprivation of liberty safeguards system.