Mental Health Act and Code of Practice

The Mental Health Act Code of Practice has been prepared in accordance with Section 116 of the Mental Health Act 1998 by the Department of Health and Social Security (now the Department of Social Care) after consulting such bodies as appeared to them to be concerned, and laid before Tynwald.

The act does not impose a legal duty to comply with the code, but as it is statutory guidance, failure to follow it could be referred to in evidence in legal proceedings.

The code provides guidance to registered medical practitioners, managers and staff of hospitals, registered mental nursing homes and Approved Social Workers (ASWs) on how they should proceed when undertaking duties under the act. It should also be considered by others working in health and social services, including the independent and voluntary sectors and the police.

The Mental Health Commission will keep the operation of the code under review and monitor its use, including the drawing up of proposals for any further modification.

It is hoped that the code will be helpful not only to those for whom the act requires it to be written but also to patients, their families, friends and others who support them. It has been drafted as far as possible with this aim in mind.

Further information can be obtained from the Mental Health Act, Capacity and Care Programme Approach Manager. Contact details are available in the contact box below: