The Mental Health (Care Co-ordination and Care and Treatment Planning) (Wales) Regulations 2011

JurisdictionWales
CitationSI 2011/2942 (W318)

2011 No. 2942 (W.318)

MENTAL HEALTH, WALES

The Mental Health (Care Co-ordination and Care and Treatment Planning) (Wales) Regulations 2011

Made 6th December 2011

Coming into force 6th June 2012

The Welsh Ministers make these Regulations in exercise of the powers conferred by sections 15(4), 18(1)(c), 18(8), 18(9), 47(1)(b), 47(2) and 52(2) of the Mental Health (Wales) Measure 20101.

A draft of this instrument has been laid before the National Assembly for Wales in accordance with section 52(6) of the Measure, and approved by resolution of the National Assembly for Wales.

1 General

Part 1 —

General

S-1 Title, commencement and application

Title, commencement and application

1.—(1) The title of these Regulations is The Mental Health (Care Co-ordination and Care and Treatment Planning) (Wales) Regulations 2011 and they come into force on 6 June 2012.

(2) These Regulations apply in relation to Wales.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

“adult placement carer” (“gofalwr lleoliad oedolyn”) means a person in whose home an adult is or may be accommodated and provided with personal care under an adult placement agreement entered into or proposed to be entered into by the carer;

“care and treatment plan” (“cynllun gofal a thriniaeth”) means a plan prepared for the purpose of achieving the outcomes which the provision of mental health services for a relevant patient2is designed to achieve, as provided in section 18(1)(b) (functions of the care coordinator) of the Measure;

“carer” (“gofalwr”) means, in relation to a relevant patient, an individual who provides or intends to provide a substantial amount of care on a regular basis for that patient, but does not include an individual who provides, or intends to provide care for that patient by virtue of a contract of employment or other contract with any person or as a volunteer for a body (whether incorporated or not incorporated);

“employed” (“wedi'i gyflogi”) means employed under a contract of service or engaged under a contract for services;

“guardian” (“gwarcheidwad”) means the person named as guardian in a guardianship application made under section 7 (application for guardianship) of the 1983 Act or a guardianship order made under section 37 (powers of courts to order hospital admission or guardianship) of the 1983 Act;

“managing authority” (“awdurdod rheoli”) in relation to a National Health Service hospital has the meaning given by paragraph 176 (hospitals and their managing authorities) of Schedule A1 (hospital and care home residents: deprivation of liberty) to the 2005 Act, in relation to an independent hospital has the meaning given by paragraph 177(b) (hospitals and their managing authorities) of Schedule A1 to the 2005 Act, and in relation to a care home has the meaning given by paragraph 179(b) (care homes and their managing authorities) of Schedule A1 to the 2005 Act;

“the Measure” (“y Mesur”) means the Mental Health (Wales) Measure 20103;

“parental responsibility” (“cyfrifoldeb rhiant”) has the meaning given by section 3 (meaning of “parental responsibility”) of the 1989 Act;

“relevant discharge period” (“cyfnod rhyddhau perthnasol”) means the period within which an adult may request that a mental health assessment is carried out following discharge from secondary mental health services4;

“relevant mental health service provider” (“darparydd gwasanaeth iechyd meddwl perthnasol”) means the secondary mental health service provider who is identified as a relevant patient’s relevant mental health service provider in accordance with section 15 (identification of the relevant mental health service provider for a relevant patient) of the Measure or regulation 3 of these Regulations;

“relevant patient’s medical practitioner” (“ymarferydd meddygol claf perthnasol”) means, in relation to a relevant patient, the registered medical practitioner with whom the patient is registered and any registered medical practitioner with whom a patient is not registered but by whom that patient is referred for a primary mental health assessment under Part 1 (local primary mental health support services) of the Measure;

“responsible clinician” (“clinigydd cyfrifol”) has the meaning given by section 34(1) (interpretation of Part II) of the 1983 Act;

“responsible Local Social Services Authority” (“Awdurdod Gwasanaethau Cymdeithasol Lleol cyfrifol”) has the meaning provided by section 34(3) of the 1983 Act;

“supervisory body” (“corff goruchwylio”) in relation to a hospital has the identity given by paragraph 181 (supervisory bodies: hospitals) of Schedule A1 to the 2005 Act, and in relation to a care home has the identity given by paragraph 182 (supervisory bodies: care homes) of Schedule A1 to the 2005 Act;

the 1983 Act” (“Deddf 1983”) means the Mental Health Act 19835;

the 1989 Act” (“Deddf 1989”) means the Children Act 19896;

the 2005 Act” (“Deddf 2005”) means the Mental Capacity Act 20057; and

“working day” (“diwrnod gwaith”) means any day except Saturday, Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 19718.

2 Care coordinators

Part 2 —

Care coordinators

S-3 Identification of relevant mental health service provider

Identification of relevant mental health service provider

3.—(1) Where a Local Health Board is responsible for providing a secondary mental health service9to a relevant patient and a local authority is also responsible for providing such a service, then the provisions of this regulation apply.

(2) The Local Health Board is the relevant mental health service provider for a relevant patient unless paragraphs (3) or (4) apply.

(3) A local authority is the relevant mental health service provider for a relevant patient if that patient is the subject of—

(a)

(a) a guardianship application made under section 7 of the 1983 Act; or

(b)

(b) a guardianship order made under section 37 of the 1983 Act.

(4) A local authority is the relevant mental health service provider for a relevant patient if that patient is under the age of eighteen years and—

(a)

(a) is looked after by a local authority within the meaning of section 22(1) (general duty of local authority in relation to children looked after by them) of the 1989 Act;

(b)

(b) is a relevant child within the meaning of section 23A (the responsible authority and relevant children) of the 1989 Act;

(c)

(c) qualifies for advice and assistance under section 24(1A) (persons qualifying for advice or assistance) or section 24(1B) of the 1989 Act; or

(d)

(d) is admitted to a school in accordance with a statement of special educational needs made under section 324 (statement of special educational needs) of the Education Act 199610that names the school.

S-4 Eligibility requirements for care coordinators

Eligibility requirements for care coordinators

4.—(1) A person is eligible to be appointed as a care coordinator if that person—

(a)

(a) fulfils one or more of the professional requirements in Schedule 1 to these Regulations; and

(b)

(b) has demonstrated to the satisfaction of the relevant mental health service provider that he or she has appropriate experience, skills or training, or an appropriate combination of experience, skills and training.

(2) When determining whether a person satisfies the appointment requirement in paragraph (1)(b) regard must be had to standards in any Codes of Practice issued under section 44 (codes of practice) of the Measure, and any guidance that may be from time to time issued by the Welsh Ministers.

3 Care and treatment plans

Part 3 —

Care and treatment plans

S-5 Form and content of care and treatment plans

Form and content of care and treatment plans

5.—(1) A care coordinator must ensure that a care and treatment plan which records all of the outcomes which the provision of mental health services are designed to achieve for a relevant patient is completed in writing in the form set out in Schedule 2.

(2) The outcomes must include (but are not limited to) achievements in at least one of the areas provided in section 18(1)(a) (functions of the care coordinator) of the Measure.

4 Preparing, reviewing and revising care and treatment plans

Part 4 —

Preparing, reviewing and revising care and treatment plans

S-6 Persons to be consulted

Persons to be consulted

6.—(1) Where a relevant patient’s care coordinator must work with a relevant patient and that patient’s mental health service providers to—

(a)

(a) agree the outcomes which the provision of mental health services for that patient are designed to achieve as provided by section 18(1)(a) of the Measure;

(b)

(b) agree a care and treatment plan for that patient as provided by section 18(1)(b) of the Measure; or

(c)

(c) review and revise a care and treatment plan for that patient as provided by section 18(1)(c) of the Measure,

then the provisions of this regulation apply.

(2) Subject to paragraph (4), the care coordinator is to take all practicable steps to consult the following persons where those persons are identified in relation to a relevant patient—

(a)

(a) all persons with parental responsibility for that patient;

(b)

(b) all carers and adult placement carers of that patient;

(c)

(c) that patient’s responsible clinician;

(d)

(d) where a guardian has been appointed for that patient as a result of a guardianship application made under section 7 of the 1983 Act or a guardianship order made under section 37 of the 1983 Act, that patient’s guardian;

(e)

(e) a donee of that patient’s lasting power of attorney who has been appointed in accordance with section 10 (appointment of donees) of the 2005 Act, or a deputy of that patient who has been appointed by the Court of Protection in accordance with section 16 (powers to make decisions and appoint deputies: general) of the 2005 Act, provided that—

(i) in the case of a donee, the matters which are to be considered in the consultation fall within the scope of the lasting power of attorney, or

(ii) in the case of a...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT