Protecting patients' rights: future regulation and monitoring of the Mental Health Act Available to Purchase

The draft Mental Health Bill 2004 proposes transfer of the main monitoring functions of the Mental Health Act Commission (MHAC) to the Healthcare Commission (or in practice whatever body succeeds the Healthcare Commission) with the abolition of the MHAC on implementation of the Bill when enacted. This paper describes the present role and remit of the Mental Health Act Commission, outlines the government's strategy on inspection and regulation and identifies the importance of protecting the rights of vulnerable adults and children with mental disorders. The reasons for retaining independent scrutiny and inspection of mental health services are explored and structures and mechanisms that might assist in achieving an effective regulatory environment are proposed.