Protecting the rights of patients in psychiatric settings: A comparison of the work of the Mental Health Act Commission with the Care Quality Commission

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Abstract

Since April 2009, the Care Quality Commission (CQC) has been responsible for
regulating standards of health and adult social care in England, as well as monitoring the operation of the Mental Health Act 1983. The latter function was previously performed by the Mental Health Act Commission (MHAC). This article compares the role and functions of both bodies in terms of their ability to provide a legitimate system of regulation and an effective safeguard for psychiatric patients who are deprived of their liberty. This paper is important, as there is very little published data to date on the work of the CQC and its predecessor, the MHAC. It is also necessary to evaluate changes to the regulatory landscape and compare the different regimes, to find out whether it has improved the protection and quality of care for mental health patients. The article concludes that the CQC does have the capacity to monitor detention, enforce standards and improve the quality of patient care, as long as it continues to endorse a commitment to human rights and service user involvement, to preserve the expertise and knowledge of visiting inspectors and to maintain accountability and independence from the State.
Original languageEnglish
Pages (from-to)149-167
Number of pages19
JournalJournal of Social Welfare and Family Law
Volume36
Issue number2
Early online date7 Jul 2014
DOIs
Publication statusPublished - 2014

Structured keywords

  • LAW Centre for Health Law and Society

Keywords

  • Care Quality Commission
  • Mental Health Act Commission
  • Mental Health Act 1983
  • patient rights
  • monitoring detention
  • regulating mental health care

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