Constitutional
and Legislative Affairs Committee
CLA(4)-11-12
CLA142
Constitutional and
Legislative Affairs Committee Draft Report
Title: The Mental
Health (Secondary Mental Health Services) (Wales) Order
2012
Procedure:
Affirmative
This Order provides that,
for the purposes of Parts 2 and 3 of the Mental Health (Wales)
Measure 2010, local primary mental health support services made
available in a particular local authority areas are not to be
regarded as secondary mental health services in that local
authority area.
The order further provides
that services in England, Scotland or Northern Ireland which are
the equivalent of secondary mental health services provided in
Wales are to be regarded as secondary mental health services for
certain purposes in Part 3 of the Measure.
Technical
Scrutiny
No points are identified
for reporting under Standing Order 21.2 in respect of this
instrument.
Merits Scrutiny
[No points are identified
for reporting under Standing Order 21.3 in respect of this
instrument.]
OR
[Under Standing Order
21.3.(ii) the committee is invited to consider whether the Assembly
should pay special attention to this instrument as it gives rise to
issues of public policy likely to be of interest to the
Assembly.
- Part 2 of the Measure
contains requirements in respect of care co-ordination and care and
treatment planning. Part 3 of the Measure enables
eligible adults who have been discharged from secondary mental
health services to refer themselves back to secondary services
directly if they believe their mental health is
deteriorating.
- Article 3 of the Order has
the effect of excluding any service or treatment identified and
made available as part of a local primary mental a health service
in a local authority area under Part 1 of the Measure from the
requirements of Parts 2 and 3 of the
Measure.
- Consequently service
providers (LHBs and local authorities) will not be required to
appoint care co-ordinators or provide care and treatment plans for
individuals accessing services or treatment which are regarded as
local primary mental health support services within a local
authority area. A further consequence is that a person who
has been discharged from services delivered as part of local
primary health support service will not be entitled to seek
reassessment.
- The Order extends the
entitlement of those eligible to receive an assessment under Part 3
of the Measure to persons who have received secondary mental health
services (equivalent to those provided in Wales) in England,
Scotland or Northern Ireland.]
Legal Advisers
Constitutional and
Legislative Affairs committee
8 May 2012