Request reference: CQC-089

Dear Ms Speers,

Thank you for your request for information.

You requested the following:

The Care Quality Commission took on the statutory remit of the Mental Health Act Commission from the 1 April 2009, and the MHAC was abolished on that date. The statutory remit was amended in several ways in this move, although it remains fundamentally similar to the MHAC duties in visiting and interviewing patients in private, and monitoring the use of powers and discharge of duties under the Mental Health Act. Please find attached in the body of the email a breakdown of the new statutory remit under s.120 of the Act as it has been amended by the Health and Social Care Act 2008, which was the legislation that created CQC and transferred Mental Health Act monitoring to it. The most obvious changes include the extension of the Mental Health Act monitoring remit to patients under Guardianship as well as Community Treatment Orders and detention, and the introduction of powers to require action statements following CQC investigation of matters upon its own initiation.

Neither the MHAC nor CQC had / has a mechanism for being informed of the detention of individual patients. That is, there is no statutory requirement (or other arrangement) that either body was / is notified when a patient is made subject to the Mental Health Act. Both bodies have relied upon regular visiting of places where patients are detained to meet with patients.

Please be assured that we have carefully considered your request. However, if you are not satisfied with this response you may request an independent internal review by a senior member of the Information Governance team, who has had no involvement in dealing with your request. We aim to deal with FOI/DPA appeals within 20 days of receipt.

If you wish to appeal against this decision, please contact:

The Information Governance Team

Care Quality Commission

Finsbury Tower

103-105 Bunhill Row

London

EC1Y 8TG

Emails should be clearly marked 'Appeal against FOI/DPA' and sent to: [email address]

Should you remain dissatisfied after this internal review, you will have a right of complaint to the Information Commissioner. Further information is available at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 01625 545 700

www.informationcommissioner.gov.uk

Yours sincerely,

Andrew Lall

Information Access Officer

[FOI #12751 email]

3 June 2009

Care Quality Commission
Finsbury Tower

103 - 105 Bunhill Row

London

EC1Y 8TG

[email address]

www.cqc.org.uk

Chairman
Barbara Young

Chief Executive
Cynthia Bower

Registered office:
Finsbury Tower
103-105 Bunhill Row
London EC1Y 8TG