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Guardianship under the Mental Health Act 1983

  • Last modified date:
    8 February 2007

The SSDA 702 form collects information on the numbers of people subject to Guardianship under Sections 7 and 37 of the Mental Health Act 1983.Section 7 of the Mental Health Act 1983 provides for guardianship under the auspices of a local social services authority (or a named individual) on the recommendation of two doctors and an application by an approved social worker or nearest relative. Under Section 37 a court can also make a guardianship order.

Section 8 of the Act sets out the three powers conferred on the guardian. These are:

  • the power to require the patient to reside at a specified place;
  • the power to require the patient to attend specified places for medical treatment, occupation, education or training;
  • the power to require access be given to the patient by a doctor, approved social worker or other specified person.

While guardianship confers the above powers on the guardian it is frequently not possible to use them without the patient's consent and co-operation. However in the case of an adult "assessed as requiring residential care, but owing to mental incapacity is unable to make a decision as to whether he or she wishes to be placed in residential care" the Code of Practice: Mental Health Act 1983 (March 1999) suggests (in paragraph 13.10) that those responsible for the care of such an adult should consider the appropriateness of using guardianship.

Reforms of the Mental Health Act

The Department is currently undertaking the reform of the Act with a view to modernising mental health legislation so that it reflects contemporary patterns of care and treatment. Formal detailed proposals covering Community Treatment Orders will incorporate many of the benefits of the current Guardianship procedure.

Local Authorities have been sent a copy of their individual SSDA 702 form. A blank form is also available here. Enquiries and completed returns (by Friday 13 May 2005) should be addressed to:

Shanaz Islam
Department of Health
SD2C
Room 430B
Skipton House
80 London Road
London SE1 6LH
Tel: 020 7972 5548

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