Dr Judy Laing and Professor Rachel Murray in the Law School were commissioned to carry out research for the Care Quality Commission (CQC) In October 2012. The research looked at different models of monitoring mental health legislation in a number of diverse jurisdictions, including several European countries as well as North America and Australasia. The research highlights the importance of maintaining regular visits and meetings with patients to capture their experiences of care and detention. The research also emphasizes the importance of appointing experienced visitors/inspectors with appropriate professional expertise in mental health/social work & related disciplines, as well as providing relevant on-going training and support.   Close liaison with relatives/carers and advocacy services is also crucial to promote effective monitoring. In this way, monitoring bodies will be better able to meet their international human rights obligations, for example monitoring deprivations of liberty under the UN Optional Protocol on the Convention Against Torture.

The research also demonstrated the challenges of evaluating the impact of monitoring work and following up recommendations, and the difficulties of integrating monitoring within an effective complaints mechanism. Heather Hurford, Mental Health Act/Mental Capacity Act policy lead at the CQC has commented that ‘the research has been/will be extremely helpful to CQC in developing our strategy on our MHA monitoring responsibilities’.  The final research report will soon be made available on the CQC website.

Please contact Dr Judy Laing or Professor Rachel Murray for further information.