Mental Health Bill [HL]

moved Amendment No. 57: 57: After Clause 28 , insert the following new Clause— ““Assessment of need for health and social care services After section 1 of the 1983 Act, insert the following Part— ““PART 1A Assessment of needs for health and social care services 1A Assessment of needs for health and social care services (1) Where— (a) it appears to a local authority or a health authority that any person with a mental disorder for whom they may provide or arrange for the provision of community care services may be in need of any such services; or (b) it appears to a health authority that any person with a mental disorder may be in need of services which are commissioned by the health authority in respect of mentally disordered persons, the authority and the health authority shall carry out a joint assessment of his needs for those services; and having regard to the results of that assessment, shall then decide whether his needs call for the provision by them of any such services. (2) Where a local authority or health authority receive a request for an assessment under subsection (1) above in writing by— (a) the person with mental disorder; (b) the carer (as defined under section 1 of the Carers and Disabled Children Act 2000); (c) the person who is or who will be the nearest relative; or (d) an approved mental health professional, the authorities must comply with subsection (3) below. (3) The requirement referred to in subsection (2) above is to give notice, before the expiry of the period of 14 days beginning with the day on which the request is received, to the person who made the request or whether the health authority and local authority intends to undertake the assessment; and if the intention is not to undertake the assessment, of the reason why that is the case.”””” The noble Lord said: My Lords, this amendment, which relates to the assessment of need for health and social care services, derives from the mental health organisation, Rethink, of which I have been for a long time a supporter. Without prejudice to the question of whether this should be in the Bill, which is a key point, it is rather bizarre not to have an assessment of the need for services of a person with a mental disorder. Without it, how can the right decision on services be made? The logic of this amendment seems quite irrefutable. I want to make three points only. First, this amendment covers local authorities and health authorities, which is an innovation; I do not think that it is in current legislation. The health authority should in our view also be covered. Secondly, this assessment could be a request from a number of people: the person himself; the carer—that is a very important point in public opinion—the nearest relative; or a mental health professional. Thirdly, this assessment is not an absolute requirement. It is clear from the text that the authorities can decide not to make an assessment, but if they do that they have to give reasons. It is a logical sequence. I leave it to the Minister to say whether it should be in the Bill, but I hope that he will indicate that it seems reasonable as far as possible for local authorities and health authorities to make an assessment, which it should be open to a number of people to suggest. There should also be a clause to say that an assessment does not necessarily have to be made in every case. I beg to move.