The Care Quality Commission (CQC) has published Monitoring the Mental Health Act in 2018/19, under its statutory duty to provide Parliament with an annual review of how health services in England apply the Mental Health Act (MHA).

Key points 

• The Care Quality Commission (CQC) has identified the use of human rights principles and frameworks as a key area of concern. CQC state services must apply human rights principles and frameworks, and their impact on people should be continuously reviewed to make sure people are protected and respected.
• CQC MHA monitoring visits suggest that since 2015 the number of services meeting the basic expectations of the MHA code of practice have improved.
• CQC has concluded it is difficult for patients, families, professionals and carers to navigate the complex laws around mental health and mental capacity.