New cases of people becoming subject to part of the Mental Health Act in England fell by a fifth in 2010/11 from the previous year – the biggest annual fall for nine years - says a new NHS Information Centre report.

The number of new cases of guardianship fell by 22 per cent to 339, according to Guardianship under the Mental Health Act 1983, England 2011, about 40 per cent lower than in 2001/02 (the first year analysed in today's report) when there were 561 new cases.

In addition, total continuing cases (those still open at the end of the financial year) fell for the fifth consecutive year; falling by six per cent between 2009/10 and 2010/11 to 755.

Today's report examines a ten year time series of cases of guardianship under the Mental Health Act; where a local social services authority or named individual can take certain decisions on behalf of a person being cared for in the community who has a mental disorder; to protect their own welfare or the welfare of others.

There is no clear reason for the fall in guardianship cases, although the report notes that two new pieces of mental health legislation - which introduced Supervised Community Treatment and Deprivation of Liberty Safeguards - have been available to health professionals since November 2008 and April 2009 respectively.

The report also shows that in 2010/11:

• Local authorities in the North West accounted for the largest proportion of all new cases in the country (27 per cent) and also the highest rate of new cases (13 per million of the population). The East Midlands accounted for the lowest proportion of new cases (3 per cent) and rate of new cases (two per million of the population).
• Similarly, the North West also reported the biggest proportion and rate of continuing cases in the country (27 per cent of cases and 29 per one million of the population). The lowest proportion and rate of continuing cases was reported by London (with 5 per cent of cases and four per million of the population)
• More than half the guardianship cases continuing at the end of the year were being managed by 24 of the 152 local authorities in England.

The NHS Information Centre's chief executive Tim Straughan said:

"Our report points to less than 350 new guardianship cases under the Mental Health Act being recorded last year in England – a drop of more than a fifth from the year before.

“There is no clear reason for this fall; but there might be a connection with two relatively new pieces of mental health legislation – Supervised Community Treatment and Deprivation of Liberty Safeguards - which mean mental health professionals now have more options to consider when looking at how best to help a patient.”

The report can be accessed at: www.ic.nhs.uk/pubs/guardianmh11

ENDS

Notes to editors

1. The NHS Information Centre for health and social care (The NHS IC) is England's authoritative, central, independent source of health and social care information. It works with a wide range of health and social care providers nationwide to provide the facts and figures that help the NHS and social services run effectively. Its role is to collect data, analyse it and convert it into useful information which helps providers improve their services and supports academics, researcher, regulators and policymakers in their work. The NHS IC also produces a wide range of statistical publications each year across a number of areas including: primary care, health and lifestyles, screening, hospital care, population and geography, social care and workforce and pay statistics.
2. This report contains the latest statistics about cases of guardianship under Sections 7 and 37 of the Mental Health Act 1983 in England. It contains information at national and local authority level. This will be relevant to anyone with responsibility for handling applications for guardianship or who is involved in monitoring uses of the Mental Health Act and the rights of people with mental disorders. It will be of particular interest to local social services authorities who are the named guardians in the majority of cases and who supply the data used for these statistics.
3. The purpose of guardianship is to enable patients to receive care in the community where it cannot be provided without the use of compulsory powers. It provides a framework, as part of the overall care and treatment plan, for working with a patient to achieve as independent a life as possible. Guardianship applies to patients who are at least 16 years old and who have a mental disorder of a nature or degree which warrants reception into guardianship, and where it is also necessary in the interests of the welfare of the patient or for the protection of others.
4. A continuing case is one that was open in the previous financial year and has continued into the current financial year for which figures are collated, or has begun in the current financial year and is still open at the end of it. A new case is one that has been opened during the current financial year for which figures are collated.
5. For media enquires please call 0845 257 6990 or contact mediaenquiries@ic.nhs.uk