Debt Respite Scheme (Breathing Spaces) Procedure

The professional who is making the initial referral should ask the individual if they consent to share their details.

If a person lacks capacity to make this decision, consent can be gained from someone the individual has previously indicated may make decisions on their behalf.

In all cases where the individual lacks capacity to consent, a record must be made of why the individual is believed to lack capacity to make this decision at the time and that they are unlikely to regain capacity by the time a decision needs to be taken including; the reasons why disclosure of confidential information is in their best interests (e.g. to protect them from serious physical or psychological harm).

Any one of the following people are able to make a referral for a Mental Health Crisis Breathing Space:

• The debtor;
• The debtor’s carer;
• An AMHP;
• The debtor’s care coordinator;
• A mental health nurse;
• A social worker;
• An Independent Mental Health Advocate (IMHA);
• An Independent Mental Capacity Advocate (IMCA);
• A Relevant Person’s Representative (under DoLS);
• An appropriate person (under the Liberty Protection Safeguards).

• Provided an AMHP is satisfied that the person meets one of the three criteria, the AMHP can sign Section 2 of the completed evidence form to verify this (form) and return to the referrer to progress the request. The form should be received with all other details provided by the referrer.
• It is the AMHP’s judgement that is of paramount importance. The relevant legislation does not set out the steps an AMHP should follow before completing an evidence form. They may carry out an assessment in person or remotely or rely on evidence provided to them by another professional about a person in that professional’s care.
• The AMHP does not need to know or provide any specific details of the person’s debts in the evidence form, but it is very helpful for them to include any information they do have if this available.
• Once the evidence form is signed and returned to the referrer to progress, the AMHP has no further role.
• AMHP Actions: Once completed, please record a case note and attach the completed form to the relevant individual’s MOSAIC record. Either log yourself on the breathing space log or ask a business support colleague to action on your behalf.

The regulations require that the nominated point of contact be specifically named, be that a Care Coordinator, Mental Health Nurse or other health care professional with the knowledge and ability to provide details as below.

The role of the nominated point of contact

• to be notified by email when the MHCBS starts;
• to respond to requests for information from the debt adviser (e.g. if there is a problem with the evidence form or delay in starting the MHCBS);
• to be contacted by the debt adviser to:
  • check that the person’s crisis treatment is on-going;
  • establish when that treatment ends;
  • provide them with a notification that the MHCBS has ended.

Please note - If the debt adviser is unable to contact the nominated point of contact, the assumption will be that the person named in the form is no longer receiving mental health crisis treatment, and their MHCBS will end 30 days from the date on which the debt adviser failed to receive a response.

Between 20 and 30 days after the MHCBS starts, the debt adviser will attempt to contact the nominated point of contact. This is to check that the person’s mental health crisis treatment is continuing.

If the person is still in crisis treatment, the nominated point of contact should tell the debt adviser this. They do not need to provide any other information about the person’s case or their condition. They just need to confirm that the individual is receiving mental health crisis treatment. The debt adviser will make contact again within 20-30 days and repeat this contact for the duration of the person’s crisis treatment.

If the person is no longer in crisis treatment, the nominated point of contact should tell the debt adviser this. The debt adviser will remove the person from the Insolvency Service’s register and the person’s MHCBS will end after 30 days.