DOCSLIB.ORG

Caretakers and the Rights of the Insane : an Historical Sociology

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Caretakers and the Rights of the Insane : an Historical Sociology CARETAKERS AND THE RIGHTS OF THE INSANE: AN HISTORICAL SOCIOLOGY Patrick Anthony Leiba A thesis presented to the Faculty of Economics of the University of London for the degree of Doctor of Philosophy ABSTRACT This investigation grew out of my experiences while working as a mental nurse with people deemed to be insane. The behaviours which they presented and the medical and legal control exercised over them became of concern to me because I felt their rights were not being respected. A primary issue is the extent to which adherence to the medical-somatic view of insanity held by psychiatrists, lawyers and politicians has led to the exclusion of viable custody and treatment alternatives. The purpose of this research is to question the role and functions of mental nurses. It suggests that 'caretakers' might be a more suitable title for such workers with the insane. The hypothesis underlying the research links the work of 'caretakers' of the insane to changes in government policies and legislation; the thesis examines this hypothesis in the light of changes in the roles and functions of 'caretakers' over the period from 1890 to 1990. Research activities included the examination of primary sources, Hansard, newspapers, and professional journals. Interviews were also carried out with nine contemporary caretakers who have worked with the 1959 and the 1983 Mental Health Acts. These research methods provided an historical background to the debates in the Houses of Parliament when mental health legislation was discussed; information from the writings of the professionals who worked with the insane at the times of new mental health legislation; data on the public and media debate of these issues; and information on the perceptions and duties of caretakers working with the insane at the times of new mental health legislation. The research findings show that both those who cared for the insane and the insane themselves have been subjected to changes brought about by mental health legislation since 1890. These changes affected the working conditions of the caretakers and the social control and rights of the insane. The changes in the work of caretakers led to new directions in their education. Workers with the insane became a part of nursing by adopting the somatic approach to care. When this occurred, many of the care activities of keepers, attendants and mental nurses became redundant. Over time, there has been a move to, and then away from, the clinical-somatic model of nursing towards caretaking skills such as group work, therapeutic community skills, counselling skills and psychotherapy skills. These caretaking skills are seen by contemporary caretakers as going beyond their custodial and social control functions, towards providing a space in which people can be respected, encouraged, supported and be open to new insights. CONTENTS PAGE Frontice Piece Abstract Contents Acknowledgements Chapter 1 1 Focus, Background and Design of Study The focus of the investigation Background 2 Research methods 5 a. Historical investigation and documentary 5 analysis b. The collection of information from 6 contemporary caretakers Access and ethics 6 Organisation of the thesis 7 Chapter 2 10 Doing Historical Sociology: Methodological Issues 10 History and sociology 10 Historical method:problems and possibilities 12 Documentary analysis 15 Studying the caretakers of the insane 16 a. Analysing relevant documents 16 b. Interviews with contemporary caretakers 17 The qualitative/quantitative debate 20 The role of theory 24 Chapter 3 27 Theoretical Framework 27 Power in Sociology 27 a. Power as social action 28 b. Power as social relationship 28 Power, the sick, and the caretaker of the insane 28 Power, social divisions and care workers 33 a. Social class 33 b. Ethnicity and racism 34 c. Gender and sexism 36 Social control 37 The state and social action 41 Gender, the state and social control 41 Power and social control 42 Social control and the health care system 43 Social control and the mental health services 44 Chapter 4 48 Insanity, Madness or Mental Illness? 48 Defining insanity 48 The development of facilities for the insane 51 Who is insane, mad or mentally ill 52 The user perspective 55 Chapter 5 59 Madness and Social Divisions 59 Social class and insanity 59 Gender 60 Ethnicity 75 Chapter 6 82 Caretakers and Caretaking 82 The nature of caring 83 Principles governing caretaker practice 86 a. Respect for persons 86 b. The right to liberty 87 c. The right to know the truth 88 The early history of caretaking 89 Caretaking activities at the Bethlem 93 The training and practice of attendants 98 Chapter 7 104 Mental Health Legislation 104 Early lunacy reform 104 The 1890 Lunacy Act 109 a. Administration 111 b. Admissions 111 c. Care and treatment 112 d. Discharge 122 e. Miscellaneous provisions 122 The 1930 Mental Treatment Bill 122 The 1959 Mental Health Act 125 a. Definitions 126 b. Administration 126 c. Mental Health Review Tribunals 127 d. Admissions 127 e. Care and treatment 128 f. Discharge 128 G. Guardianship 128 The 1983 Mental Health Act 131 Social uncertainty, legalism and mental health 133 legislation Chapter 8 135 Legislation, Caretaking and Rights 135 The social control of insanity 135 Debates at the time of the 1930 Mental Treatment Bill 139 Debates at the time of the 1959 Mental Health Act 149 Debates at the time of the 1983 Mental Health Act 161 Mental health services and the political process 172 Compulsory detention and the role of the psychiatrists 176 The role of social workers 178 The role of caretakers 178 Protection against litigation for mental health workers 180 Consent to treatment rules 180 Chapter 9 184 Changes In Caretakers' Roles 184 The asylum system 185 Training and treatment 188 Public views and caretakers' work 191 Chapter 10 194 Contemporary Caretakers: Their Reflections On Their Work 194 Discussion of contemporary caretakers' views 216 Chapter 11 220 Discussion 220 Mental; health legislation, medicine and changes in 220 caretakers'work Power, social control and caretakers' work 225 The rights of the insane and caretakers' work 228 Chapter 12 235 Conclusion 235 From attendant to mental health nurse 235 Models of insanity and caretaking work 238 Caretaking today 240 Resistance and the possibility for change 242 References 246 Archive and Library Sources 266 Appendix 1 268 Rules of Attendants Appendix 2 273 Interview Schedule Appendix 3 275 Letter to Interviewees Tables Table 1 67 Statistics on Mental Illness 1986 Table 2 68 Statistics on Mental Illness 1995 Table 3 197 Details of age range and sex of contemporary caretakers Illustrations Figure 1 64 How to get rid of the wife: The introduction to a lunatic asylum Figure 2 71 Woman in West Riding Lunatic Asylum manifesting 'intense vanity' Figure 3 72 A Victorian ' Ophelia' in Surrey Asylum Figure 4 73 An alcoholic woman Figure 5 74 A melancholic asylum patient Figure 6 96 Plan if an intended London Asylum for the care and cure of the insane Figure 7 97 The men's ward in Bethlem in 1860 Figure 8 108 Relatives visiting an uncle in an asylum in 1851 Figure 9 114 Mechanical restraint used at the Hanwell Asylum Figure 10 115 Manacles and gloves for the more violent Figure 11 116 Norris in his iron cage in Bethlem Figure 12 117 The Rush tranquilliser chair Figure 13 118 The Rush Gyrating chair Figure 14 119 The rotary motion machine Figure 15 120 The douche: a method for calming violent lunatics Figure 16 121 Electro convulsive therapy treatment ACKNOWLEDGEMENT My thanks to the following people for their encouragement and help: to my supervisor for her consistency, support and constructive comments; to the mental health nurses who shared their experiences with me; and to the Archivist at the Bethlem Royal Hospital for the way she has supported over the years my interest in the history of mental nursing. 1 CHAPTER 1 FOCUS, BACKGROUND AND DESIGN OF STUDY The subject of this thesis is the work of the caretakers of people deemed to be insane or mentally ill. The thesis makes an important new contribution to our understanding of the nature of the work carried out by people charged with the responsibility of looking after the insane. The thesis spans several important areas and disciplines; the sociology of the health and welfare professions; the social construction of mental illness; the historical development of medical treatments for mental illness; the evolution of civil rights and liberties; and the relationship between law and the legal system, on the one hand, and social practices and policies, on the other. The central hypothesis of the investigation is that the work of the caretakers of the insane has changed with changes in government policies and legislation. The work described in this thesis therefore contributes directly to the knowledge available on the professionals who work with people deemed to be insane. The investigation examines the role of the function of mental nurses and the changes that took place in caretaking activities over the period from 1890 to 1990. It argues that over this period the workers with the insane became a part of nursing by adopting the somatic approach to care. As a consequence, many of the traditional care activities of keepers, attendants and mental nurses became redundant. The focus of the investigation A number of important questions proceed from the central hypothesis of the study. These include: how do government policies and legislation influence the roles and responsibilities of the caretakers and the rights of the 'insane'; and how does the work of caretakers of the insane relate to changes in social and legal definitions of insanity? The thesis seeks answers to these questions 2 through an examination of documentary/historical sources and a qualitative study of contemporary caretakers.
Load more

Recommended publications
  • Statute Law Revision Bill 2007 ————————
    ———————— AN BILLE UM ATHCHO´ IRIU´ AN DLI´ REACHTU´ IL 2007 STATUTE LAW REVISION BILL 2007 ———————— Mar a tionscnaı´odh As initiated ———————— ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. General statute law revision repeal and saver. 3. Specific repeals. 4. Assignment of short titles. 5. Amendment of Short Titles Act 1896. 6. Amendment of Short Titles Act 1962. 7. Miscellaneous amendments to post-1800 short titles. 8. Evidence of certain early statutes, etc. 9. Savings. 10. Short title and collective citation. SCHEDULE 1 Statutes retained PART 1 Pre-Union Irish Statutes 1169 to 1800 PART 2 Statutes of England 1066 to 1706 PART 3 Statutes of Great Britain 1707 to 1800 PART 4 Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922 [No. 5 of 2007] SCHEDULE 2 Statutes Specifically Repealed PART 1 Pre-Union Irish Statutes 1169 to 1800 PART 2 Statutes of England 1066 to 1706 PART 3 Statutes of Great Britain 1707 to 1800 PART 4 Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922 ———————— 2 Acts Referred to Bill of Rights 1688 1 Will. & Mary, Sess. 2. c. 2 Documentary Evidence Act 1868 31 & 32 Vict., c. 37 Documentary Evidence Act 1882 45 & 46 Vict., c. 9 Dower Act, 1297 25 Edw. 1, Magna Carta, c. 7 Drainage and Improvement of Lands Supplemental Act (Ireland) (No. 2) 1867 31 & 32 Vict., c. 3 Dublin Hospitals Regulation Act 1856 19 & 20 Vict., c. 110 Evidence Act 1845 8 & 9 Vict., c. 113 Forfeiture Act 1639 15 Chas., 1. c. 3 General Pier and Harbour Act 1861 Amendment Act 1862 25 & 26 Vict., c.
    [Show full text]
  • The Poor Law of Lunacy
    The Poor Law of Lunacy: The Administration of Pauper Lunatics in Mid-Nineteenth Century England with special Emphasis on Leicestershire and Rutland Peter Bartlett Thesis submitted for the degree of Doctor of Philosophy, University College London. University of London 1993 Abstract Previous historical studies of the care of the insane in nineteenth century England have been based in the history of medicine. In this thesis, such care is placed in the context of the English poor law. The theory of the 1834 poor law was essentially silent on the treatment of the insane. That did not mean that developments in poor law had no effect only that the effects must be established by examination of administrative practices. To that end, this thesis focuses on the networks of administration of the poor law of lunacy, from 1834 to 1870. County asylums, a creation of the old (pre-1834) poor law, grew in numbers and scale only under the new poor law. While remaining under the authority of local Justices of the Peace, mid-century legislation provided an increasing role for local poor law staff in the admissions process. At the same time, workhouse care of the insane increased. Medical specialists in lunacy were generally excluded from local admissions decisions. The role of central commissioners was limited to inspecting and reporting; actual decision-making remained at the local level. The webs of influence between these administrators are traced, and the criteria they used to make decisions identified. The Leicestershire and Rutland Lunatic asylum provides a local study of these relations. Particular attention is given to admission documents and casebooks for those admitted to the asylum between 1861 and 1865.
    [Show full text]
  • The Story of Nursing in British Mental Hospitals
    Downloaded by [New York University] at 12:59 29 November 2016 The Story of Nursing in British Mental Hospitals From their beginnings as the asylum attendants of the nineteenth century, mental health nurses have come a long way. This is the first comprehensive history of mental health nursing in Britain in over twenty years, and during this period the landscape has transformed as the large institutions have been replaced by services in the community. McCrae and Nolan examine how the role of mental health nursing has evolved in a social and professional context, brought to life by an abundance of anecdotal accounts. The nine chronologically ordered chapters follow the development from untrained attendants in the pauper lunatic asylums to the professionally qualified nurses of the twentieth century, and, finally, consider the rundown and closure of the mental hospitals from nurses’ perspectives. Throughout, the argument is made that while the training, organisation and environment of mental health nursing has changed, the aim has remained essentially the same: to nurture a therapeutic relationship with people in distress. McCrae and Nolan look forward as well as back, and highlight significant messages for the future of mental health care. For mental health nursing to be meaningfully directed, we must first understand the place from which this field has developed. This scholarly but accessible book is aimed at anyone with an interest in mental health or social history, and will also act as a useful resource for policy- makers, managers and mental health workers. Niall McCrae is a lecturer in mental health nursing at Florence Nightingale Faculty of Nursing & Midwifery, King’s College London.
    [Show full text]
  • Modernising the Mental Health Act
    Modernising the Mental Health Act Increasing choice, reducing compulsion Final report of the Independent Review of the Mental Health Act 1983 December 2018 © Crown copyright 2018 Published to GOV.UK in pdf format only. www.gov.uk/dhsc This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open- government-licence/version/3 Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. 1 Contents FOREWORD - REVIEW CHAIR .......................................................................................... 4 INTRODUCTION AND EXECUTIVE SUMMARY - REVIEW CHAIR AND VICE CHAIRS. 16 LETTER FROM THE REVIEW'S SERVICE USER AND CARER GROUP ....................... 35 HOW THE REVIEW CARRIED OUT ITS WORK .............................................................. 39 THE CASE FOR CHANGE ................................................................................................ 45 UNDERSTANDING RISING RATES OF DETENTION .................................................. 49 SERVICE USER EXPERIENCE ..................................................................................... 53 STEPS TO TACKLE THE DISPROPORTIONATE NUMBER OF PEOPLE FROM ETHNIC MINORITY COMMUNITIES DETAINED UNDER THE ACT ............................ 58 HOW WE ARE MEETING OUR HUMAN RIGHTS OBLIGATIONS ................................ 60 MENTAL CAPACITY AND DECISION MAKING IN THE MHA......................................
    [Show full text]
  • Above All a Patient Should Never Be Terrified: an Examination of Mental Health Care and Treatment in Hampshire 1845-1914 Diane T
    ABOVE ALL A PATIENT SHOULD NEVER BE TERRIFIED: AN EXAMINATION OF MENTAL HEALTH CARE AND TREATMENT IN HAMPSHIRE 1845-1914 DIANE TERESA CARPENTER ‘The thesis is submitted in partial fulfilment of the requirements for the award of the degree of Doctor of Philosophy of the University of Portsmouth.’ September 2010 ABSTRACT ABOVE ALL A PATIENT SHOULD NEVER BE TERRIFIED: AN EXAMINATION OF MENTAL HEALTH CARE AND TREATMENT IN HAMPSHIRE 1845-1914 Challenging significant historiography this study argues that the period 1845-1914 was a time in which to have been in receipt of the care of county lunatic asylums was substantially preferable to the alternatives for the local poor and mad, suggesting wider studies might show the same for other parts of England. Case examples are provided from the close research of two pauper lunatic asylums built in Hampshire during the period. Underpinning these is a methodology which synthesises an ‘alltagsgeschichte’ deriving from the Annales School with medical and local history. The research follows a metaphorical patient-journey beginning with the pre-patient stage when policy enforced the building of county lunatic asylums, examining the concept of architecture for sanity as well as local reaction to the building programme. It has identified a novel perspective for our understanding of the loci of control responsible for translating ideology into the physical structure of the asylum. Patient assessment and the asylum admission process are critically reviewed, and the identification of the symptoms of insanity as well as contemporary beliefs about aetiology are interrogated. Medicalization of aberrant behaviour and the early attempts at classification and diagnosis are subsequently analyzed.
    [Show full text]
  • ———————— Number 28 of 2007 ———————— STATUTE LAW REVISION ACT 2007 ———————— ARRAN
    Click here for Explanatory Memorandum ———————— Number 28 of 2007 ———————— STATUTE LAW REVISION ACT 2007 ———————— ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. General statute law revision repeal and saver. 3. Specific repeals. 4. Assignment of short titles. 5. Amendment of Short Titles Act 1896. 6. Amendment of Short Titles Act 1962. 7. Miscellaneous amendments to post-1800 short titles. 8. Evidence of certain early statutes, etc. 9. Savings. 10. Short title and collective citation. SCHEDULE 1 Statutes retained PART 1 Pre-Union Irish Statutes 1169 to 1800 PART 2 Statutes of England 1066 to 1706 PART 3 Statutes of Great Britain 1707 to 1800 PART 4 Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922 1 [No. 28.]Statute Law Revision Act 2007. [2007.] SCHEDULE 2 Statutes Specifically Repealed PART 1 Pre-Union Irish Statutes 1169 to 1800 PART 2 Statutes of England 1066 to 1706 PART 3 Statutes of Great Britain 1707 to 1800 PART 4 Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922 ———————— 2 [2007.]Statute Law Revision Act 2007. [No. 28.] Acts Referred to Bill of Rights 1688 1 Will. & Mary, sess. 2, c. 2 Documentary Evidence Act 1868 31 & 32 Vict., c. 37 Documentary Evidence Act 1882 45 & 46 Vict., c. 9 Dower Act 1297 25 Edw. 1, Magna Carta, c. 7 Drainage and Improvement of Lands Supplemental Act (Ireland) (No. 2) 1867 31 & 32 Vict., c. 3 Dublin Hospitals Regulation Act 1856 19 & 20 Vict., c. 110 Evidence Act 1845 8 & 9 Vict., c. 113 Forfeiture Act 1639 15 Chas.
    [Show full text]
  • The Alleged Lunatics' Friend Society 1845-63
    The Alleged Lunatics’ Friend Society and the history of User Involvement 1845-1863 Dr Nick Hervey ‘In no other country than England, where private individuals perform so many of the local duties of government, would such a Society have ever been imagined …… perhaps not one case in fifty will be brought to light by its exertions. But even the injustice of the remaining forty nine will be modified by its influence’ The Atlas, 28th April 1847 ‘A nucleus attended by a splendid train of supporters’ The Times, 16th April 1846 Background to the creation of a pressure group • Daniel Defoe questioned the dubious practices of private madhouses in Augusta Triumphans in 1728 • Tobias Smollett described illegal confinement in his novel Sir Launcelot Greaves (1762) • An article in the Gentleman’s Magazine (1763) mentioned innocents being, ‘decoyed into private madhouses, stripped by banditti and forcibly reduced by physic.’ • An act of parliament in 1774 introduced the first inspection system, followed by another in 1828 which established the Metropolitan Lunacy Commissioners • There were regular scares about illegal confinement and the inspection of public and charity asylums was only piecemeal Viscount Sydney – Madhouses Act 1774 Formation of the Alleged Lunatics’ Friend Society • In 1838 Richard Paternoster, a former civil servant in the East India Company, was discharged after 41 days in William Finch's madhouse at Kensington. He had been detained following a disagreement with his father over money. Once free, he published a letter in the Times
    [Show full text]
  • Journal Article: Adult Protection in Scotland in 1857 and in 2015: What Have We Learned?
    Journal Article: Adult Protection in Scotland in 1857 and in 2015: What have we learned? (Conceptual paper) Abstract Purpose: The purpose of this paper is to compare recent developments in adult protection legislation, policy and practice in Scotland in 2015 with the first attempts at adult protection of adults at risk of harm, in 1857-62, with a particular focus on people with learning disabilities. Design/methodology/approach: The paper uses comparative historical research, drawing on primary archive material from 1857-62 in the form of Annual Reports of the General Board of Commissioners in Lunacy for Scotland and associated papers. Findings: Growing public awareness of the extent of neglect and abuse, and the need for overarching legislation were common factors in the development of both the “The Lunacy Act” of 1857 and the Adult Support and Protection (Scotland) Act of 2007. Both pieces of legislation also had the common aim of “asylum”, and shared some other objectives. Practical implications: Total prevention of abuse of vulnerable adults is an aspiration in law and in policy. There is an evidence base of effectiveness however in protecting adults at risk of harm from abuse. Some ecological factors recur as challenges to effective safeguarding activity. These include problems of definition, uncovering abuse, enforcing legislation, evaluating impact, and protection of people who are not a risk of harm to others. Originality/value: This paper compares common themes and common challenges in two separate time periods to investigate what can be learned about development of legislation and practice in adult protection. The research was funded by the Carnegie Foundation in Scotland.
    [Show full text]
  • The Journal of Adult Protection
    The Journal of Adult Protection The Journal of Adult Protection The journey from first inspection to quality standards (1857-2016): Are we there yet? Journal: The Journal of Adult Protection Manuscript ID JAP-10-2016-0024.R2 Manuscript Type: Policy Paper Learning/intellectual disabilities, Mental health, Safeguarding, Regulation of Keywords: care, Inspection, Historical research Page 1 of 19 The Journal of Adult Protection 1 2 3 The journey from first inspection to quality standards (1857-2016): Are we there yet? 4 5 6 7 The Journal of Adult Protection 8 Abstract 9 This paper is a qualitative analysis of areas of the inspection and regulation of care for people with 10 11 learning disabilities and mental health problems in Scotland, in two time periods. 12 13 The paper uses comparative historical research, drawing on primary sources from 1857 to 1862 in 14 15 the form of Annual Reports of the General Board of Commissioners in Lunacy for Scotland and 16 associated papers, to compare inspection methods, quality standards, and to identify persistent 17 18 challenges to effective inspection. 19 20 Political, clinical and public awareness led initially to criticisms of existing care and eventually to the 21 22 development of the “ The Lunacy Act ” of 1857. This Act resulted in the first attempts to set minimum 23 standards of care for individuals at risk, with enforceable regulation. Some factors recur as 24 25 challenges to effective practice in the inspection and regulation of care today. 26 27 There are problems of definition, reliable monitoring of quality standards and adequate, independent 28 29 inspection of services that respond to unacceptable standards of care.
    [Show full text]
  • This Electronic Thesis Or Dissertation Has Been Downloaded from Explore Bristol Research
    This electronic thesis or dissertation has been downloaded from Explore Bristol Research, http://research-information.bristol.ac.uk Author: Hervey, N. B Title: The Lunacy Commission 1845-60, with special reference to the implementation of policy in Kent and Surrey General rights Access to the thesis is subject to the Creative Commons Attribution - NonCommercial-No Derivatives 4.0 International Public License. A copy of this may be found at https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode This license sets out your rights and the restrictions that apply to your access to the thesis so it is important you read this before proceeding. Take down policy Some pages of this thesis may have been removed for copyright restrictions prior to having it been deposited in Explore Bristol Research. However, if you have discovered material within the thesis that you consider to be unlawful e.g. breaches of copyright (either yours or that of a third party) or any other law, including but not limited to those relating to patent, trademark, confidentiality, data protection, obscenity, defamation, libel, then please contact [email protected] and include the following information in your message: •Your contact details •Bibliographic details for the item, including a URL •An outline nature of the complaint Your claim will be investigated and, where appropriate, the item in question will be removed from public view as soon as possible. Volume 2 vnT. iyyi 2 CONTENTS Page: FOOTNOTES: INTRODUCTION CHAPTER ONE CHAPTER TWO CHAPTER THREE
    [Show full text]
  • An Historical Review of Mental Health Legislation Chapter 2
    PART I THE STRUCTURE OF THE MENTAL HEALTH SERVICES Chapter 1: An Historical Review of Mental Health Legislation Chapter 2; The Organisation of the National Health Service Chapter 3: Hospital and Special Hospital Services Chapter 4: Local Authority Services Chapter 5: Independent Sector Care and Treatment Chapter 1 AN HISTORICAL REVIEW OF MENTAL HEALTH LEGISLATION A. EARLY HISTORY B. PRINCIPLES OF 1.01 Introduction CONTEMPORARY LEGISLATION 1 02 The Poor Insane ^ Royal Commission leading to the Mental Health Act 1959 1.03 Criminal Insanity . ^ ^ ,1.04„ . ^County Asylums .for Pauperso and, 1.09 The^ Process of Reform of the 1959 Criminals \.051 nr -r,The Non-PauperXT n InsaneT 1 1^ TheHuman Europeaii Rights Convention of 1.06 The Advent of Legalism ^ ,j (Amendment) 1.07 Mental Deficiency Legislation jgg2 1.12 The Mental Health Act 1983 A. EARLY HISTORY 1.01 Introduction The early history of the law relating to mental disorder in England and Wales can be examined according to the different means by which the insane were confined: the poor laws, the vagrancy laws, the criminal laws and the laws regulating private madhouses and subscription hospi tals such as Bethlem. This chapter is not intended to be comprehensive but is included to give a perspective into how contemporary mental health legislation has developed.' 1.02 The Poor Insane 1.02.1 The Pauper Liawtic The Poor Relief Act 1601 (43 Eliz. c. 2) provided for the naming of unpaid churchwardens and others to be overseers of the I For a more detailed aecount of the legal and social history see K.
    [Show full text]
  • Mental Health Act, 1959 7 & 8 ELIZ
    Mental Health Act, 1959 7 & 8 ELIZ. 2 CH. 72 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Repeal of Lunacy and Mental Treatment Acts and Mental Deficiency Acts. 2. Dissolution of Board of Control. 3. Mental Health Review Tribunals. 4. Definition and classification of mental disorder. 5. Informal admission of patients. PART II LocAL AUTHORITY SERVICES General provisions 6. Functions of local health authorities. 7. Conduct of premises of local health authorities. 8. Functions of welfare authorities. 9. Functions of children authorities. 10. Welfare of certain hospital patients. Provision for care and training of children in lieu of education 11. Examination and classification under Education Act, 1944. 12. Power to compel attendance at training centres, 13. Provisions as to regular attendance for training. PART III MENTAL NURSING HOMES, RESIDENTIAL HOMES, ETC. Nursing Homes 14. Registration of nursing homes under Public Health Act. 15. Special provisions as to registration of nursing homes. 16. Conduct of mental nursing homes. 17. Inspection of mental nursing homes and visiting of patients. 18. Continuance of special registration on cancellation or death. A CH. 72 Mental Health Act, 1959 7 & 8 ELIZ. 2 Residential Homes Section 19. Registration of residential homes under National Assistance Act, 1948. 20. Special provisions as to registration of residential homes. 21. Records and inspection of residential homes. Miscellaneous 22. Powers of entry and inspection of other premises. 23. Prosecution of offences. 24. Application to London. PART IV COMPULSORY ADMISSION TO HOSPITAL AND GUARDIANSHIP Procedure for hospital admission 25. Admission for observation. 26. Admission for treatment. 27. General provisions as to applications.
    [Show full text]