DOCSLIB.ORG

Compiled by Linda English

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Compiled by Linda English Cambridge University Press 978-1-909-72651-2 — Mental Illness, Human Rights and the Law Brendan D. Kelly Index More Information Index Compiled by Linda English admission order 17 Bentham, Jeremy 4, 6 Adults with Incapacity (Scotland) Act 2000 best interests 16, 18, 45, 57 72, 93–94 Mental Capacity Bill 2015 69–70, 74, 75, advance statements: Scotland 150, 152, 79, 86, 97, 100, 204, 215 153–155, 166 Mental Health Act 2001 120–121, 122, advocacy 123, 130, 131 ECHR 20 Mental Health (Care and Treatment) Mental Capacity Bill 2015 85–86, 98 (Scotland) Act 2003 145–146, 147–148 Mental Health Act 2007 57–58, 60, 86, Better Services for the Mentally Ill (White Paper) 199 36 Mental Health (Care and Treatment) Bill of Rights 1689: English 3–4 (Scotland) Act 2003 135, 139, 149, 155 Bill of Rights 1791: US 4 power 190, 194–195, 196, 199 Burke, Edmund 5, 6 social advocacy 214 alcohol or drugs addiction 16, 37, 48, 94–95, Cairo Declaration on Human Rights in Islam 109 11 Aristotle 2 capacity see mental capacity Ashworth Hospital 42–43 Care in the Community (DHSS) 36 Assisted Decision-Making (Capacity) Bill Chartism 5 2013 31, 70, 72, 73, 93–94, 95–96 China 192–193, 194, 198 asylums 7–8, 13, 35, 104, 181 chlorpromazine 13 asylum seekers 178 Cicero: natural law 3, 4 autonomy 211 civil partners: nearest relative 52, 59 dignity and 38, 57, 58, 61, 102, 150 Civil Partnership Act 2004 52 Ireland 122, 129, 130, 206, 207 clinical practice: rights promotion 211, Mental Health Act 2007 52–53, 56, 57, 58, 212–213 61 Clunis, Christopher 40 Northern Ireland 64, 65, 67, 97 community care 13–14, 19, 36, 181 Richardson Committee 40, 45–46, 47, 56 community treatment orders 17, 39, 51, Scotland 156–157 53–55, 59–60, 101, 103, 143 Competency Assessment Tool for Voting Ballinasloe Asylum (Ireland) 7 (CAT-V) 196 Bamford Review of Mental Health and Confucius 2 Learning Disability 63–67 conscientious objection: right to 11 A Comprehensive Legislative Framework 63 consent 37–38, 40, 65, 111, 145, 148, 206 Hague Convention on the International Constitution of Ireland (Bunreacht na Protection of Adults 2000 64 hÉireann) 24, 25, 27, 105, 129 Mental Capacity Bill 2015 and 67, 98–99, Convention on the Rights of Persons with 102, 103 Disabilities (CRPD) see UN Convention Mental Health (Northern Ireland) Order on the Rights of Persons with Disabilities 1986 64 (CRPD) Review Group 64–65, 103 Council of Europe 14–15, 21, 22, 23, 46, Royal College of Psychiatrists 65–67 47, 62 244 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-909-72651-2 — Mental Illness, Human Rights and the Law Brendan D. Kelly Index More Information INDEX see also European Convention on Human Mental Health (Amendment) Act 1982 20 Rights (ECHR) overall assessment 58–62 Criminal Lunatics (Ireland) Act 1838 8 Richardson Committee 40–41, 45–46, 47, Criminal Procedure (Scotland) Act 1995 56, 170, 206 146, 147, 150, 162 WHO standards 28–29, 32–33, 203–204 critical psychiatry 197 see also Mental Health Act 1983; Mental Cyrus the Great 2 Health Act 2007 Enlightenment 3–4 dangerousness 18, 47 equality 5, 6, 10 Declaration of the Rights of Man and of the ethnicity: rates of detention 46 Citizen 1789 (French National Constituent European Convention on Human Rights Act Assembly) 5 2003 1, 20, 24–28, 32, 116, 202 Declaration of the Rights of Woman and of European Convention on Human Rights the Citizen (Olympe de Gouges) 5 (ECHR) 1, 14–22, 32, 62, 171, 201, dementia praecox (schizophrenia) 13 203, 211 De Praerogativa Regis 35 Article 2(1): 45 dignity 4–5, 64, 200, 202, 211–216 Article 3: 18 autonomy and 38, 57, 58, 61, 102, 150 Article 5(1): 16, 17, 18, 19, 42, 43, 50, 51, Charter of Fundamental Rights of the EU 58–59 21 Article 5(4): 19, 20, 38–39, 44–45 CRPD 29–30, 33–34, 107, 171 Article 8: 18–19, 21, 42–43, 45, 52, 59, day-to-day clinical practice 212–213 150, 152, 156, 203 international activism 214–216 conditions while detained 18–19 Ireland 215 Convention 14–16 Mental Health Act 2007 57, 58, 59–60, 62 Council of Europe 1, 14–15 mental health service management 213–214 European Court of Human Rights 15, natural law 3 16–17, 18, 19–20, 22–23, 43, 106–107, Richardson Committee 45–46, 47 113, 116, 195–196 seclusion 43 European Union and 20–22 social engagement 214 Human Rights Act 1998 and 16, 20, UDHR 9–10 22–23, 24, 32, 45, 55, 202 disability: CRPD deinition 30–31 involuntary detention 16–18 Disability Rights UK 199 Ireland and 26–28, 106–107, 113, 116, discharge 202 European Court of Human Rights 54–55 problems 15–16 see also mental health tribunals review of involuntary detention 19–20 Domestic Violence, Crime and Victims Act European Union 20–22, 62 2004 47 Charter of Fundamental Rights of EU 21–22 European Court of Justice 20–21, 22 electroconvulsive therapy (ECT) 13, 46, 111 evidence-based mental healthcare 212–213 Mental Health Act 2007 55–56, 60, 203–204 forensic psychiatry Mental Health (Care and Treatment) patients 19–20, 42–44, 100 (Scotland) Act 2003 146, 148–149 schizophrenia and imprisonment 180–183, Northern Ireland 65, 76 189 emergency capacity assessments 100, 205 French Revolution 1789–1799 5 emergency detention 18, 137–138, 143, fusion law 100–102, 205 151–152, 163–164, 207–208 FW v Dept. of Psychiatry James Connolly Memorial emergency treatment 29, 32–33, 54, 56, 60, Hospital 121 75, 85, 125–126, 203–204 employment: schizophrenia 173–174, 184 global inequality/global health inequality England and Wales 35–62, 174 191, 214–215 CRPD 31, 62 guardianship 37, 38, 51, 65 Mental Capacity Act 2005 31, 47, 69, 70, 72, 73, 92–93, 95–96, 213 Habeas Corpus Act 1679 3 Mental Health Act 1959 20, 36 Hague Convention on the International Mental Health Act 1983 (Remedial) Order Protection of Adults 2000 64, 67–68 2001 42 Hammurabi’s Code 3 245 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-909-72651-2 — Mental Illness, Human Rights and the Law Brendan D. Kelly Index More Information INDEX HIV/AIDS in Haiti 172–173, 178 Irish Human Rights and Equality HL v UK (Bournewood) [2004] 16, 19, 118 Commission 26 Hobbes, Thomas 3 Irish Supreme Court 105, 106 homelessness: schizophrenia 176–178, Mental Health: The Case for Reform 105–106 182–183, 184–185, 189 Mental Health Act 2008 118–120, 129, homicide 39–40, 107 206–207 hospital managers 57 Mental Health Bill 1999 106–107 hospital orders 20 mentally ill in the 19th century 6 human rights: background Mental Treatment Act 1945 13, 104–106, early 20th century 8–9 115–116, 128–129, 206 early philosophies 2–3 overall assessment 128–131 Enlightenment 3–4 Public Authorities Judicial Proceedings Act mental illness in 19th century and 6–8 1954 105 mental illness in 20th century and 12–14 voting rights 195–196 political context and implementation 12 WHO standards 28–29, 32–33, 202–203 political philosophy of individual rights 4–6 see also Mental Health Act 2001 secular 3–4 USA and France 4–6 JF v DPP 27 human rights: national legislative form 22–28 Laing, R. D. 197 Human Rights Act 1998 1, 22–24, 26–27, League of Nations 8, 9 41, 47, 59, 62, 194 liberty: deprivation of declarations of incompatibility with ECHR CRPD 31, 33, 62, 72, 97, 99, 138, 143, 23, 27, 41–42, 44 152, 203, 205 ECHR 16, 20, 22–23, 24, 32, 45, 55, 202 DoLS in England and Wales 103 Mental Health Act 1983 and 41 Mental Capacity Bill 2015 77–78, 79, 82, section 6(1) 45, 55 97, 99, 103, 205 Hutchison Reid v UK 116 Mental Health Act 2001 129–130, 131 Mental Health (Care and Treatment) independent advocates (Scotland) Act 2003 138, 143, 152 Mental Capacity Bill 2015 85–86, 98 liberty: right to 201, 202, 209 Mental Health Act 2007 57–58, 60, 86, Charter of Fundamental Rights of the EU 199 21 informal patients see voluntary patients ECHR 16, 42, 43, 44, 51, 58–59 insulin coma therapy 13 prisons 182 intellectual disability 16, 30, 44 UDHR 10 Bamford Review of Mental Health and life: right to 3, 45 Learning Disability 63–67 lobotomy 13 deinition 108 Locke, John 4 Mental Capacity Bill 2015 72, 97 Lovett, William 5 Mental Health Act 2001 108, 124 Mental Health Act 2007 41 McManus Review 132, 151–161, 162, interest groups 186, 187–189, 196–197, 210 166–168, 170, 208 international activism 214–216 Magna Carta (1215) 3 involuntary detention: ECHR 16–20 manic depression (bipolar affective disorder) Ireland 104–131, 168, 206–207 13 Assisted Decision-Making (Capacity) Bill medications 213 2013 31, 70, 72, 73, 93–94, 95–96 mental capacity 44–45, 58, 209 Constitution of Ireland (Bunreacht na CRPD 31 hÉireann) 1937 24, 25, 27–28, 105, 129 ECT 56 cost of mental health problems 174 Mental Health Act 2001 and voluntary dignity 215 patients 117–118 European Convention on Human Rights see also Mental Capacity Act 2005; Mental Act 2003 1, 20, 24–28, 31, 116, 202 Capacity Bill 2015 homelessness 177 Mental Capacity Act 2005 31, 47, 69, 70, 72, Human Rights Commission Act 2000 25 73, 92–93, 95–96, 213 indeinite detention 105, 206 Mental Capacity Bill 2015 1–2, 31, 63, Irish Human Rights Commission 25–26 67–103, 130, 204–206, 215 246 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-909-72651-2 — Mental Illness, Human Rights and the Law Brendan D.
Load more

Recommended publications
  • Changing Mental Health Legislation in the UK† Tony Zigmond
    Advances in Psychiatric Treatment (2008), vol. 14, 81–83 doi: 10.1192/apt.bp.107.005116 Editorial Changing mental health legislation in the UK† Tony Zigmond Abstract Following devolution, the mental health acts of the constituent countries of the UK are diverging in their provisions. This editorial describes three significant differences between the new Mental Health (Care and Treatment) (Scotland) Act 2003, which came into effect in Scotland in 2005, and the Mental Health Act 2007 for England and Wales. Devolution, in relation to mental health law, has It has been argued that we should not have come of age. The Mental Health (Care and Treat- any separate mental health legislation and that ment) (Scotland) Act 2003 is very different both the mental capacity legislation, with perhaps from its forerunner in Scotland and from the Men- some additional safeguards, should be the basis tal Health Act 1983 for England and Wales, even as for all non-consensual treatment (Zigmond, 1998; amended by the Mental Health Act 2007. Should Szmukler & Holloway, 1998). The proposals for the report of the Bamford Review of the legislative Northern Ireland are in line with this approach. The framework in Northern Ireland (Bamford Review of College in England and Wales took the view, as had Mental Health and Learning Disability (NI), 2007) already been accepted in Scotland, that the criteria be accepted and turned into a mental health act then for determining capacity as set out in the Mental we will have a third, very distinct, piece of mental Capacity Act 2005 are too narrow for use with people health law with in the UK.
    [Show full text]
  • THE RIGHTS and WRONGS of the PSYCHOPATH in CRIMINAL LAW: HOW MODERN SCIENCE MUST RESHAPE OLD POLICY. © Jasmine Nicolson* INTROD
    THE RIGHTS AND WRONGS OF THE PSYCHOPATH IN CRIMINAL LAW: HOW MODERN SCIENCE MUST RESHAPE OLD POLICY. © Jasmine Nicolson* INTRODUCTION Psychopaths have long been enshrined in both popular culture and in law as the face of evil and danger;1 their classic characteristics of callousness, impulsivity, and remorselessness have helped to cement the conceptual link between psychopathy and violent crime.2 Psychiatrists from the 19th century, with all the equipment they had available at the time, made sweeping generalisations about the nature of the disorder. Pinel described patients who appeared without delusions or psychosis, as mentally unimpaired but engaged in impulsive acts of ‘instincte fureur’.3 Prichard built upon this definition to develop the concept of ‘moral insanity’. This term has evolved since its original intent – coming from the original French, ‘moral’ was taken to mean ‘emotional’ rather than ethical – and so the original ‘moral insanity’ was a ‘madness’ of emotional disposition and social ability, but without hallucinations or delusions.4 The concept has since evolved to include a lack of comprehension and appreciation of ethics and morality,5 but ultimately the M’Naghten rules in 1842 forged the legal defence of insanity, which required a clear presence of delusion, rather than a mere lack of morality.6 Both jurisdictions of England and Scotland have since built upon this to include an inability to 1 Cary Federman, Dave Holmes, and Jean Daniel Jacob, "Deconstructing the Psychopath: A Critical Discursive Analysis," Cultural Critique 72, no. 1 (2009). 2 Eric Silver, Edward P. Mulvey, and John Monahan, "Assessing Violence Risk among Discharged Psychiatric Patients: Toward an Ecological Approach," Law and Human Behavior 23, no.
    [Show full text]
  • Decision-Making Behaviour Under the Mental Health Act 1983 and Its Impact on Mental Health Tribunals: an English Perspective
    laws Article Decision-Making Behaviour under the Mental Health Act 1983 and Its Impact on Mental Health Tribunals: An English Perspective Nicola Glover-Thomas ID School of Law, University of Manchester, Manchester M13 9PL, UK; [email protected] Received: 21 February 2018; Accepted: 20 March 2018; Published: 24 March 2018 Abstract: In England and Wales, the Mental Health Act 1983 (MHA 1983) provides the legal framework which governs decisions made concerning the care and treatment of those suffering from mental disorders, where they may pose a risk to themselves or others. The perspective of the patient and the care provider may conflict and can be a source of tension and challenge within mental health law. Through access to a mental health tribunal, patients are offered the apparatus to review and challenge their detention. With detention rates under the mental health legislation rising exponentially, this is having a knock-on effect upon tribunal application numbers. As there is a legal requirement to review all cases of individuals detained under the MHA 1983, understanding the key drivers for this increase in detention is essential in order to understand how to better manage both detention rates and the upsurge in tribunal caseloads. With the increase in overall activity, mental health tribunal workloads present significant practical challenges and has downstream cost implications. Keywords: detention; caseload; mental health tribunal; Mental Health Act 1983; decision-making; risk; costs 1. Introduction Mental illness costs the UK economy £100 billion a year (Johnson 2016; McCrone et al. 2008). In 2012, the Her Majesty’s (HM) Government spent £126 billion on health (HM Treasury 2011, p.
    [Show full text]
  • Does Mental Health and Guardianship Legislation in Western Australia (WA
    Does mental health and guardianship legislation in Western Australia (WA) protect elderly persons from human rights abuse, and ensure procedural and substantive justice? Neville Francis Hills The University of Western Australia This thesis is presented for the degree of Doctor of Philosophy of The University of Western Australia The work presented in this thesis was performed in the Law School 2016 Thesis: Doctor of Philosophy – Mental Health Law Declaration This is to certify that this thesis does not incorporate, without acknowledgement, any material previously submitted for a degree or diploma from any university and that, to the best of my knowledge and belief, does not contain any material previously published or written by another person except where due reference is made in the text. Signed Name Neville Francis Hills Date December 1, 2016 i Thesis: Doctor of Philosophy – Mental Health Law Abstract This thesis addresses matters affecting the liberty, rights and welfare of older people in Western Australia (WA). Restriction of personal liberty to choose where to live, and who to associate with, is usually only permitted under criminal law, following legal processes. Mental health legislation also permits restraints on freedom of individuals, subject to legal oversight of the process. Admission into an aged care facility may restrict a person’s liberty, if placed in a locked area which they cannot leave without staff assistance. Laws regulating these procedures should be fair, open to scrutiny, and meeting international standards of law and good practice. In 2015 there were 16,350 Commonwealth funded aged care beds in 263 facilities in WA.
    [Show full text]
  • The Mental Health Act Code of Practice for Wales 2016
    Mental Health Act 1983 Code of Practice for Wales Review Revised 2016 Mae’r ddogfen yma hefyd ar gael yn Gymraeg. This document is also available in Welsh. © Crown copyright 2016 WG29375 Digital ISBN 978-1-4734-7176-4 Print ISBN 978-1-4734-7177-1 Contents Foreword by the Cabinet Secretary for Health, Well-being and Sport 1 Introduction 3 1 Guiding Principles 8 2 Definition of mental disorder 13 3 Human rights and reducing inequalities 15 4 Information for patients, nearest relatives, families, carers and others 17 5 Nearest relative 25 6 Independent mental health advocacy 30 7 Attorneys and deputies 40 8 Privacy, dignity and safety 42 9 Views expressed in advance 50 10 Confidentiality and information sharing 53 11 Visiting patients in hospital 57 12 The Mental Health Review Tribunal for Wales 61 13 Relationship between the Mental Health Act, the Mental Capacity Act and the Deprivation of Liberty Safeguards 67 14 Applications for detention in hospital 75 15 Emergency applications for detention 93 16 Police powers and places of safety 95 17 Transport of patients 105 18 Holding powers 111 19 Children and young people under the age of 18 116 20 People with learning disabilities or autistic spectrum disorder 128 21 People with personality disorders 135 22 Patients concerned with criminal proceedings 138 23 Appropriate medical treatment 153 24 Medical treatment 156 25 Treatments subject to special rules and procedures 168 26 Safe and therapeutic responses to challenging behaviour 183 27 Leave of absence 193 28 Absence without leave 199 29 Community
    [Show full text]
  • Coercion and Consent O N M I O Topics Covered Include: Monitoring the Mental Health Act 2007–2009 M I S S
    HEALT AL H T A N C E T . M In its thirteenth and final biennial report, the Mental Health Act Commission provides data and . C observations from its monitoring of the use of the Mental Health Act between 2007 and 2009. Coercion and consent O N M I O Topics covered include: monitoring the Mental Health Act 2007–2009 M I S S UÊÌ>Êw`}ÃÊÊÌ iÊÕÃiÊvÊiÜÊ«ÜiÀÃÊvÊ-Õ«iÀÛÃi`Ê ÕÌÞÊ/Ài>ÌiÌÊÊ UÊÌ iÊvÀVLiÊÌÀi>ÌiÌÊvÊ«>ÌiÌÃÊ`iÌ>i`ÊÕ`iÀÊÌ iÊiÌ>Êi>Ì ÊVÌÊ£nÎÊÊÊ consent and Coercion The Mental Health Act Commission UÊÌ iÊiÌ>Êi>Ì ÊVÌÊ>`ÊiÌ>ÞÊ`ÃÀ`iÀi`Êvvi`iÀÃÊ Thirteenth Biennial Report 2007–2009 UÊ`>Ì>ÊÊ`i>Ì ÃÊvÊ`iÌ>i`Ê«>ÌiÌÃÊLiÌÜiiÊÓääxÊ>`ÊÓään The report also highlights several areas for future research and monitoring, and draws these to the >ÌÌiÌÊvÊÌÃÊÃÕVViÃÃÀÊL`Þ]ÊÌ iÊ >ÀiÊ+Õ>ÌÞÊ ÃÃ°Ê monitoring the Mental Health Act 2007–2009 Act Health Mental the monitoring ÛiÀÊ«VÌÕÀiÊLÞÊ Àii]Ê>Ê«>ÌiÌÊÊÌ iÊ"/Ê`i«>ÀÌiÌÊvÊ-iÛiÀ>ÃÊëÌ>]Ê V iÃÌiÀ]Ê Ê£ÇÓ°Ê ÀiiÊ >`Ê >`ÊÌÜÊiÕVÌiÃÊÊÌ iÊ£xäÃ]Ê>ÌÊ>ÊÌiÊÜ iÊ iÀÊVÃÕÌ>ÌÊ «ÃÞV >ÌÀÃÌÊVÃ`iÀi`ÊLÀ>ÊÃÕÀ}iÀÞÊÌ iÊÌÀi>ÌiÌÊvÊV ViÊvÀÊÃV â« Ài>°Ê ISBN 978-0-11-322836-2 www.tso.co.uk 9 780113 228362 5991 MHAC Cover V0 3 indd 1 424987 Mental Health21/5/09 15:52:43 13th_C The Mental Health Act Commission Coercion and consent monitoring the Mental Health Act 2007–2009 MHAC Thirteenth Biennial Report 2007–2009 Presented to Parliament pursuant to Paragraph 13 of Schedule 4 to the Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009.
    [Show full text]
  • Restricting Movement Or Depriving Liberty? Restricting Movement Or Depriving Liberty? Neil Allen1
    Restricting Movement or Depriving Liberty? Restricting Movement or Depriving Liberty? Neil Allen1 “It is of course helpful to know that the question is one of degree and the matters which should be taken into account in answering it. But one also needs to be told what the question is. What is the criterion for deciding whether someone has been deprived of liberty or not?”2 This judicial appeal for clarity exposes a jurisprudential problem which threatens one of our most fundamental human values; the right to liberty. For no-one really knows what it means to be “deprived” of one’s “liberty”. The extremities are straightforward. Prisoners are deprived; picnickers are not. But liberty deprivations may “take numerous other forms [whose] variety is being increased by developments in legal standards and in attitudes”.3 Technology, too, has played its part in such developments by introducing novel ways of restricting movement beyond the paradigmatic lock and key. The more expansive those other forms, however, the greater the risk of legal uncertainty. The challenge in this paper is one of interpretation. Article 5 of the European Convention on Human Rights 1950 protects the “liberty and security of person” which is said to have a “Council of Europe-wide meaning”.4 But how should this autonomous concept be transposed into English law? Adopting Berlin’s classic dichotomy,5 does liberty relate to the absence of external barriers or constraints, where we enjoy it to the extent that no-one is preventing us from doing whatever we might want to do (negative liberty)? Or does it concern the presence of internal factors, where we enjoy liberty to the extent that we are able to take control of our lives and self-determine in our own interests (positive liberty)?6 These complex philosophical perspectives cannot be ignored and are, to varying degrees, protected by other Convention articles.7 But article 5 is not concerned with such broad notions of liberty because it contemplates liberty in its classic sense.
    [Show full text]
  • A SUMMARY of MENTAL HEALTH CASELAW Scott Blair, Advocate
    A SUMMARY OF MENTAL HEALTH CASELAW Scott Blair, Advocate BACKGROUND In December 2011 the Mental Heath Tribunal for Scotland (“MHTS”) published an excellent Digest of Cases covering the work of the MHTS until around the summer of 2011. The Digest was principally concerned with appeal decisions. Inspired by this I thought there might be merit in offering up a further contribution to this area. I have included cases decided since the Digest was published and have also included cases not mentioned in the Digest. For what they are worth I have offered my comments on these cases based on both my experience as an advocate in legal practice but also as a Convener of the MHTS. The MHTS has been with us for some time now and there is now a fair body of case law. This is my own contribution to a growing recognition of the need for collections of case law which are accessible and as up to date as possible in this field of Scots law. It is fair to say that the Scottish section of this paper would not have been possible but for the efforts of Valerie Mays at MHTS who led the way with the Digest which made my own task one where I was not starting from a “standing start”. The Scottish section follows a similar format to the Digest. That is deliberate. The approach taken in the Digest is excellent and makes the task of the reader an easy one. I acknowledge my profound debt to her for her earlier work. In the Scottish section, unless the context suggests otherwise, references to the Act, the 2003 Act or a Section are to be taken to be references to the Mental Health (Care and Treatment)(Scotland) Act 2003.
    [Show full text]
  • 00 MENTAL HEALTH 2012 Edn 00-291.Qxd 22/12/11 14:21 Page 1
    00 MENTAL HEALTH 2012 edn 00-291.qxd 22/12/11 14:21 Page 1 Chapter 1 Background to the Mental Health Act 2007 Introduction The Mental Health Act, as passed in 2007 and largely implemented in 2008, is the result of ten years of debate. Many will see the Act as a disappointing conclusion to such a lengthy period of discussion and analysis. It is essentially an amendment Act which reforms the existing Mental Health Act 1983. In its final version the Act is not a particularly radical reform and it preserves most of the existing law. The UK Government’s initial plans were more radical but they met significant resistance as we shall see in this chapter. We will also look at the main changes in summary form. The structure of this book This book is essentially concerned with the Mental Health Act 1983 as revised by the 2007 amendments and as it operates in England and Wales. There are some differences between the two countries in terms of the Act but more significantly with the various rules, regulations and Codes of Practice. We try to highlight the differences where they are significant. The text of the Act itself is included within this book but occasionally readers may need to access the internet or seek other source materials for particular references (such as the Reference Guide). The book contains some material on the Mental Capacity Act because of its relevance to mental health law. The aim is to simplify the law as far as possible to make it accessible to professionals and to those affected by the law.
    [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]
  • Mental Health Act 2007: Workbook Hospital Managers
    Mental Health Act 2007: Workbook Hospital Managers Hospital Managers Workbook Table of Contents Introduction ..................................................................................................................1 About this workbook................................................................................................1 How to use the workbook........................................................................................1 Module objectives ...................................................................................................2 Before you begin... ..................................................................................................3 The Mental Health Act 2007.......................................................................................10 Mental health legislation review ............................................................................10 Outline of the key changes to the Mental Health Act 1983....................................12 Mental Health Act 1983 Code of Practice for Wales .............................................14 The empowerment principles ................................................................................15 The equity principles .............................................................................................15 The effectiveness and efficiency principles ...........................................................15 What does all this mean for hospital managers?...................................................16 Discharge of
    [Show full text]
  • The Future of the Mental Health Act
    The future of the Mental Health Act Institute of Psychiatry, Psychology and Neuroscience, King’s College London Dr Gareth Owen The Policy Institute at King’s Alexandra Pollitt, Dr Benedict Wilkinson and Laura Jones Power of Numbers Ltd. Ross Pow May 2018 The Policy Institute at King’s i About the Policy Institute at King’s The Policy Institute at King’s College London addresses complex policy challenges with rigorous research, academic expertise, and analysis focused on improving outcomes. Our vision is to enable the translation of research into policy and practice by facilitating engagement between academic, business and policy communities around current and future issues in the UK and globally. kcl.ac.uk/sspp/policy-institute About Mental Health and Justice Mental Health and Justice is a Wellcome-funded collaborative research endeavour spanning psychiatry, law, ethics, neuroscience, social science/ public policy and service user involvement. The project takes an interdisciplinary approach to two fundamental duties: the duty to protect people in contexts where they can be vulnerable and the duty to respect their agency and autonomy. mhj.org.uk Acknowledgements We would like to thank the Mental Health and Justice academic management group for comments on an earlier draft of this briefing note; George Murkin for designing the document; and all of the participants in our policy labs for their time and insights. We are grateful to the Wellcome Trust for supporting this work. © Copyright 2018 The Policy Institute at King’s College London and Mental Health and Justice Front-cover image: Shutterstock/Cienpies Design Summary In October 2017, Prime Minister Theresa May The variety of factors to take into account and the announced an independent review of the Mental breadth of legitimate perspectives (patients and Health Act, chaired by Professor Sir Simon professionals, politicians and the public), mean that Wessely.
    [Show full text]