DOCSLIB.ORG

Journal of Mental Health Law

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

ISSN 1466-2817 Journal of Mental Health Law Articles and Comment The Mental Health Act 2007 – The Defeat of an Ideal Community Treatment Orders Deprivations of Liberty: Mental Health Act or Mental Capacity Act? Children and Young People and the Mental Health Act 2007 Mental health, community care and human rights in Europe: Still an incomplete picture? Mental Health in the Workplace (2) – Mental Health and Discrimination in Employment Casenotes Human Rights and the Provision of Residential Care under the National Assistance Act 1948 The Re-call of Conditionally Discharged Patients – the breadth of the Secretary of State’s discretion Protection from what? The nullifying effect of section 139 Hello Doli? … or is it Goodbye? Book Reviews The Nearest Relative Handbook by David Hewitt Psychiatry and the Law, edited by Warren Brookbanks and Sandy Simpson Mental Health, Incapacity and the Law in Scotland by Hilary Patrick November 2007 pages 127–255 Journal of Mental Health Law November 2007 Edition No. 16. Pages 127–255 Editorial Board John Horne (Editor) Northumbria University Richard Jones Solicitor, Morgan Cole, Cardiff Professor Peter Bartlett Nottingham University Mat Kinton (Assistant Editor) William Bingley Mental Health Act Commission Christina Bond Northumbria University Edward Myers Solicitor, Barratts, Nottingham Anselm Eldergill Solicitors Chambers, London Professor Jill Peay London School of Economics Charlotte Emmett Northumbria University Professor Genevra Richardson King’s College, London Professor Phil Fennell Cardiff Law School David Sheppard Institute of Mental Health Law Simon Foster Solicitor, London Lucy Scott-Moncrieff Solicitor, Scott-Moncrieff, Professor Michael Gunn Derby University Harbour and Sinclair, London Dr David Hewitt (Assistant Editor) Dr George Szmukler Solicitor, Hempsons, Manchester Institute of Psychiatry, King’s College, London Dr Martin Humphreys University of Birmingham Notes for contributors must conform to the standards set forth in a Uniform System of Citation, published by Harvard Law Review Association. The Material intended for publication should be sent to the Editor, John publishers are unable to check the accuracy of references and the Horne, School of Law, Northumbria University, Sutherland onus of the accuracy falls on the author. Building, Northumberland Road, Newcastle upon Tyne, NE1 8ST, United Kingdom or e-mailed to [email protected]. Copyright The Editor encourages the submission of articles, case reviews and It is the responsibility of the author to obtain any permission comments on topics of interest in the area of Mental Health Law. necessary to reproduce or quote from published work and suitable When submitting manuscripts for publication, it would be helpful if acknowledgment should always be made. authors could observe the following suggestions: Yearly subscription rates (2 issues) Form of manuscript £65 Organisations Contributions should be typed with double spacing throughout on £40 Individuals one side of uniform size paper (preferably A4 size) with at least a one Please contact Ann Conway: 0191 243 7593 inch margin on all sides. Manuscripts should be submitted in E-mail [email protected] triplicate and pages should be numbered consecutively. Submissions The views expressed by contributing authors are not necessarily on disc will be accepted where they are of Word 6 format. In such those of the Journal of Mental Health Law. cases a hard copy should also be submitted. Articles should be a maximum of 5,000 words. Longer articles will be considered at the © Copyright Northumbria University 2007. Editor’s discretion. A cover page should be included, detailing the No part of this publication may be reproduced in any form or by any title, the number of words, the author’s name and address and a means, or stored in any retrieval system of any nature without prior short biographical statement about the author. written permission, except for fair dealing under the Copyright, All papers submitted to the Journal of Mental Health Law are refereed Designs and Patents Act 1988, or in accordance with the terms of a and copies will not be returned except by request and unless a postage paid licence issued by the Copyright Licensing Agency in respect of envelope is provided by the author. photocopying and/or reprographic reproduction. Application for permission for other use of copyright material including permission Footnotes and references to reproduce extracts in other published works shall be made to the Footnotes to sources should be numbered in one consecutive series publishers. Full acknowledgement of author, publisher and source of Arabic numerals and placed at the foot of the page. Footnote style must be given. Contents Contents Page Foreword ......................................................................................................................................................128 Articles and Comment The Mental Health Act 2007 – The Defeat of an Ideal Rowena Daw .....................................................................................................................................131 Community Treatment Orders Kris Gledhill ......................................................................................................................................149 Deprivations of Liberty: Mental Health Act or Mental Capacity Act? Richard Jones .....................................................................................................................................170 Children and Young People and the Mental Health Act 2007 Camilla Parker...................................................................................................................................174 Mental health, community care and human rights in Europe: Still an incomplete picture? Jill Stavert..........................................................................................................................................182 Mental Health in the Workplace (2) – Mental Health and Discrimination in Employment Kay Wheat.........................................................................................................................................194 Casenotes Human Rights and the Provision of Residential Care under the National Assistance Act 1948 Ralph Sandland..................................................................................................................................209 The Re-call of Conditionally Discharged Patients – the breadth of the Secretary of State’s discretion Roger Pezzani.....................................................................................................................................219 Protection from what? The nullifying effect of section 139 David Hewitt .....................................................................................................................................224 Hello, Doli? … or is it Goodbye? Natalie Wortley..................................................................................................................................234 Book Reviews The Nearest Relative Handbook by David Hewitt Robert Brown.....................................................................................................................................243 Psychiatry and the Law, edited by Warren Brookbanks and Sandy Simpson William Brereton .....................................................................................................................247 Mental Health, Incapacity and the Law in Scotland by Hilary Patrick John Horne ........................................................................................................................................252 127 Journal of Mental Health Law November 2007 Foreword In the Foreword to the May 2007 issue, I said of the perceived ‘stand-off’ between the House of Lords and the House of Commons in respect of the Mental Health Bill 2006, as follows: “It seems probable that parliamentary ping-pong between the two chambers will continue during the remainder of the parliamentary session, and the final form of the Bill is far from clear.” I was wrong. As readers will be well aware, the ‘ping-pong’ hardly materialised, and on 19th July 2007, the Mental Health Act 2007 (‘the 2007 Act’) received the Royal Assent. A process which had started with the appointment of the Expert Committee under Professor Genevra Richardson way back in October 19981, was finally concluded. The 2007 Act amends the Mental Health Act 1983 (‘MHA 1983’), the Mental Capacity Act 2005 (‘MCA 2005’) and the Domestic Violence, Crime and Victims Act 2004. It brings in very significant changes to legal provisions within the MHA 1983 for the compulsory detention, supervision and treatment of people suffering from mental disorders. The substantial amendment made to the MCA 2005 is intended to meet the concerns of the European Court of Human Rights in the ‘Bournewood’ case, H.L. v U.K.2. For those engaged in the mental health field, be it as lawyers, doctors, nurses, social workers or in some other professional role, or as service users, carers or family members, there is a great deal to take on board before most of these provisions are implemented on the intended date of October 20083. Much of the contents of this issue of the JMHL will hopefully assist readers who need to get to grips with the changes ahead. Speaking of the Code of Practice to the MHA 1983, Lord Bingham in Munjaz4 said: “It is guidance, not instruction… but it is much more
Recommended publications
  • Changing Mental Health Legislation in the UK† Tony Zigmond

    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.
  • 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* 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.
  • Decision-Making Behaviour Under the Mental Health Act 1983 and Its Impact on Mental Health Tribunals: an English Perspective

    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.
  • Does Mental Health and Guardianship Legislation in Western Australia (WA

    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.
  • The Mental Health Act Code of Practice for Wales 2016

    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
  • Coercion and Consent O N M I O Topics Covered Include: Monitoring the Mental Health Act 2007–2009 M I S S

    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.
  • Restricting Movement Or Depriving Liberty? Restricting Movement Or Depriving Liberty? Neil Allen1

    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.

  • 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,
  • A SUMMARY of MENTAL HEALTH CASELAW Scott Blair, Advocate

    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.
  • 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

    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.
  • Modernising the Mental Health Act

    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......................................
  • Mental Health Act 2007: Workbook Hospital Managers

    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