scholarly journals Mental health, mental capacity, ethics, and the law in the context of COVID-19 (coronavirus)

2020 ◽  
Vol 73 ◽  
pp. 101632
Author(s):  
Brendan D. Kelly ◽  
Eric Drogin ◽  
Bernadette McSherry ◽  
Mary Donnelly
Keyword(s):  
Mental Health ◽  
Mental Capacity ◽  
The Law

The law relating to mental capacity and mental health

2013 ◽  
Author(s):  
Kay Wheat
Keyword(s):  
Mental Health ◽  
Mental Disorder ◽  
Health Care Professionals ◽  
Well Being ◽  
Mental Capacity ◽  
Best Interests ◽  
Decision Making Capacity ◽  
Mental Capacity Act 2005 ◽  
The Law ◽  
Mental Capacity Act

This chapter will examine two key areas of law relating to medical treatment and care of those with mental disorder. The question of decision-making capacity is important for health care professionals, and other carers and agents dealing with older people. The law relating to this is covered by the Mental Capacity Act 2005 supplemented by previous case law where this is still relevant, and the key aspect of the law is the ability to treat people without capacity in their best interests. However, in the case of some patients, it may be necessary to use the Mental Health Act 1983. This legislation is focussed, not on the capacity of the patient, but upon the effect that a mental disorder can have upon the patient risking damage to their own well-being, or to the well-being of others. The relationship between the two areas is not always clear.

scholarly journals A new legislative framework for mental capacity and mental health legislation in Northern Ireland: an analysis of the current proposals

2014 ◽  
pp. 84
Author(s):  
Maura McCallion ◽  
Ursula O'Hare
Keyword(s):  
Mental Health ◽  
Northern Ireland ◽  
Mental Capacity ◽  
Law Reform ◽  
Health Law ◽  
Mental Health Legislation ◽  
Legislative Framework ◽  
The Law ◽  
The Uk ◽  
Health Legislation

<p>When the Bamford Review of Mental Health and Learning Disability completed its work in the autumn of 2007, it drew to a close an extensive consultation and analysis of mental health and learning disability services and the law in Northern Ireland. Its last report on A Comprehensive Legislative Framework made<br />a compelling case for a major overhaul of the law that the Review team itself described as ‘quite radical’. The Review identified the case for reform in the need to ensure that mental health law conforms to the requirements of human rights law, reflects changes to professional practice, reflects the needs of service<br />users and their carers, and keeps pace with reform elsewhere in the UK. Alone of all the jurisdictions in the UK, Northern Ireland has been operating largely in a legislative vacuum in relation to mental capacity law. The Review’s proposals for reform therefore extended to reform of mental health law and the introduction of mental capacity law.</p><p>In the autumn of 2008 the NI Executive published its response to the Bamford Review indicating that it intended to develop the law sequentially: reform of the Mental Health (NI) Order 1986 by 2011 followed by the introduction of mental capacity law in 2014. Responses to the Executive’s consultation resulted in<br />the Department of Health Social Services and Public Safety (DHSSPS) revising its approach and it signalled its intention to bring forward mental capacity and mental health legislation together. This reated a unique opportunity in Northern Ireland for fusion of incapacity and mental health legislation. A further consultation paper was issued in January 2009, setting out the key approaches to the content<br />of two bills. However as a result of the consultation, the Health Minister Michael McGimpsey announced in September 2009 that there would be a single bill with an overall principle of autonomy. His press statement noted: “ A strong body of opinion, particularly from professional groups and lead voluntary organisations, which considered that separate mental health legislation continues to be stigmatising and recommended that mental capacity and mental health provisions should instead be encompassed into a single piece of legislation”</p><p>This short paper provides an overview of the current direction of travel on law reform in Northern Ireland. It comments on the policy climate and arguments for a fusion of mental capacity and mental health legislation. It also highlights some of the key policy issues that will need to be further explored as the Department develops its law reform proposals and concludes with some hopes and fears for the new legislation.</p>

Depression and Civil Liability

2017 ◽  
Author(s):  
Charles Foster
Keyword(s):  
Mental Health ◽  
Civil Liability ◽  
Civil Procedure ◽  
Mental Capacity ◽  
England And Wales ◽  
Mental Capacity Act 2005 ◽  
Depressed Person ◽  
The Law ◽  
Mental Capacity Act

This chapter discusses the law in England and Wales relating to civil liability where people with depression are parties to litigation. It begins by considering how depression can truncate one’s capacity to conduct litigation. Where it does, and the person consequently ‘lacks capacity to conduct the proceedings’, litigation either for or against the depressed person has to be conducted through a ‘litigation friend’. No step in the litigation can occur unless a litigation friend has been appointed. In the Civil Procedure Rules, the term ‘lacks capacity’ is defined by reference to the Mental Capacity Act 2005. The chapter also examines the relevance of the mental health of parties to the litigation in a wide variety of claims, along with litigation against depressed people or in relation to damage caused by depressed people.

The law relating to mental capacity and mental health

2020 ◽  
pp. 907-916
Author(s):  
Kay Wheat
Keyword(s):  
Mental Health ◽  
Mental Disorder ◽  
Health Care Professionals ◽  
Mental Capacity ◽  
Best Interests ◽  
Decision Making Capacity ◽  
Mental Capacity Act 2005 ◽  
The Law ◽  
Mental Capacity Act ◽  
The Relationship

This chapter examines two key areas of law relating to medical treatment and care of those with mental disorder. The question of decision-making capacity is important for health care professionals, as well as other carers and agents dealing with older people. The law relating to this is covered by the Mental Capacity Act 2005 supplemented by previous case law where this is still relevant, and the key aspect of the law is the ability to treat people without capacity in their best interests. However, in the case of some patients, it may be necessary to use the Mental Health Act 1983. This legislation is focused, not on the capacity of the patient, but upon the effect that a mental disorder can have upon the patient risking damage to their own wellbeing, or to the wellbeing of others. The relationship between the two areas is not always clear.

Is childhood a disability? Using Mental Capacity Tribunals and the Deprivation of Liberty Safeguards to shield children's capacity to consent to and refuse medical treatment

2014 ◽  
Vol 19 (2) ◽  
pp. 96-106 ◽  
Author(s):  
Robin Mackenzie ◽  
John Watts
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Medical Treatment ◽  
Mental Health Treatment ◽  
Mental Capacity ◽  
Best Interests ◽  
Legal Analysis ◽  
Content Type ◽  
Decision Making Capacity ◽  
The Law

Purpose – The purpose of this paper is to demonstrate that the common and statutory law governing children's capacity or competence to consent to and to refuse medical treatment is unsatisfactory and to suggest solutions. Design/methodology/approach – Critical legal analysis of the law on assessing minors’ decision-making capacity in relation to legal recognition of their consent to and refusal of medical treatment. Findings – Without legal mechanisms which protect both children and their rights, all children and young people are effectively disabled from exercising age and capacity-related autonomy and participation in decisions affecting their lives. Yet in English law, inconsistencies between legal and clinical measures of decision-making capacity, situations where compulsory medical or mental health treatment is lawful, and tensions between rights and duties associated with human rights, autonomy, best interests and protections for the vulnerable create difficulties for clinicians, lawyers and patients. Research limitations/implications – As the paper acknowledges in its recommendations, the views of stakeholders are needed to enrich and inform legal reforms in this area. Originality/value – The paper makes suggestions to amend the law and clinical practice which are original and far reaching. The paper suggests that in order to observe children's rights while protecting them appropriately, the Mental Capacity Act 2005 and Deprivations of Liberty Safeguards should be applied to minors. The paper recommends the establishment of Mental Capacity Tribunals, similar in nature and purpose to Mental Health Tribunals, to provide legal safeguards and mechanisms to foster the supported decision-making envisaged in recent United Nations Conventions.

scholarly journals Foreword

2014 ◽  
Vol 1 (11) ◽  
pp. 99
Author(s):  
Charlotte Emmett
Keyword(s):  
Mental Health ◽  
Health Care ◽  
Mental Health Care ◽  
Mental Capacity ◽  
Draft Code ◽  
Code Of Practice ◽  
The Future ◽  
Parliamentary Committee ◽  
The Law

<p align="LEFT">Nobody who works in or writes about this area of the law can fail to acknowledge that we are experiencing a period of explosive change. Since the last issue of the Journal we have seen the publication of two new draft Bills, which together promise to change the shape of mental health care and services in the future. On 18th June 2004, the Mental Capacity Bill was published, reflecting many of the recommendations made by the Joint Parliamentary Scrutiny Committee appointed last summer to consider the Mental Incapacity Bill 2003. More recently, on the 8th September, the new Mental Health Bill 2004 was finally published, and will also be subjected to pre-legislative scrutiny by an expert parliamentary committee which is due to report its findings by March 2005. Finally, this very week, the draft Code of Practice for the Mental Capacity Bill 2004 was announced by the Department of Constitutional Affairs.</p>

Mental Health and the Law

2014 ◽  
Author(s):  
Paula Murphy ◽  
Tim Exworthy
Keyword(s):  
Mental Health ◽  
Mental Capacity ◽  
Mental Health Practitioners ◽  
Health Law ◽  
Mental Health Law ◽  
Mentally Disordered ◽  
Codes Of Practice ◽  
Health Practitioners ◽  
The Law ◽  
Mental Capacity Act

Mental health law is concerned with the legislation governing the man­agement and treatment of people with a mental disorder. It includes the detention and treatment of patients and covers consent to treatment, mental capacity, deprivation of liberty, human rights, and ethical issues. The law is necessary to safeguard the interests of the patients and also to protect the public from potentially serious harm from a mentally disordered offender. It is crucial that mental health practitioners under­stand the relevant legislation to ensure that they are practising within the realms of the law and also so that they can offer help and advice to patients and carers if required to do so. Mental health legislation is constantly evolving and there are always challenges and changes to existing legislation, so practitioners need to keep up to date with new statutory legislation and case law. An example of this is the Mental Health Act (MHA) 1983, which was amended by the MHA 2007, and amended again by the Health and Social Care Act 2012. In addition, the Mental Capacity Act 2005 was a new statute which came into force in 2007, alongside Deprivation of Liberty Safeguards. There are Codes of Practice for the MHA, the Mental Capacity Act, and the Deprivation of Liberty Safeguards. These provide supplemen­tary guidance on good practice. Mental health practitioners need to take account of the Codes of Practice in their work. Mental health law can be a complex and challenging area, even for the most knowledgeable and experienced practitioners. Most organizations will have an MHA administrator and/or a legal advisor who can provide advice and guidance in matters of uncertainty.

The Law and the Mental Health Professional

1984 ◽  
Vol 29 (9) ◽  
pp. 701-702
Author(s):  
R. Matthew Reese ◽  
Jan B. Sheldon
Keyword(s):  
Mental Health ◽  
Health Professional ◽  
Mental Health Professional ◽  
The Law

Introduction

2018 ◽  
Author(s):  
Ronnie Mackay ◽  
Warren Brookbanks
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
Essential Elements ◽  
Mental Capacity ◽  
Fundamental Parameters ◽  
The Law

Fitness to plead is an area of growing importance in most Western jurisdictions. It challenges the justification for criminalisation wherever a person’s mental capacity calls into question their ability to participate meaningfully in a trial. However, the doctrine has proven difficult to apply in practice, with many legislative models represented across the jurisdictions. How best to formulate rules for the fair trial of those with mental or physical incapacity and how to manage the issue of disposition following a finding of unfitness is a challenge in most countries. These and other issues are explored in this book through the insights of domestic and international scholars who are familiar with the law around unfitness to stand trial. This chapter broadly describes the fundamental parameters and human rights aspects of the fitness-to-plead doctrine, and concludes with a brief account of the essential elements of each chapter.

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