Removing people with intellectual disabilities and autism from the England and Wales Mental Health Act

2021 ◽  
Author(s):  
John L Taylor
Keyword(s):  
Mental Health ◽  
Intellectual Disabilities ◽  
England And Wales ◽  
Mental Health Act ◽  
People With Intellectual Disabilities

scholarly journals Rise in the use of section 136 of the Mental Health Act 1983 in England and Wales: A viewpoint on Loughran (2018)

2019 ◽  
Vol 60 (2) ◽  
pp. 140-146 ◽  
Author(s):  
Mark Cresswell
Keyword(s):  
Mental Health ◽  
Recent Work ◽  
Theoretical Perspective ◽  
Causal Analysis ◽  
England And Wales ◽  
Mental Health Act ◽  
The Law

This article provides a critical viewpoint on Loughran’s recent work in Medicine, Science and the Law on the causes of the rise in the police’s use of section 136 (s136) of the Mental Health Act 1983 (Loughran M. Detention under section 136: why is it increasing? Med Sci Law 2018; 58: 268–274). The rate of this rise seems significant: by 2014, it was five times more likely that a person in England would be detained in a hospital under s136 than it was in 2000, and the trend has continued to the present day. This viewpoint considers the significance of the s136 rise from the theoretical perspective of causal analysis.

R v Westwood (Thomas): diminished responsibility and disposals under the Mental Health Act 1983

2021 ◽  
Vol 72 (2) ◽  
Author(s):  
Sean Mennim
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
England And Wales ◽  
Mental Health Act ◽  
Court Of Appeal ◽  
Diminished Responsibility

This is a commentary on R v Westwood (Thomas), where the Court of Appeal of England and Wales held that the judge had erred in assessing Westwood’s ‘retained responsibility’ as medium to high under the Sentencing Council Guideline for manslaughter by reason of diminished responsibility. Although the sentencing judge concluded that the offending was caused by Westwood’s anger, the Court of Appeal found the psychiatric evidence clearly indicated that the most significant factor was Westwood’s mental illness and that his anger at the time of the offence was a manifestation of his mental illness. Westwood’s responsibility was low, and it was appropriate to impose both a hospital and restriction order.  

Assessment

2018 ◽  
pp. 79-112
Author(s):  
Owen Barr ◽  
Bob Gates
Keyword(s):  
Mental Health ◽  
Intellectual Disabilities ◽  
Nursing Care ◽  
Nursing Interventions ◽  
Physical And Mental Health ◽  
Nursing Assessment ◽  
The People ◽  
Social Abilities ◽  
People With Intellectual Disabilities ◽  
Pain Distress

It is a professional requirement of nursing regulators such as the Nursing and Midwifery Council and the Nursing and Midwifery Board of Ireland that all nursing interventions should be based upon, and underpinned by, an accurate and structured nursing assessment of a person’s physical, mental, and social abilities and needs. Nurses need to have an understanding of how to assess changes in a person’s physical and mental health, including their level of pain, distress, and ability to make informed decisions, and how this may fluctuate in different settings and across the lifespan. They also need to be alert to the risks of diagnostic overshadowing when undertaking assessments, from which they will plan nursing care in collaboration with the people with intellectual disabilities and their carer/carers.

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