scholarly journals Revising, reforming, reframing: Report of the Expert Group on the Review of the Mental Health Act 2001 (2015)

2015 ◽  
Vol 32 (2) ◽  
pp. 161-166 ◽  
Author(s):  
B. D. Kelly
Keyword(s):  
Mental Health ◽  
Best Interests ◽  
Expert Group ◽  
Bodily Integrity ◽  
Psychiatric Admission ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
Health Legislation ◽  
Community Facilities ◽  
Alternative Set

Involuntary psychiatric admission and treatment in Ireland is chiefly governed by the Mental Health Act 2001. The Irish government announced a review of the 2001 Act in July 2011, and the Report of the Expert Group on the Review of the Mental Health Act 2001 was published on 5 March 2015. The report, which constitutes advice to the Minister for Primary Care, Social Care (Disabilities & Older People) and Mental Health, presents 165 recommendations relating to virtually all areas of the Act. It recommends that ‘insofar as practicable, a rights based approach should be adopted throughout any revised mental health legislation’ and that the principle of ‘best interests’ should be replaced by an alternative set of principles as follows: ‘the enjoyment of the highest attainable standard of mental health, with the person’s own understanding of his or her mental health being given due respect; autonomy and self-determination; dignity (there should be a presumption that the patient is the person best placed to determine what promotes/compromises his or her own dignity); bodily integrity; and least restrictive care’. The Report presents a series of other recommendations aimed at increasing multi-disciplinary involvement in key decisions, promoting human rights and strengthening inspections of community facilities. Overall, the package of measures outlined in the Report is complex, interesting and worthy of debate.

scholarly journals Mental health legislation in Egypt

2012 ◽  
Vol 9 (3) ◽  
pp. 64-66 ◽  
Author(s):  
Nasser Loza ◽  
Mohamed El Nawawi
Keyword(s):  
Mental Health ◽  
Psychiatric Services ◽  
Code Of Practice ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
Recent Developments ◽  
History Of ◽  
Health Legislation

This paper first briefly reviews the history of psychiatric services in Egypt. It then details the legislation in place during the last years of the Mubarak regime and goes on to set out recent developments, in particular the Code of Practice introduced for the Mental Health Act of 2009.

Attitudes and experiences of nursing staff to the Mental Health Act 2001: lessons for future mental health legislation

2014 ◽  
Vol 31 (2) ◽  
pp. 83-87 ◽  
Author(s):  
A. M. Doherty ◽  
F. Jabbar ◽  
B. D. Kelly
Keyword(s):  
Mental Health ◽  
Nursing Staff ◽  
Cross Sectional Survey ◽  
Cross Sectional ◽  
Mental Health Act ◽  
Clinical Nursing ◽  
Mental Health Legislation ◽  
Paper Work ◽  
Health Legislation ◽  
The Impact

ObjectivesThe Mental Health Act 2001 was implemented in 2006 to bring Ireland into line with international practice and United Nations Conventions on Human Rights. Previous studies have reported some practical difficulties for the professionals involved. We wished to examine the experiences of nursing staff and the impact of the Act on clinical nursing practice since its implementation.MethodThis cross-sectional survey was conducted by questionnaire. It contained questions examining training in and attitudes to the Act, and any resultant changes in nursing practise.ResultsA total of 317 questionnaires were returned. Of the nurses, 92% reported having received training in the Act, and 56% of nursing staff believed that their workload had increased as a result of the change in legislation. Of those who made a comment, 76.5% were negative, with increased paper work, lack of clarity and an excessive focus on legalities being the most common difficulties reported.ConclusionsNursing staff have shown mixed attitudes to the Mental Health Act 2001, but many of the difficulties encountered are similar to those experienced by other professionals.

scholarly journals Ethnicity and outcome of appeal after detention under the Mental Health Act 1983

2009 ◽  
Vol 33 (8) ◽  
pp. 288-290 ◽  
Author(s):  
Ramin Nilforooshan ◽  
Rizkar Amin ◽  
James Warner
Keyword(s):  
Mental Health ◽  
Ethnic Groups ◽  
Ethnic Differences ◽  
Success Rates ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
Black Caribbean ◽  
Chi Squared ◽  
Health Legislation ◽  
The Relationship

Aims and MethodThere is insufficient research into the relationship between ethnicity and appeals against detention under mental health legislation. We sought to identify rates and success of appeals in different ethnic groups through a retrospective analysis of all detentions under the Mental Health Act 1983 over 1 year.ResultsWe found high rates of appeals overall, with substantial differences between ethnic groups (36 (39%) White British compared with 71 (63%) Black Caribbean (P = 0.0001) and 21 (68%) White Irish (P = 0.01) individuals (Yates corrected chi-squared)). Success rates on appeal were very low in all groups.Clinical ImplicationsThere are significant ethnic differences in appeals against detention under the Mental Health Act.

scholarly journals Australia's mental health legislation

2013 ◽  
Vol 10 (2) ◽  
pp. 38-40
Author(s):  
Kenneth C. Kirkby ◽  
Scott Henderson
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Health Law ◽  
International Treaty ◽  
Mental Health Law ◽  
Mental Health Act ◽  
International Trends ◽  
Strong Emphasis ◽  
Mental Health Legislation ◽  
Health Legislation

Australia has a generally progressive approach to mental health law, reflective of international trends in human rights. Responsibility for most legislation is vested in the six States and two Territories, a total of eight jurisdictions, such that at any given time several new mental health acts are in preparation. In addition there is a model mental health act that promotes common standards. Transfer of orders between jurisdictions relies on Memoranda of Understanding between them, and is patchy. State and Territory legislation is generally cognisant of international treaty obligations, which are themselves the preserve of the Federal Parliament and legislature. UK legislation has had a key influence in Australia, the 1959 Mental Health Act in particular, with its strong emphasis on voluntary hospitalisation, prefacing deinstitutionalisation.

scholarly journals In relative danger? The outcome of patients discharged by their nearest relative from sections 2 and 3 of the Mental Health Act

2003 ◽  
Vol 27 (02) ◽  
pp. 50-54
Author(s):  
Philip Shaw ◽  
Matthew Hotopf ◽  
Anthony Davies
Keyword(s):  
Mental Health ◽  
Clinical Outcome ◽  
Poor Clinical Outcome ◽  
Retrospective Case ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
Assessment And Treatment ◽  
The Right ◽  
Health Legislation ◽  
Control Cohort Study

Aims and Method Among the proposed changes in the current review of mental health legislation in England and Wales is the abolition of the right of the nearest relative to discharge patients from assessment and treatment orders (Sections 2 and 3 of the Mental Health Act 1983). We aimed to determine the clinical outcome of patients whose nearest relative applies for discharge. A retrospective case–control cohort study in a south London NHS Trust of 51 patients successfully discharged by their nearest relative and 33 patients whose nearest-relative applications were blocked by the treating psychiatrist on the grounds of ‘dangerousness'. Results Patients discharged from section by their nearest relative did not differ significantly from controls in all the measures of clinical outcome examined. Clinical Implications This study suggests that discharges by the nearest relative against psychiatric advice are not associated with a poor clinical outcome.

Detention under section 136: Why is it increasing?

2018 ◽  
Vol 58 (4) ◽  
pp. 268-274 ◽  
Author(s):  
Matthew Loughran
Keyword(s):  
Mental Health ◽  
Health Services ◽  
Access Point ◽  
Current Evidence ◽  
Inappropriate Use ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
History Of ◽  
Health Legislation ◽  
Socio Economic Factors

There has been a significant increase in the use of section 136 of the Mental Health Act 1983 in England and Wales, particularly over the past 10 years, but the reasons for this increase remain unclear. This paper presents a history of English mental-health legislation and the current evidence relating to the use of section 136. It suggests that changing police attitudes, socio-economic factors and diminished resources amongst both the police and mental-health services may have contributed towards its increase. The strain placed on health services may have also resulted in a greater reliance on the police force as an access point to NHS care and could result in the inappropriate use of section 136. With the principle of the ‘least restrictive option’ at the heart of the Mental Health Act, this advocates the need for reform.

scholarly journals A new Mental Health Act for Malta

2014 ◽  
Vol 11 (3) ◽  
pp. 67-69
Author(s):  
Anthony Zahra ◽  
Miriam Camilleri ◽  
John Cachia
Keyword(s):  
Mental Health ◽  
Mental Disorder ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
Health Legislation

Until recently, the care of persons with mental disorder in Malta was regulated by mental health legislation enacted in 1976. This was closely modelled on the 1959 British Mental Health Act. Now, the Mental Health Act 2012 is being implemented in two steps, in 2013 and 2014. The paper reviews its provisions.

scholarly journals Compulsory treatment in the community: current legal powers

2002 ◽  
Vol 8 (3) ◽  
pp. 180-188 ◽  
Author(s):  
Steffan Davies
Keyword(s):  
Mental Health ◽  
Northern Ireland ◽  
Compulsory Treatment ◽  
England And Wales ◽  
Mental Health Act ◽  
Department Of Health ◽  
Mental Health Legislation ◽  
Health Legislation

Reform of mental health legislation has been under consideration for several years in England and Wales (Department of Health, 2000a), where the Mental Health Act 1983 is in force, and in Scotland (Millan Committee Secretariat, 2001), which is governed by the Mental Health (Scotland) Act 1984. The Mental Health (Northern Ireland) Order 1986 is also under review, although the findings have yet to be published.

scholarly journals A time to keep silent and a time to speak

1999 ◽  
Vol 23 (12) ◽  
pp. 705-706
Author(s):  
A. S. Zigmond
Keyword(s):  
Mental Health ◽  
Response Rate ◽  
Work Load ◽  
Final Report ◽  
Scoping Study ◽  
Mental Health Act ◽  
Study Committee ◽  
Mental Health Legislation ◽  
Burn Out ◽  
Health Legislation

The final report of the Scoping Study Committee (Richardson Committee) reviewing the Mental Health Act 1983 is eagerly awaited. All psychiatrists, either individually or through the College, had an opportunity to express their views on what changes in legislation are needed and to comment on the draft proposals (Scoping Study Committee, 1999). Many psychiatrists did neither. Yet to use modem terminology, psychiatrists are one of the major ‘stakeholders' of mental health legislation. A valuable way of ascertaining colleagues' views in a structured way is by surveys of the type conducted by Buchanan & Gunn (1999, this issue). Given that the Richardson Committee has yet to publish proposals for ‘Part III’ the survey is timely. The response rate is, of course, very important and one is left wondering why a third of the general and community psychiatrists did not respond. Work load, burn-out or lack of familiarity with Part III of the Act are possible explanations.

scholarly journals The Best is the Enemy of The Good: The Mental Health Act 2001

2014 ◽  
Vol 1 (17) ◽  
pp. 21
Author(s):  
Anselm Eldergill
Keyword(s):  
Mental Health ◽  
Republic Of Ireland ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
Consent To Treatment ◽  
The Republic ◽  
Treatment Procedures ◽  
Health Legislation

<p>This article examines the Mental Health Act 2001, which is now the main piece of mental health legislation in the Republic of Ireland. The new Mental Health Tribunal system came into force on 1 November 2006, and the Act is now fully in force. The article is being published in two parts. This part deals with the new admission, detention, leave and transfer provisions. The second part, in the next issue of the Journal, examines the new safeguards: the Commission and the tribunals, and the consent to treatment procedures.</p>

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