Mental Health Act 1983

2021 ◽  
pp. 339-348
Author(s):  
Anna Smajdor ◽  
Jonathan Herring ◽  
Robert Wheeler

This chapter covers the Mental Health Act 1983 and includes topics on The definition of mental disorder under the Mental Health Act, Criteria for admission under s.2 Mental Health Act, Criteria for Admission under section 3, Criteria for Emergency Admission under section 4 Mental Health Act, Brain Tissue Treatment under Mental Health Act, Electro-convulsive Therapy.

2019 ◽  
Vol 215 (5) ◽  
pp. 633-635
Author(s):  
Sheila Hollins ◽  
Keri-Michèle Lodge ◽  
Paul Lomax

SummaryIntellectual disability (also known as learning disability in UK health services) and autism are distinct from the serious mental illnesses for which the Mental Health Act is designed to be used. Their inclusion in the definition of mental disorder is discriminatory, resulting in unjust deprivations of liberty. Intellectual disability and autism should be excluded from the Mental Health Act.Declaration of interestNone.


2010 ◽  
Vol 16 (3) ◽  
pp. 161-167 ◽  
Author(s):  
Tim Branton ◽  
Guy Brookes

SummaryThis article deals with the provisions for the lawful detention and compulsory treatment of patients in England and Wales. The 2007 amendments to the Mental Health Act 1983 redefine ‘mental disorder’ and ‘medical treatment’ and remove the classifications required for longer-term detention, abolishing the so-called ‘treatability test’ and introducing a new appropriate-treatment test. ‘Learning disability’ is brought within the definition of mental disorder but only if ‘associated with abnormally aggressive or seriously irresponsible conduct’. The exclusion for promiscuity, other immoral conduct or sexual deviancy is repealed; the exclusion for dependence on alcohol and drugs is retained. The revised definition of ‘medical treatment’ includes psychological treatment and removes the requirement that treatment is under medical supervision. The basic structure of the 1983 Act is retained. Use of the powers is discretionary. The principles of the Mental Capacity Act 2005 are imported into the decision-making framework through the wording of the Mental Health ActCode of Practice.


1993 ◽  
Vol 17 (10) ◽  
pp. 616-617
Author(s):  
Femi Oyebode

Section 57 of the Mental Health Act 1983 relates to certain forms of medical treatments for mental disorder which require both consent and a second opinion. It applies to any surgical operation for destroying brain tissue or for destroying the functioning of brain tissue; it also applies to the surgical implantation of hormones for the suppression of male sexual drive. These treatments cannot be given unless the patient has consented and three independent people, including a medical practitioner, certify that the patient is capable of understanding the nature of the treatment proposed, has consented to it, and the appointed registered medical practitioner has certified that the treatment is appropriate. This paper examines whether Section 57 is indeed justifiable and whether the current procedure needs amendment.


2009 ◽  
Vol 3 (1) ◽  
pp. 3-8
Author(s):  
Ian Hall ◽  
Afia Ali

The new Mental Health Act 2007 substantially amends the Mental Health Act 1983. In this article, some of the most important changes are highlighted, including changes to the definition of mental disorder, the new professional roles of approved mental health practitioner and responsible clinician, and the new powers for Supervised Community Treatment. The likely impact of these changes for people with learning disability and professionals working with them is discussed.


2010 ◽  
Vol 27 (3) ◽  
pp. 143-147 ◽  
Author(s):  
Atiqa Rafiq ◽  
Mary O'Hanlon

AbstractObjectives:With the implementation of the Mental Health Act 2001 (M HA 2001) in November 2006, there was an expectation of reduction in the overall involuntary admission rate, particularly as those with a sole diagnosis of substance misuse were specifically excluded from the definition of mental disorder. The aim of this audit cycle was to ascertain this rate and to audit the process of the referral, transfer, assessment and subsequent management of the patients whose admission orders were not completed by the consultant psychiatrists (CPs) following referral for involuntary admission to an approved centre. In addition, the authors wished to ascertain if the recommendations of Audit 2003 were implemented.Method:The Audit 2003 analysed all Temporary Patient Reception Orders sent to an approved centre in the year 2003 but whose admission orders were not completed by the CP. A protocol was drawn up to elicit information. The Re-Audit in 2008 used the same protocol. The duration of the Re-Audit was 01.11.06-31.10.07. The results were analysed using SPSS 12.Results:There is no change in the involuntary referral rate to the approved centre in Longford/Westmeath since the new legislation was enacted. The CP continues to refuse to make an order in one in three cases. Patients with a sole diagnosis of alcohol misuse continue to be referred for involuntary admission but are now presenting sober on admission. There also appears to be an increased rate of incorrectly filled forms by GPs.Conclusions:This audit indicates a need for more training for GPs and Gardai in the MHA 2001 and filling of forms.


1992 ◽  
Vol 16 (3) ◽  
pp. 139-141 ◽  
Author(s):  
Michael Sheppard

This is the second of two articles on GP referrals for compulsory admission, and seeks to examine the process and outcome of assessment by (a) comparing GP with other section assessment referrals and (b) comparing GP referrals who were compulsorily admitted to hospital with those not compulsorily admitted or voluntarily admitted. In relation to the law the main relevant sections for this article are sections 2, 3 and 4. There are two basic grounds for admission: that the patient is suffering from a mental disorder and that admission is in the interests of his/her own health or safety or for the protection of others. Section 4 requires one and sections 2 and 3, two medical recommendations, as well as an application by an approved social worker (ASW) or nearest relative. Section 2, admission for assessment, involves admission for up to 28 days; section 4, emergency admission for assessment, involves admission for up to 72 hours; and section 3, admission for treatment, allows admission for up to six months, and is renewable.


2003 ◽  
Vol 43 (1) ◽  
pp. 75-79 ◽  
Author(s):  
Neil Greenberg ◽  
Niki Haines

Section 136 of the Mental Health Act 1983 is used by police officers to detain persons who they feel might be suffering with mental disorder until a formal Mental Health Act assessment can be undertaken. Previous studies have shown that the outcomes of these assessments result in remarkably different rates of subsequent hospital admissions. Within a rural setting it has also been shown that the rate of use of Section 136 varies considerably. This study examines the use of Section 136 within a family of eight police forces that have been matched to ensure that they cover similar populations. The results show that there are considerable variations in the use of Section 136, with the Devon and Cornwall region using the section over two and a half times the mean for the group. Possible reasons for this discrepancy are discussed.


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