Depression and Civil Liability

Depressed Person ◽

The Law ◽

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

10.1093/med/9780199644957.003.0063 ◽

2013 ◽

Author(s):

Kay Wheat

Keyword(s):

Mental Health ◽

Mental Disorder ◽

Health Care Professionals ◽

Well Being ◽

Mental Capacity ◽

Best Interests ◽

Decision Making Capacity ◽

The Law ◽

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.

The concept of objection under the DOLS regime

International Journal of Mental Health and Capacity Law ◽

10.19164/ijmhcl.v0i21.233 ◽

2014 ◽

pp. 61

Author(s):

Matthew McKillop ◽

John Dawson ◽

George Szmukler

Keyword(s):

Mental Health ◽

Mental Health Treatment ◽

Mental Capacity ◽

Mental Health Patient ◽

Health Treatment ◽

England And Wales ◽

Mentally Disordered ◽

Mental Capacity Act ◽

Hospitalised Patient

<p>In England and Wales, there are now two regimes under which an adult can be deprived of liberty when receiving mental health treatment: the regime established by the Mental Health Act 1983 (MHA), and the Deprivation of Liberty Safeguards (DOLS) authorisation regime established by the Mental Capacity Act 2005 (MCA). Where both regimes might apply to a mentally disordered person in hospital for mental health treatment, a major dividing line between them is the ability of the patient to “object” to being a mental health patient or to being given mental health treatment. If such an objection occurs, a hospitalised patient is ineligible for the DOLS regime and only the MHA regime may be used to authorise the deprivation of their liberty.</p>

Understanding community care law in England and Wales

Advances in Psychiatric Treatment ◽

10.1192/apt.bp.108.006056 ◽

2009 ◽

Vol 15 (6) ◽

pp. 428-433 ◽

Cited By ~ 1

Author(s):

Danny Allen

Keyword(s):

Mental Health ◽

Community Care ◽

Mental Health Problems ◽

Case Law ◽

Mental Capacity ◽

Care Provision ◽

Care Programme ◽

England And Wales ◽

SummaryAlthough psychiatrists in England and Wales are generally familiar with the Mental Health Act 1983 and the Mental Capacity Act 2005, there is a body of law that is available to assist patients in the community with which they are generally less familiar. There are two main reasons for this. The first is that it is a rather confused amalgam of different statutes and case law affecting each other in ways that are less than clear. The other is that the care programme approach (CPA) was meant to cut through all this and make care provision straightforward. In fact, the latter has never been the case and community care law has always sat uneasily alongside the CPA, but in October 2008 the CPA was withdrawn from some patients with mental health problems. This article explains what is meant by community care law and how psychiatrists can use it to help their patients.

The law in England and Wales on mental health treatment in the community

10.1093/med/9780198738664.003.0004 ◽

2017 ◽

Author(s):

Jo Beswick ◽

Michael Gunn

Keyword(s):

Mental Health ◽

Mental Health Treatment ◽

Legal Framework ◽

Mental Capacity ◽

Community Treatment ◽

England And Wales ◽

Mentally Disordered ◽

Mentally Disordered Offender ◽

This chapter examines the legal framework for the treatment of the mentally disordered offender in the community in England and Wales. It examines both some of the ideological questions underlying the care of this group and the legal mechanisms within which treatment can be provided. The chapter begins by examining the principle, endorsed by the Mental Capacity Act 2005, that voluntary treatment will usually be the norm, regardless of setting. It then considers exceptions to these norm situations where legally mandated treatment in the community is permitted. In England and Wales, most of these exceptions are to be found in three pieces of legislation: the Mental Health Act 1983, as amended in 2007 to include community treatment orders; the Mental Capacity Act 2005, with its associated Deprivation of Liberty Safeguards (DOLS); and the Criminal Justice Act 2003.

Assessing mental capacity and making decisions

British Journal of Neuroscience Nursing ◽

10.12968/bjnn.2019.15.4.187 ◽

2019 ◽

Vol 15 (4) ◽

pp. 187-189 ◽

Cited By ~ 1

Author(s):

John Finch

Keyword(s):

Mental Health ◽

Mental Capacity ◽

England And Wales ◽

Mental Health Act ◽

History Of ◽

John Finch, a legal member of the Mental Health Act Commission for England and Wales from its creation by statute in 1983 until 1991, takes a fresh look at the uncomfortable history of the Mental Capacity Act 2005 and asks whether the Act has served any useful purpose.

Implementing legislative changes on young people's consent to treatment: a guide for trainers

Advances in Psychiatric Treatment ◽

10.1192/apt.bp.110.008185 ◽

2011 ◽

Vol 17 (6) ◽

pp. 454-460

Author(s):

Sarah Huline-Dickens

Keyword(s):

Mental Health ◽

Young People ◽

Mental Capacity ◽

England And Wales ◽

Consent To Treatment ◽

Legislative Changes ◽

Mental Capacity Act ◽

Structured Approach

SummaryThis article reviews the recent changes in the law in England and Wales relating to consent to treatment for young people, in particular the Mental Capacity Act 2005 and the 2007 amendments to the Mental Health Act 1983. Using a fictitious case study, it offers a structured approach to the application of these new items of legislation that could be useful to trainers and their trainees.

The law relating to mental capacity and mental health

Oxford Textbook of Old Age Psychiatry ◽

10.1093/med/9780198807292.003.0058 ◽

2020 ◽

pp. 907-916

Author(s):

Kay Wheat

Keyword(s):

Mental Health ◽

Mental Disorder ◽

Health Care Professionals ◽

Mental Capacity ◽

Best Interests ◽

Decision Making Capacity ◽

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.

Capacity and Consent in England and Wales: The Mental Capacity Act under Scrutiny

Cambridge Quarterly of Healthcare Ethics ◽

10.1017/s0963180110000125 ◽

2010 ◽

Vol 19 (3) ◽

pp. 344-352 ◽

Cited By ~ 3

Author(s):

PETER HERISSONE-KELLY

Keyword(s):

Mental Health ◽

Learning Disabilities ◽

Mental Health Problems ◽

Legal Framework ◽

Mental Capacity ◽

Decision Makers ◽

England And Wales ◽

Advance Decisions ◽

The Mental Capacity Act 2005 came into force in England and Wales in 2007. Its primary purpose is to provide “a statutory framework to empower and protect people who may lack capacity to make some decisions for themselves.” Examples of such people are those with dementia, learning disabilities, mental health problems, and so on. The Act also gives those who currently have capacity a legal framework within which they can make arrangements for a time when they may come to lack it. Toward this end, it allows for them to make advance decisions (in effect, refusals of consent to certain forms of treatment) or to appoint proxy decision makers with lasting powers of attorney.

Lasting powers of attorney: implications for clinicians

Advances in Psychiatric Treatment ◽

10.1192/apt.bp.111.009019 ◽

2012 ◽

Vol 18 (3) ◽

pp. 205-212 ◽

Cited By ~ 3

Author(s):

Martin Curtice ◽

Isurima Katuwawela ◽

Richard McCollum

Keyword(s):

Case Law ◽

Mental Capacity ◽

Personal Health ◽

England And Wales ◽

The Law ◽

Mental Capacity Act ◽

First Time

SummaryIssues relating to capacity are increasingly topical and relevant, particularly following the implementation of the Mental Capacity Act 2005. Powers of attorney are one such issue that requires the assessment of capacity for their execution. This article focuses on lasting powers of attorney (LPAs), which were introduced under the Mental Capacity Act in 2007. We describe how LPAs evolved and how they have been used since the inception of the Act. We review salient case law. In doing so, we elucidate pertinent issues for clinicians, particularly in the case of health and welfare LPAs: for the first time in England and Wales, the law allows donors to nominate an attorney to make decisions about their personal health and welfare once they become incapacitated.

Can the use of the Mental Health Act be the 'least restrictive' approach for psychiatric in-patients?

International Journal of Mental Health and Capacity Law ◽

10.19164/ijmhcl.v2016i22.551 ◽

2016 ◽

Vol 2016 (22) ◽

pp. 51

Author(s):

Beth Ranjit

Keyword(s):

Mental Health ◽

Legal Framework ◽

Mental Capacity ◽

England And Wales ◽

Mental Health Act ◽

<p>In England and Wales, involuntary admissions for assessment or treatment in mental health wards are based on the legal framework of the Mental Health Act 1983 (as amended in 2007) or the Mental Capacity Act 2005, with the Deprivation of Liberty Safeguards introduced in 2007. But what is the "least restrictive" approach and are we truly safeguarding in-patients’ liberty by curbing use of the Mental Health Act in particular groups?</p>