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 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.

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.

scholarly journals Section 17 of the Mental Health Act

1998 ◽  
Vol 22 (7) ◽  
pp. 415-418 ◽  
Author(s):  
John Milton
Keyword(s):  
Mental Health ◽  
Case Note ◽  
Middle Aged ◽  
Retrospective Case ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
Mental Health Patients ◽  
History Of ◽  
Health Legislation

From 1 April 1996 mental health legislation was expanded to include provision for “supervised discharge” under the Mental Health (Patients in the Community) Act 1995. However, the use off Section 17 (s17) off the Mental Health Act has always provided an option for an extended leave. This retrospective case note study examines 10 years of practice off s17 use and focuses on characteristics off those patients recalled. Increases in s17 applications represented equivalent increases in admissions and overall sections, although numbers off patients actually recalled had fallen significantly. Patients recalled after discharge were generally middle-aged men with a long history of schizophrenia, on s3, who relapse quickly due to treatment non-compliance.

scholarly journals Mental health legislation in the Philippines: Philippine Mental Health Act

2019 ◽  
Vol 16 (03) ◽  
pp. 65-67 ◽  
Author(s):  
John Lally ◽  
Rene M. Samaniego ◽  
John Tully
Keyword(s):  
Mental Health ◽  
Mental Healthcare ◽  
The Philippines ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
History Of ◽  
The Republic ◽  
Comprehensive Framework ◽  
Health Legislation

The first mental health act legislation in the history of the Philippines has been officially signed into law and was enacted as the Republic Act no. 11036 on 21 June 2018. It provides a rights-based mental health bill and a comprehensive framework for the implementation of optimal mental healthcare in the Philippines. We review the principles and provisions of the Mental Health Act of 2017 and the implications for mental healthcare in the Philippines.

scholarly journals Knowledge of mental health legislation in junior doctors training in psychiatry

2011 ◽  
Vol 35 (12) ◽  
pp. 460-466 ◽  
Author(s):  
Ovais Wadoo ◽  
Aadil Jan Shah ◽  
Nadarajah Jehaanandan ◽  
Michelle Laing ◽  
Manoj Agarwal ◽  
...  
Keyword(s):  
Mental Health ◽  
Quantitative Research ◽  
Early Stage ◽  
Fundamental Rights ◽  
Junior Doctors ◽  
Psychiatry Training ◽  
Inappropriate Use ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
Health Legislation

Aims and methodTo assess junior doctors' knowledge of the procedures involved in involuntary admission of patients detained under Sections 5(2), 2 and 3 of the Mental Health Act 1983. A semi-quantitative research study of junior trainees affiliated to two psychiatry training schemes was carried out.ResultsTrainees' knowledge of professionally relevant sections of the Mental Health Act was patchy. Knowledge correlated significantly with experience in clinical practice and with experience of using mental health legislation. Surprisingly, in-service training in mental health legislation had no effect on participants' knowledge.Clinical implicationsLack of knowledge and understanding raises the possibility of inappropriate use of the mental health legislation. This threatens patients' fundamental rights and can lead to complaints or litigation. There is a clear need to address this at an early stage in psychiatry training.

scholarly journals The application of mental health legislation in younger children

2015 ◽  
Vol 39 (6) ◽  
pp. 302-304 ◽  
Author(s):  
Victoria Thomas ◽  
Barry Chipchase ◽  
Lisa Rippon ◽  
Paul McArdle
Keyword(s):  
Mental Health ◽  
Young Child ◽  
Legal Issues ◽  
Legal Authority ◽  
Challenging Behaviour ◽  
Health Unit ◽  
Mental Health Legislation ◽  
History Of ◽  
Health Legislation ◽  
Mental Health Unit

SummaryWe review a case history of a young child who was admitted to an in-patient mental health unit due to extremely challenging behaviour and review the legal issues that had to be considered in ensuring that there was appropriate legal authority for the child's admission and treatment. In this particular case, the patient was detained for assessment under section 2 of the Mental Health Act 1983. This case demonstrates that all clinicians working in this area require a good understanding of the law in relation to treatment of children with mental disorder, which is extremely complex.

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.

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