scholarly journals Murmurs of discontent: treatment and treatability of personality disorder

2001 ◽  
Vol 7 (6) ◽  
pp. 407-415 ◽  
Author(s):  
Gwen Adshead
Keyword(s):  
Mental Health ◽  
White Paper ◽  
Involuntary Admission ◽  
Department Of Health ◽  
Legal Term ◽  
Mental Health Legislation ◽  
It Department ◽  
Health Legislation ◽  
Legal Sense ◽  
Considerable Discussion

“They murmured, as they took their fees ‘There is no cure for this disease’.”Hilaire BellocTreatability is a confused and confusing concept in psychiatry. In its legal sense, it is a measure that limits the involuntary admission of patients with some particular types of mental disorder. The legal term itself has generated considerable discussion and dissent (e.g. Mawson, 1983; Grounds, 1987), and the Government's White Paper on reforming mental health legislation in England and Wales proposes to abolish it (Department of Health, 2000).

scholarly journals Foreword

2014 ◽  
pp. 97
Author(s):  
Charlotte Emmett
Keyword(s):  
Mental Health ◽  
White Paper ◽  
Department Of Health ◽  
Mental Health Legislation ◽  
Health Legislation

<p align="left">It seems probable that publication of this issue of the Journal will coincide with publication by the Department of Health of the eagerly awaited White Paper containing the Government’s intended reform of mental health legislation.</p>

scholarly journals Least restrictive alternative – advance statements and the new mental health legislation

2002 ◽  
Vol 26 (7) ◽  
pp. 246-247 ◽  
Author(s):  
J. M. Atkinson ◽  
H. C. Garner
Keyword(s):  
Mental Health ◽  
Home Office ◽  
Policy Makers ◽  
Department Of Health ◽  
Mental Health Legislation ◽  
Advance Statements ◽  
Restrictive Environment ◽  
The Patient’S View ◽  
Health Legislation ◽  
Least Restrictive Alternative

Proposals for new mental health legislation make the case for using the ‘least restrictive alternative’ (Scottish Executive, 2001) and the ‘least restrictive environment’ (Department of Health & Home Office, 2000) as guiding principles in deciding the management and treatment of the patient. This appears to be the case made for introducing compulsory treatment in the community. The patient living in the community, while maintained on medication, rather than the hospital would appear to be defined as on the ‘least restrictive alternative’. This, however, takes only a limited approach to what is ‘restrictive’, which should be interpreted more widely, including the patient's view as well as that of clinicians and policy makers. Thus, a patient may see it as less restrictive during an acute phase to be in hospital and not on medication, than in the community but on medication. It is likely, given our knowledge of patients' attitudes to medication (Eastwood & Pugh, 1997), that many patients will prefer to be on oral medication rather than depot, which they see as less restrictive.

scholarly journals Comparing legislation for involuntary admission and treatment of mental illness in four South Asian countries

2019 ◽  
Vol 13 (1) ◽  
Author(s):  
Sangeeta Dey ◽  
Graham Mellsop ◽  
Kate Diesfeld ◽  
Vajira Dharmawardene ◽  
Susitha Mendis ◽  
...  
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
South Asian ◽  
Political Support ◽  
World Health ◽  
Involuntary Admission ◽  
Asian Countries ◽  
Persons With Disabilities ◽  
Mental Health Legislation ◽  
Health Legislation

Abstract Background Involuntary admission or treatment for the management of mental illness is a relatively common practice worldwide. Enabling legislation exists in most developed and high-income countries. A few of these countries have attempted to align their legislation with the United Nations Convention on the Rights of Persons with Disabilities. This review examined legislation and associated issues from four diverse South Asian countries (Bangladesh, India, Pakistan and Sri Lanka) that all have a British colonial past and initially adopted the Lunacy Act of 1845. Method A questionnaire based on two previous studies and the World Health Organization checklist for mental health legislation was developed requesting information on the criteria and process for involuntary detention of patients with mental illness for assessment and treatment. The questionnaire was completed by psychiatrists (key informants) from each of the four countries. The questionnaire also sought participants’ comments or concerns regarding the legislation or related issues. Results The results showed that relevant legislation has evolved differently in each of the four countries. Each country has faced challenges when reforming or implementing their mental health laws. Barriers included legal safeguards, human rights protections, funding, resources, absence of a robust wider health system, political support and sub-optimal mental health literacy. Conclusion Clinicians in these countries face dilemmas that are less frequently encountered by their counterparts in relatively more advantaged countries. These dilemmas require attention when implementing and reforming mental health legislation in South Asia.

scholarly journals Carers' experiences of involuntary admission under mental health legislation: systematic review and qualitative meta-synthesis

BJPsych Open ◽  
2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Ruth Stuart ◽  
Syeda Ferhana Akther ◽  
Karen Machin ◽  
Karen Persaud ◽  
Alan Simpson ◽  
...  
Keyword(s):  
Mental Health ◽  
Mental Health Professionals ◽  
Bibliographic Databases ◽  
Emotional Impact ◽  
Involuntary Admission ◽  
Policy And Practice ◽  
Accessible Information ◽  
Care And Support ◽  
Mental Health Legislation ◽  
Health Legislation

Background Carers are key providers of care and support to mental health patients and mental health policies consistently mandate carer involvement. Understanding carers' experiences of and views about assessment for involuntary admission and subsequent detention is crucial to efforts to improve policy and practice. Aims We aimed to synthesise qualitative evidence of carers' experiences of the assessment and detention of their family and friends under mental health legislation. Method We searched five bibliographic databases, reference lists and citations. Studies were included if they collected data using qualitative methods and the patients were aged 18 or older; reported on carer experiences of assessment or detention under mental health legislation anywhere in the world; and were published in peer-reviewed journals. We used meta-synthesis. Results The review included 23 papers. Themes were consistent across time and setting and related to the emotional impact of detention; the availability of support for carers; the extent to which carers felt involved in decision-making; relationships with patients and staff during detention; and the quality of care provided to patients. Carers often described conflicting feelings of relief coupled with distress and anxiety about how the patient might cope and respond. Carers also spoke about the need for timely and accessible information, supportive and trusting relationships with mental health professionals, and of involvement as partners in care. Conclusions Research is needed to explore whether and how health service and other interventions can improve the involvement and support of carers prior to, during and after the detention of family members and friends.

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 Psychiatrists’ attitudes towards the procedure of involuntary admission to mental hospitals in China

2011 ◽  
Vol 58 (4) ◽  
pp. 440-447 ◽  
Author(s):  
Yang Shao ◽  
Bin Xie ◽  
Zhiguo Wu
Keyword(s):  
Mental Health ◽  
Mentally Ill ◽  
National Level ◽  
Mainland China ◽  
Education Level ◽  
Involuntary Admission ◽  
Mental Hospitals ◽  
Mental Health Legislation ◽  
Low Education ◽  
Health Legislation

Background: In order to protect the rights of the mentally ill, legislation on the standards and procedures of compulsory detention has been made at the local and national level in China. Aims: This study aims to examine psychiatrists’ attitudes towards seeking involuntary admission in mainland China. Method: Three hundred and fourteen (314) qualified members of the Chinese Psychiatrist Association (CPA) were surveyed using a questionnaire to assess their attitudes about the procedure of involuntary admission to mental hospitals. Data were analysed using χ2 and logistic regression. Results: Some psychiatrists in the CPA had several arbitrary attitudes towards the process of admission. Females, aged under 35, with a low education level and a low position in the institution showed stricter attitudes in the procedure of involuntary admission. Areas with mental health legislation showed significant positive relationships with stricter attitudes. Conclusions: Every effort needs to be made to minimize these arbitrary attitudes to prevent potential negative outcomes. There is still a long way to go in protecting the rights of people diagnosed with mental illness.

scholarly journals Dignity, human rights and the limits of mental health legislation

2014 ◽  
Vol 31 (2) ◽  
pp. 75-81 ◽  
Author(s):  
Brendan D. Kelly
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Mental Disorder ◽  
Mental Health Policy ◽  
Best Interests ◽  
Involuntary Admission ◽  
Economic Rights ◽  
Mental Health Legislation ◽  
Health Legislation ◽  
Social And Economic Rights

A right is an entitlement that one may legally or morally claim. Human rights are of particular importance in mental health care owing to the existence of laws that permit involuntary admission and treatment under certain circumstances, and compelling evidence of persistent social exclusion of some individuals with mental disorder. Ireland’s mental health legislation, which is currently under review, meets most international human rights standards in areas of traditional concern (involuntary admission and treatment) but not in other areas (especially social and economic rights). These deficits would be addressed, at least in part, by replacing the principle of ‘best interests’ with the principle of ‘dignity’ as the over-arching principle in Irish mental health legislation. Such a change would help ensure that decisions made under the legislation actively facilitate individuals with mental disorder to exercise their capabilities, help promote human rights and protect dignity. Even following such a reform, however, it is neither practical nor realistic to expect mental health legislation alone to protect and promote all of the broader rights of individuals with mental disorder, especially social and economic rights. Some rights are better protected, and some needs better met, through social policy, mental health policy and broader societal awareness and reform.

scholarly journals Proportionality of legal discrimination

2010 ◽  
Vol 7 (1) ◽  
pp. 24-24
Author(s):  
Partha Gangopadhyay
Keyword(s):  
Mental Health ◽  
Code Of Practice ◽  
Department Of Health ◽  
Mental Health Legislation ◽  
Mental Capacity Act 2005 ◽  
Legal Duty ◽  
The Government ◽  
Mental Capacity Act ◽  
The Uk ◽  
Health Legislation

Sir: The article by Zigmond (2009) made for interesting reading. Mental health law is about balancing the need to detain people in order to protect them or other people from harm and the need to respect people's human rights and autonomy. In the UK, there was much concern during the development of recent mental health legislation, in particular the Mental Capacity Act 2005, that the government had got this balance wrong. Many of these concerns have been addressed in the updated Code of Practice to the 1983 Mental Health Act, which is an essential guide to practising under the Act (Department of Health, 2008). There is no legal duty to comply with the Code, but professionals must have regard to it and record the reason for any departure from the guidance (which can be subject to legal challenge).

scholarly journals Foreword

2014 ◽  
pp. 3
Author(s):  
John Horne
Keyword(s):  
Mental Health ◽  
White Paper ◽  
Mental Health Legislation ◽  
Health Legislation

<p>Since publication of the last issue of the Journal, there has been considerable and increasing speculation about the Government’s timetable, and indeed intentions, with regards to progressing the reform of mental health legislation as outlined in the White Paper published in December 2000. As this issue goes to print, the uncertainty persists, as does the debate on what will/should be the detail of the Bill to be presented in due course to Parliament. Consistent with our aim when publishing previous issues, we intend that the contents of this issue of the Journal will contribute to that debate.</p>

scholarly journals Dangerous severe personality disorder

2003 ◽  
Vol 9 (5) ◽  
pp. 349-358 ◽  
Author(s):  
Adrian Feeney
Keyword(s):  
Mental Health ◽  
Personality Disorder ◽  
Present Situation ◽  
Department Of Health ◽  
Mental Health Legislation ◽  
Treatment Models ◽  
Draft Bill ◽  
Health Legislation ◽  
The Relationship ◽  
Severe Personality Disorder

The Draft Mental Health Bill was published in June 2002 and was widely criticised. There were particular concerns regarding the possible detention of those with personality disorders solely for the protection of the general public. Subsequently the Draft Bill was omitted from the Queen's speech in November 2002. The Department of Health has stated that it intends to push for the Bill's inclusion in the next Parliamentary year. This review attempts to summarise the present situation so as to inform the debate. It considers the relationship between personality disorder and risk, with examination of treatment models and the existing and proposed mental health legislation.

Sign in / Sign up

Export Citation Format

Share Document