Disentangling capacity and the First-tier Tribunal: bringing case law into clinical practice

2021 ◽  
pp. 1-8
Author(s):  
Zumer Arif Jawaid ◽  
Nick Brindle ◽  
Michael Kennedy
Keyword(s):  
Mental Health ◽  
Clinical Practice ◽  
Psychiatric Treatment ◽  
Case Law ◽  
Staff Members ◽  
Common Clinical Practice ◽  
Health Review

SUMMARY It has been common clinical practice for staff members to make an application to a mental health tribunal (the First-tier Tribunal (Mental Health) in England or the Mental Health Review Tribunal in Wales) on behalf of a patient detained in hospital for psychiatric treatment who may lack capacity to make that application, for example in dementia in-patient settings. Following a series of cases in the Upper Tribunal, such practice may not be appropriate and there is now a risk that the application will be struck out. It is important that clinicians are aware of developments in case law and therefore we provide guidance on how clinicians should approach applications to the tribunal and the assessments of capacity that may be required.

scholarly journals Article 8 of the Human Rights Act 1998: implications for clinical practice

2009 ◽  
Vol 15 (1) ◽  
pp. 23-31 ◽  
Author(s):  
Martin Curtice
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Clinical Practice ◽  
Family Life ◽  
Case Law ◽  
Private Life ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Right ◽  
Health Review

SummaryThe Human Rights Act was introduced into UK law in 2000 and must be considered in all cases, including mental health review tribunals. Article 8 (the right to respect for private and family life) comprises two parts and has embedded in it ‘tests’ that must be applied when assessing any interference with this protected right. A review of Article 8 case law reveals how it is used and how it can be applied in a myriad of clinical situations. Because it involves the right to respect for private life, and is in a sense individualised, it will potentially affect people (both patients and staff) in the mental health services in a variety of ways. Article 8 has implications not only for patients but also for clinicians and healthcare organisations.

Article 3 of the Human Rights Act 1998: implications for clinical practice

2008 ◽  
Vol 14 (5) ◽  
pp. 389-397 ◽  
Author(s):  
Martin Curtice
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Clinical Practice ◽  
Clinical Setting ◽  
Case Law ◽  
European Court ◽  
Core Concepts ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Health Review

The Human Rights Act 1998 was introduced into UK law in 2000. It must be considered in all clinical cases, including mental health review tribunals. The number of mental health cases brought to the European Court of Human Rights that breach Article 3 has been very few. However, Article 3 will need to be considered in the clinical setting in complaints arising from conditions of detention, seclusion, control and restraint. This article analyses the case law, illustrating its evolution and also demonstrating the fundamental and core concepts that underpin the Act that can be used in clinical practice.

scholarly journals Caregivers' appraisals of patients' involuntary hospital treatment: European multicentre study

2012 ◽  
Vol 201 (6) ◽  
pp. 486-491 ◽  
Author(s):  
Domenico Giacco ◽  
Andrea Fiorillo ◽  
Valeria Del Vecchio ◽  
Thomas Kallert ◽  
Georgi Onchev ◽  
...  
Keyword(s):  
Mental Health ◽  
Clinical Practice ◽  
Psychiatric Treatment ◽  
Health Policies ◽  
Patient Treatment ◽  
Hospital Treatment ◽  
Symptom Improvement ◽  
Mental Health Policies ◽  
Multicentre Prospective Study ◽  
Client Assessment

BackgroundMental health policies emphasise that caregivers' views of involuntary psychiatric treatment should be taken into account. However, there is little evidence on how caregivers view such treatment.AimsTo explore caregivers' satisfaction with the involuntary hospital treatment of patients and what factors are associated with caregivers' appraisals of treatment.MethodA multicentre prospective study was carried out in eight European countries. Involuntarily admitted patients and their caregivers rated their appraisal of treatment using the Client Assessment of Treatment Scale 1 month after admission.ResultsA total of 336 patients and their caregivers participated. Caregivers' appraisals of treatment were positive (mean of 8.5 on a scale from 0 to 10) and moderately correlated with patients' views. More positive caregivers' views were associated with greater patients' symptom improvement.ConclusionsCaregivers' appraisals of involuntary in-patient treatment are rather favourable. Their correlation with patients' symptom improvement may underline their relevance in clinical practice.

scholarly journals Gender differences in mental health in the Middle East

2013 ◽  
Vol 10 (4) ◽  
pp. 79-80 ◽  
Author(s):  
Suhaila Ghuloum
Keyword(s):  
Mental Health ◽  
Gender Differences ◽  
Clinical Practice ◽  
Middle East ◽  
Young Women ◽  
Psychiatric Treatment ◽  
Well Being ◽  
Cultural Norms ◽  
The Family ◽  
Health And Well Being

We are now seeing in clinical practice a generation of young women who are referred for psychiatric treatment by their parents because they are rebelling against society's cultural norms but it is often apparent that women fear their families finding out that they are seeking psychiatric help. Despite improvements in the cultural understanding of women's right to equality, there remain deeply rooted practices and cultural norms that continue to adversely affect women's mental health and well-being. Physical abuse, for instance, is rarely reported, for fear of shaming the family, or of retaliation with further abuse. Mental health services in many countries in the Middle East are undergoing reform, but little research has been done into gender differences in service delivery or needs.

scholarly journals Effects of Pregnancy Loss on Subsequent Postpartum Mental Health: A Prospective Longitudinal Cohort Study

2021 ◽  
Vol 18 (4) ◽  
pp. 2179
Author(s):  
David C. Reardon ◽  
Christopher Craver
Keyword(s):  
Mental Health ◽  
Risk Factor ◽  
Live Birth ◽  
Pregnancy Loss ◽  
Mental Health Problems ◽  
Psychiatric Treatment ◽  
Reproductive Services ◽  
History Of ◽  
Mental Health Treatments ◽  
Prospective Longitudinal

Pregnancy loss, natural or induced, is linked to higher rates of mental health problems, but little is known about its effects during the postpartum period. This study identifies the percentages of women receiving at least one postpartum psychiatric treatment (PPT), defined as any psychiatric treatment (ICD-9 290-316) within six months of their first live birth, relative to their history of pregnancy loss, history of prior mental health treatments, age, and race. The population consists of young women eligible for Medicaid in states that covered all reproductive services between 1999–2012. Of 1,939,078 Medicaid beneficiaries with a first live birth, 207,654 (10.7%) experienced at least one PPT, and 216,828 (11.2%) had at least one prior pregnancy loss. A history of prior mental health treatments (MHTs) was the strongest predictor of PPT, but a history of pregnancy loss is also another important risk factor. Overall, women with a prior pregnancy loss were 35% more likely to require a PPT. When the interactions of prior mental health and prior pregnancy loss are examined in greater detail, important effects of these combinations were revealed. About 58% of those whose first MHT was after a pregnancy loss required PPT. In addition, over 99% of women with a history of MHT one year prior to their first pregnancy loss required PPT after their first live births. These findings reveal that pregnancy loss (natural or induced) is a risk factor for PPT, and that the timing of events and the time span for considering prior mental health in research on pregnancy loss can significantly change observed effects. Clinicians should screen for a convergence of a history of MHT and prior pregnancy loss when evaluating pregnant women, in order to make appropriate referrals for counseling.

Sign in / Sign up

Export Citation Format

Share Document