scholarly journals Section 136 agreements in a regional health authority

1994 ◽  
Vol 18 (1) ◽  
pp. 36-38 ◽  
Author(s):  
Marinus P. Klijnsma ◽  
Annie E.A. Bartlett ◽  
Andrea Cohen
Keyword(s):  
Mental Health ◽  
Clinical Data ◽  
Health Authority ◽  
Urban Areas ◽  
Regional Health ◽  
Home Office ◽  
Code Of Practice ◽  
Mental Health Act ◽  
Department Of Health ◽  
Frequency Of Use

The limited previous research on usage of section 136 of the Mental Health Act 1983 (MHA) has either confined itself to description of socio-demographic and clinical data (Dunn ft Fahy, 1990) or considered procedural issues solely in urban areas (Rogers ft Faulkner, 1987). This is despite the repeated concern of the Mental Health Act Commission (1991), which has noted more widespread difficulties in the use of section 136, highlighting individual failures by local services to adhere to the Code of Practice MHA (Department of Health and Welsh Office, 1990). This study attempts a region-wide survey of section 136 agreements and the corresponding frequency of use of the procedures. This is in line with the Reed Committee recommendations (Department of Health/Home Office, 1992), which prioritised early diversion from custody as an area of research, and emphasised the desirability of multi-agency section 136 agreements.

scholarly journals Changing patterns in the use of the Mental Health Act 1983 in England, 1984–1996

2000 ◽  
Vol 176 (5) ◽  
pp. 479-484 ◽  
Author(s):  
Matthew Hotopf ◽  
Sharon Wall ◽  
Alec Buchanan ◽  
Simon Wessely ◽  
Rachel Churchill
Keyword(s):  
Mental Health ◽  
Hospital Admissions ◽  
Psychiatric Hospitals ◽  
Home Office ◽  
Mental Health Act ◽  
Department Of Health ◽  
Changing Patterns ◽  
Prison Populations ◽  
Psychiatric Beds ◽  
Near Future

BackgroundThe Mental Health Act 1983 (MHA) is due to be revised by Parliament in the near future.AimsTo explore changes in the use of the Act since its introduction.MethodThe Department of Health and the Home Office routinely collect data on the numbers of patients admitted to psychiatric hospitals under the MHA. We present absolute figures, by year, for the total numbers admitted under each section of the Act. We used the total psychiatric hospital admissions and total prison populations as denominator data.ResultsFormal admissions rose from 16 044 in 1984 to 26 308 in 1996, a 63% increase. Admissions under the MHA have increased as a proportion of all admissions. The increase is mainly accounted for by changes in the use of Part II of the Act, in particular sections 2 and 3. The use of forensic sections (Part III) has also increased, with a marked increase of sections 47 and 48. Use of Part X of the Act (sections 135 and 136) declined in the late 1980s but rose again in the 1990s.ConclusionsFormal admissions are more common than they were in 1984, despite there being fewer psychiatric beds. This is probably due to changes in the provision of psychiatric services, and changing societal pressures on psychiatrists away from libertarianism and towards coercion.

scholarly journals ‘Juridogenic’ harm: statutory principles for the new mental health tribunals

2001 ◽  
Vol 25 (9) ◽  
pp. 331-333 ◽  
Author(s):  
W. Obomanu ◽  
H. G. Kennedy
Keyword(s):  
Mental Health ◽  
Green Paper ◽  
Expert Committee ◽  
Proper Place ◽  
Code Of Practice ◽  
Mental Health Act ◽  
Department Of Health ◽  
Explicit Statement ◽  
First Time ◽  
Health Review

The new Mental Health Act for England and Wales is likely to extend the powers of mental health review tribunals (MHRTs) by giving tribunals the power to approve all compulsory treatment (Department of Health, 1999a, b). The medical member may be dropped entirely from the tribunal's proceedings (Richardson & Machin, 2000). In Ireland, a proposed new Mental Health Act will introduce MHRTs for the first time (Calvert, 2000). The 1983 Mental Health Act contains no explicit statement of underlying principles, although some were introduced in the revised Code of Practice. The Expert Committee (Department of Health, 1999b) suggested that the new Act should specify broad principles where these would help in statutory interpretation, particularly because a range of practitioners working in different settings will be required to understand and implement its provisions. The Green Paper initially suggested that the proper place for setting out principles should be a Code of Practice, but ended by inviting comments on the principles proposed by the Expert Committee, and on whether inclusion of principles would aid interpretation of the new Act.

scholarly journals Code of Practice 1999: navigating before reform of the Mental Health Act 1983

2000 ◽  
Vol 6 (1) ◽  
pp. 3-4
Author(s):  
Julian C. Hughes ◽  
Tony Lawson
Keyword(s):  
Mental Health ◽  
Public Safety ◽  
Green Paper ◽  
Code Of Practice ◽  
Mental Health Act ◽  
Department Of Health ◽  
Mental Health Legislation ◽  
Health Legislation

Mental health legislation must steer a course between Scylla and Charybdis. Scylla represents the notion of individual liberties; Charybdis represents the notion of safety and, in particular, public safety. At the time of writing a Green Paper is expected in 1999, so reform of the Mental Health Act 1983 is on its way. Meanwhile, does the new Code of Practice (Department of Health & Welsh Office, 1999), in force since 1 April 1999, give us any indication as to the course we might be steering?

scholarly journals Mental Health Act Code of Practice

1999 ◽  
Vol 23 (10) ◽  
pp. 587-589
Author(s):  
Andrew Parkin
Keyword(s):  
Mental Health ◽  
Old People ◽  
England And Wales ◽  
Code Of Practice ◽  
Mental Health Act ◽  
Department Of Health ◽  
The Right

The revised Code of Practice to the Mental Health Act 1983 (England and Wales) was published on 1 March 1999 (Department of Health & Welsh Office, 1999), and came into force on 1 April 1999. This code of practice replaces the previous one (Department of Health & Welsh Office, 1993) in providing guidance to professionals undertaking duties under the Mental Health Act 1983. The Mental Health Act uses the term ‘patient’ irrespective of age. However, Section 10 (2) of the Act sets out the right of 16– and 17–year-old people to determine their own admission. Section 10 states:

scholarly journals The Mental Health Act 1983 Draft Code of Practice: Mental Health Act Commission's Discussion Paper on Consent to Treatment

1986 ◽  
Vol 10 (8) ◽  
pp. 220-222
Author(s):  
Lord Colville
Keyword(s):  
Mental Health ◽  
Medical Journal ◽  
British Medical Journal ◽  
Discussion Paper ◽  
Draft Code ◽  
Code Of Practice ◽  
Mental Health Act ◽  
Consent To Treatment ◽  
And Function

Professor Bluglass has recently written in the Bulletin on this subject. Articles have also appeared in the British Medical Journal by Dr Hamilton and Professor Kendell. Comments were invited on both documents: to the DHSS on the Code and to MHAC on their paper. To judge by the articles referred to, clarification of the background to and function of both documents is urgently needed.

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 Aftercare: who attends section 117 meetings?

1995 ◽  
Vol 19 (2) ◽  
pp. 106-107
Author(s):  
Rosemary Lethem
Keyword(s):  
Mental Health ◽  
Nursing Home ◽  
Patient Care ◽  
Social Services ◽  
Local Health ◽  
Hospital Department ◽  
Health And Social Services ◽  
Mental Health Act ◽  
Department Of Health ◽  
Legal Duty

The purpose of aftercare is to enable patients to return to their home or accommodation other than a hospital or nursing home, and to minimse the need for future in-patient care. Under section 117 of the Mental Health Act 1983, local health and social services authorities have a legal duty to provide aftercare for certain categories of patients when they leave hospital (Department of Health and Welsh Office, 1993).

scholarly journals The Mental Health Act 1983 Draft Code of Practice

1987 ◽  
Vol 11 (2) ◽  
pp. 63-67
Keyword(s):  
Mental Health ◽  
Medical Association ◽  
British Medical Association ◽  
Draft Code ◽  
Code Of Practice ◽  
Mental Health Act ◽  
Medical Defence

It was felt that Members of the College would be interested to see the comments of the British Medical Association and the Joint Co-ordinating Committee (The Medical Protection Society, The Medical and Dental Defence Union of Scotland and the Medical Defence Union) on the Mental Health Act 1983 Draft Code of Practice. The comments of the College were published in the Bulletin, August 1986, 10, 194–195.

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