scholarly journals The Home Office Mental Health Unit

1996 ◽  
Vol 20 (12) ◽  
pp. 742-743
Author(s):  
J. M. Potts
Keyword(s):  
Mental Health ◽  
Rapid Response ◽  
Health Unit ◽  
Home Office ◽  
Mentally Disordered ◽  
Separate Section ◽  
Mental Health Legislation ◽  
Health Legislation ◽  
Mental Health Unit

On 1 April the mental health section of the Home Office's C3 Division was renamed “Mental Health Unit”, as part of a wider initiative to streamline the Department and give more meaningful titles to the various different areas of work. The responsibilities of our Unit remain the same, however. First, we deal with the cases of restricted patients under mental health legislation. As well as advising Ministers or taking decisions on their behalf about leave, transfers and discharge, the Unit also authorises the transfer of mentally disordered prisoners to hospital. This prison transfer work is focused in a separate section of the Unit which is able to provide a very rapid response to urgent requests for transfer warrants. The number of transfers has gone up from 337 in 1990 to over 700 in each of the last three years.

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.

scholarly journals The Home Office Mental Health Unit

2006 ◽  
Vol 12 (6) ◽  
pp. 450-458 ◽  
Author(s):  
Jayanth Srinivas ◽  
Sarah Denvir ◽  
Martin Humphreys
Keyword(s):  
Mental Health ◽  
Health Unit ◽  
Mentally Disordered Offenders ◽  
Home Office ◽  
England And Wales ◽  
Mentally Disordered ◽  
Mental Health Unit ◽  
Structure And Functions

Over the years, the number of mentally disordered offenders in England and Wales subject to restriction orders has steadily increased. The Home Secretary, through the Mental Health Unit at the Home Office, is responsible for overseeing the treatment of these individuals. As psychiatrists work in partnership with the Mental Health Unit in the treatment of these patients, it is essential to understand the Unit's role and functions. In this article, we describe the philosophy, structure and functions of the Mental Health Unit and its statutory role in the care of mentally disordered offenders subject to restriction orders.

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.

Consultant Psychiatrists' Knowledge of Mental Health Legislation in Scotland

1998 ◽  
Vol 38 (3) ◽  
pp. 237-241 ◽  
Author(s):  
Martin Humphreys
Keyword(s):  
Mental Health ◽  
Health Law ◽  
Apparent Lack ◽  
Mental Health Law ◽  
Medical Practitioners ◽  
Mentally Disordered ◽  
Mental Health Legislation ◽  
Localized Patterns ◽  
Level Of Understanding ◽  
Health Legislation

There has been increasing concern recently over an apparent lack of knowledge of mental health law among psychiatrists and other medical practitioners involved in its use. This has been particularly highlighted by the introduction of new and complex legislation intended to facilitate care in the community. As a result of findings from previous studies of other groups of medical practitioners in Scotland, a national survey of consultant psychiatrists working there was undertaken to determine their level of understanding of the statutory provision for the care of the mentally disordered. A purpose-designed instrument was used at interview with 72 consultants chosen at random from all psychiatric specialties. Their knowledge of even the most basic definitions and fundamental areas was limited, with only just over half being able to give the correct title of one relevant piece of legislation and only one in 10 being able to define mental disorder in terms of the Act. Otherwise knowledge was generally patchy. Greater emphasis should be placed upon training in mental health law for consultant psychiatrists in general, as the findings are unlikely to reflect purely localized patterns. Attitudes to the use of compulsory measures also need to be addressed.

scholarly journals New mental health legislation in Japan

1991 ◽  
Vol 15 (9) ◽  
pp. 559-561 ◽  
Author(s):  
Tsutomu Sakuta
Keyword(s):  
Mental Health ◽  
Medical Treatment ◽  
Mental Hospital ◽  
Mental Hygiene ◽  
Well Being ◽  
Mentally Disordered ◽  
Social Rehabilitation ◽  
Mental Health Legislation ◽  
Health Legislation

In Japan the Mentally Disordered Persons Supervision and Protection Law (1901) and the Mental Hospital Law (1919) used to be the main laws for mentally disordered people. Subsequently, the Mental Hygiene Law came into force in 1950 but was criticised as it had restrained admitted patients and the provisions for procedures for the release of patients were inadequate. The purpose of the old law was to give medical treatment and custody to mentally disordered persons and to maintain and improve the mental health of the nation. In the revised law, enacted in July 1988, acceleration of social rehabilitation of mentally disordered persons and promotion of their well-being were added.

scholarly journals A model law fusing incapacity and mental health legislation

2014 ◽  
pp. 9 ◽  
Author(s):  
George Szmukler ◽  
Rowena Daw ◽  
John Dawson
Keyword(s):  
Mental Health ◽  
Cerebrovascular Accident ◽  
Physical Disorder ◽  
Confusional State ◽  
Mental Impairment ◽  
Mentally Disordered ◽  
Physical Conditions ◽  
Mental Health Legislation ◽  
Model Law ◽  
Health Legislation

<p align="left">An outline for a model law is presented here that would govern the non-consensual treatment of people who lack the capacity (or competence) to consent due to mental impairment, whether this is due to ‘mental disorder’ or ‘psychiatric disorder’ as conventionally conceived, or due to a ‘physical disorder’. Our aim in drafting this model law is to give coherent and practical expression to the case, previously made by two of the current authors, that separate legislation authorising the civil commitment of ‘mentally disordered’ persons is unnecessary, and discriminatory, and should be replaced by new, comprehensive legislation that would govern the non-consensual treatment of both ‘mental’ and ‘physical’ conditions. This new scheme – which we have described as the ‘fusion’ proposal – would be based squarely on incapacity principles: that is, on the impaired capacity of a person to make decisions about treatment, from whatever cause – whether this is due to schizophrenia, Alzheimer’s Disease, a learning disability, a confusional state due to infection, a cerebrovascular accident, a head injury, or any other mental impairment.</p><p align="left">A model statute of this kind, drafted largely by Rowena Daw, is presented here in skeleton form.</p><p align="left"> </p><p align="left"> </p><p align="left"> </p>

scholarly journals The treatment of mentally disordered offenders under capacity-based mental health legislation

2014 ◽  
pp. 40 ◽  
Author(s):  
Alec Buchanan
Keyword(s):  
Mental Health ◽  
Mentally Ill ◽  
Patient Autonomy ◽  
Mentally Disordered Offenders ◽  
Mentally Disordered ◽  
Moral Force ◽  
Mental Health Legislation ◽  
Model Law ◽  
The One ◽  
Health Legislation

<p>I agree that someone’s lack of mental capacity, or their inability to make proper choices, as I would prefer, has an intuitive moral force as a criterion for coercing them to accept care. The authors of “A Model Law Fusing Incapacity and Mental Health Legislation” (henceforth AML) are right also, I think, when they suggest that this moral force is reflected in the law’s widespread use of “choice based” criteria to<br />determine when and to what degree a medical patient’s stated wishes will be respected. I also agree that bad legislation can contribute to the stigmatization of the mentally ill.</p><p>As AML points out, mental health legislation has to incorporate many principles, some of which are in tension with each other. AML uses, as an example, the balance that has to be achieved between maximizing patient autonomy, on the one hand, and ensuring their safety and that of others, on the other. An essential principle in mental health legislation is that mentally disordered offenders need treatment and that the law should seek to ensure that they get it. As would be the case for any law, other principles will need to be respected too; but this one seems crucial. I am not convinced that the need to ensure treatment receives sufficient attention in AML. I also have some concerns over the details of what is proposed.</p>

Mental Health Law and the Occupational Therapist

1988 ◽  
Vol 51 (9) ◽  
pp. 307-311
Author(s):  
Bridgit Dimond
Keyword(s):  
Mental Health ◽  
Occupational Therapist ◽  
Health Law ◽  
Compulsory Admission ◽  
Mental Health Law ◽  
Mentally Disordered ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
Consent To Treatment ◽  
Health Legislation

The occupational therapist is increasingly likely to be concerned with the care of mentally disordered people. Some provisions of the Mental Health Act 1983 affect him/her directly. This article discusses some of the most important provisions of the mental health legislation, in particular compulsory admission, consent to treatment provisions, the duties of the manager to inform the patient and the definition and powers of the nearest relative.

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