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:

Current appeal system for those detained in England and Wales under the Mental Health Act needs reform

2018 ◽  
Vol 45 (3) ◽  
pp. 173-177
Author(s):  
Paul Gosney ◽  
Paul Lomax ◽  
Carwyn Hooper ◽  
Aileen O’Brien
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Current System ◽  
Clinical Approach ◽  
England And Wales ◽  
Mental Health Act ◽  
Psychiatric Conditions ◽  
The Individual ◽  
The Right

The approach to managing the involuntary detention of people suffering from psychiatric conditions can be divided into those with clinicians at the forefront of decision-making and those who rely heavily on the judiciary. The system in England and Wales takes a clinical approach where doctors have widespread powers to detain and treat patients involuntarily. A protection in this system is the right of the individual to challenge a decision to deprive them of their liberty or treat them against their will. This protection is provided by the First-tier Tribunal; however, the number of successful appeals is low. In this paper, the system of appeal in England and Wales is outlined. This is followed by a discussion of why so few patients successfully appeal their detention with the conclusion that the current system is flawed. A number of recommendations about how the system might be reformed are offered.

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.

Jurisprudential Aspects of the ‘Right’ to Retake Absconders from Mental Hospitals in England and Wales

1995 ◽  
Vol 35 (3) ◽  
pp. 225-230
Author(s):  
Benjamin Andoh
Keyword(s):  
Mental Health ◽  
Nineteenth Century ◽  
Social Workers ◽  
Mental Hospital ◽  
Hospital Staff ◽  
England And Wales ◽  
Mental Hospitals ◽  
Mental Health Act ◽  
Statutory Authority ◽  
The Right

Statutory authority for retaking absconders from mental hospitals has existed ever since county asylums (the forerunners of mental hospitals) were first built in the nineteenth century. Today under the Mental Health Act, 1983 that ‘right’ can be exercised by the police, mental hospital staff, approved social workers, etc. This article looks at jurisprudential aspects of that ‘right’. It points out that ‘right’ actually means ‘power’ (not ‘privilege’, ‘claim’ or ‘immunity’). In addition it argues that the Mental Health Act, 1983 does only confer a power (rather than impose a duty) to retake absconders from mental hospitals and that there should not be statutory or other imposition of such a duty.

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 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 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 Rise in the use of section 136 of the Mental Health Act 1983 in England and Wales: A viewpoint on Loughran (2018)

2019 ◽  
Vol 60 (2) ◽  
pp. 140-146 ◽  
Author(s):  
Mark Cresswell
Keyword(s):  
Mental Health ◽  
Recent Work ◽  
Theoretical Perspective ◽  
Causal Analysis ◽  
England And Wales ◽  
Mental Health Act ◽  
The Law

This article provides a critical viewpoint on Loughran’s recent work in Medicine, Science and the Law on the causes of the rise in the police’s use of section 136 (s136) of the Mental Health Act 1983 (Loughran M. Detention under section 136: why is it increasing? Med Sci Law 2018; 58: 268–274). The rate of this rise seems significant: by 2014, it was five times more likely that a person in England would be detained in a hospital under s136 than it was in 2000, and the trend has continued to the present day. This viewpoint considers the significance of the s136 rise from the theoretical perspective of causal analysis.

R v Westwood (Thomas): diminished responsibility and disposals under the Mental Health Act 1983

2021 ◽  
Vol 72 (2) ◽  
Author(s):  
Sean Mennim
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
England And Wales ◽  
Mental Health Act ◽  
Court Of Appeal ◽  
Diminished Responsibility

This is a commentary on R v Westwood (Thomas), where the Court of Appeal of England and Wales held that the judge had erred in assessing Westwood’s ‘retained responsibility’ as medium to high under the Sentencing Council Guideline for manslaughter by reason of diminished responsibility. Although the sentencing judge concluded that the offending was caused by Westwood’s anger, the Court of Appeal found the psychiatric evidence clearly indicated that the most significant factor was Westwood’s mental illness and that his anger at the time of the offence was a manifestation of his mental illness. Westwood’s responsibility was low, and it was appropriate to impose both a hospital and restriction order.  

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 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).

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