scholarly journals Who can best protect patients' rights?

2000 ◽  
Vol 24 (10) ◽  
pp. 366-367 ◽  
Author(s):  
Patricia Gregory
Keyword(s):  
Mental Health ◽  
Hospital Managers ◽  
Patients Rights ◽  
Mental Health Act ◽  
Health Review

The Mental Health Act (MHA) 1983 created three tiers: national, regional and local, for protecting the rights of patients under section, the Mental Health Act Commission (MHAC), the mental health review tribunals (MHRTs) and the hospital managers. Although the Act was in many ways revolutionary, there have been a number of criticisms about the structures it created.

A Guide to Relevant Sections of the Mental Health Act 1983

1984 ◽  
Vol 47 (1) ◽  
pp. 4-6 ◽  
Author(s):  
D L Martin ◽  
Gordon Muir Giles
Keyword(s):  
Mental Health ◽  
Occupational Therapists ◽  
Patients Rights ◽  
Mental Health Act ◽  
Consent To Treatment ◽  
Health Review

This article provides a guide to those sections of the Mental Health Act 1983 which are relevant to occupational therapists. Amendments to the previous Acts are specified under the headings of applications of the Act, admission procedures, powers of the courts and Home Secretary, and consent to treatment. The duties of the Mental Health Act Commission and the Mental Health Review Tribunal are also outlined. The authors conclude that the Act embodies more stringent criteria to safeguard patients' rights.

scholarly journals Trends in mental health review tribunal and hospital managers' hearings in north-east London 1997–2007

2009 ◽  
Vol 33 (1) ◽  
pp. 15-17 ◽  
Author(s):  
Dhananjay Kumar Singh ◽  
Joanna Moncrieff
Keyword(s):  
Mental Health ◽  
Marital Status ◽  
Demographic Variables ◽  
Clinical Implications ◽  
Hospital Managers ◽  
The Past ◽  
Mental Health Act ◽  
North East ◽  
Health Review

Aims and MethodTo examine trends in appeals to mental health review tribunals and hospital managers' panels in a hospital covering two outer London boroughs from 1997 to 2007. Data were also used to explore associations between demographic variables, including ethnicity, and the results of appeal hearings.ResultsThe number of detentions under Mental Health Act Sections 2, 3 and 37 rose from 203 in 1996 to 279 in 2006. the percentage of these that went to appeal increased from 34% to 81% during the same period. However, there was no observed trend in the result of the appeals. the results were not associated with gender, ethnicity, marital status, age or the section involved; 12% of appeals were successful.Clinical ImplicationsThe study shows rising use of the Mental Health Act over the past 10 years and an increasing volume of appeals against its use. Since appeals are no more likely to result in discharge, the increased use of the Mental Health Act is not balanced by increased rates of discharge by review hearings. the study also demonstrates the rising workload for all involved in appeal hearings.

R (on the application of H) v London North and East Region Mental Health Review Tribunal [2001] EWCA Civ 415, Court of Appeal

2020 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Public Law ◽  
Mental Health Act ◽  
East Region ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Court Of Appeal ◽  
Health Review

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of H) v London North and East Region Mental Health Review Tribunal [2001] EWCA Civ 415, Court of Appeal. This case concerned whether the language of ss 72–73 of the Mental Health Act 1983 could be read in such a way as to be compatible with the Human Rights Act 1998 (HRA), under s. 4 of that Act, or whether such an interpretation was not possible. In the latter case the court should consider making a declaration of incompatibility. This note explores s. 4 HRA declarations of incompatibility. The document also includes supporting commentary from author Thomas Webb

The law

2009 ◽  
pp. 459-498
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Compulsory Admission ◽  
Sexual Offences ◽  
Disability Discrimination ◽  
Mental Health Act ◽  
Assessment And Treatment ◽  
Human Rights Act ◽  
Disability Discrimination Act ◽  
Health Review

Mental Health Act 1983 460 Mental Health Act 2007 462 Compulsory admission to hospital for assessment and treatment 464 Emergency holding powers 466 Mental Health Review Tribunals 468 The Mental Health Act Commission 470 Sexual Offences Act 472 Disability Discrimination Act 2005 474 Human Rights Act ...

The frequency of references to decision-making capacity in reports to the NSW Mental Health Review Tribunal did not change after legislative reforms that promoted them

2020 ◽  
Vol 28 (2) ◽  
pp. 171-174
Author(s):  
Tim Foley ◽  
Christopher J Ryan
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Education Campaign ◽  
Mental Health Act ◽  
Decision Making Capacity ◽  
Before And After ◽  
Legislative Reforms ◽  
The Impact ◽  
Health Review

Objective: To assess the impact of a 2015 reform to the Mental Health Act 2007 (NSW) ( MHA) that was interpreted as requiring a reference to decision-making capacity (DMC) in reports to the NSW Mental Health Review Tribunal (MHRT). Method: A sample of reports to the MHRT were audited for references to the MHA’s treatment criteria and DMC in periods before and after the reforms, and the frequency of references between the two periods was compared. Results: The frequency of references to DMC did not change significantly after the reforms. (However, references to the ‘least restriction’ criterion increased markedly between the two periods). Conclusion: Despite legislative reforms and a supporting education campaign promoting the importance of consideration of DMC, references to DMC did not increase after the reforms.

scholarly journals Mental health review tribunals

1998 ◽  
Vol 22 (11) ◽  
pp. 711-712
Author(s):  
Zena Muth
Keyword(s):  
Mental Health ◽  
Mental Health Act ◽  
Health Review

The power and responsibility of mental health review tribunals are set out in section 65 et seq. of Part V of the Mental Health Act 1983. Tribunals are independent judicial bodies which were first established under the Mental Health Act 1959. They are charged, when requested, with reviewing the cases of patients compulsorily detained under the provisions of that legislation.

scholarly journals A new appraisal of Mental Health Review Tribunals

1989 ◽  
Vol 13 (6) ◽  
pp. 299-300 ◽  
Author(s):  
A. T. Grounds
Keyword(s):  
Mental Health ◽  
Psychiatric Patients ◽  
Civil Liberties ◽  
Home Office ◽  
The Public ◽  
Mental Health Act ◽  
European Court ◽  
The Right ◽  
Prime Function ◽  
Health Review

Mental Health Review Tribunals were introduced in the Mental Health Act (1959) to safeguard psychiatric patients against unjustified detention in hospital. The powers of tribunals form “an important part of the fabric of civil liberties” (Wood, 1974). However, in exercising their prime function of preventing unjust detention, tribunals in practice also have to take into account patients' clinical needs and the protection of the public. Further weight was added to this complex burden of decision making following a judgement by the European Court of Human Rights in 1981 which upheld the right of all detained patients to a periodic judicial review of their detention. As a result of this judgement the Mental Health Act (1983) extended tribunal powers to include the release of offender patients sentenced by Crown courts and given hospital orders with restrictions on discharge. Such individuals may have been convicted of grave criminal offences, and their discharge or transfer from hospital would otherwise require the consent of the Home Office.

The Effect of Clinical Judgment in Decision-Making: The Mental Health Act 1986 (Vic.) and the Mental Health Review Board

2006 ◽  
Vol 8 (1) ◽  
pp. 43-53
Author(s):  
Megan Pearson
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Clinical Judgment ◽  
Mental Health Act ◽  
Health Review

This article seeks to critically examine whether the reliance upon clinical judgment in decision-making under the Mental Health Act 1986 (Vic.) (MHA) and the Mental Health Review Board (MHRB) assists or hinders Parliament’s key objective in passing the current MHA in 1986: least restrictive treatment.

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