scholarly journals Before and after: introduction of the Mental Health (Care and Treatment) (Scotland) Act 2003

2007 ◽  
Vol 31 (10) ◽  
pp. 374-377 ◽  
Author(s):  
Helen Smith ◽  
Tom White
Keyword(s):  
Mental Health ◽  
Health Care ◽  
De Novo ◽  
Clinical Implications ◽  
Royal Hospital ◽  
Mental Health Legislation ◽  
Before And After ◽  
Adult Psychiatry ◽  
Health Legislation ◽  
The Impact

Aims and MethodThe aim of the study was to assess the impact of the introduction of new mental health legislation in October 2005 on general adult psychiatry admissions. Patients were included in the study if they were admitted to Murray Royal Hospital, Perth from December 2004 to July 2005 and December 2005 to July 2006.ResultsFewer patients were detained but they were more likely to progress to longer-term detentions. Overall detained patients remained in hospital for shorter periods.Clinical ImplicationsThe change in de novo detention procedures reduced the number of de novo detentions. The new power to enforce medication in the community may have contributed to the reduced length of detention in hospital.

scholarly journals Medical certification of incapacity in guardianship applications: conceptualising capacity

2016 ◽  
Vol 40 (1) ◽  
pp. 41-44
Author(s):  
Tom C. Russ ◽  
Alison Thomson ◽  
Donald Lyons
Keyword(s):  
Mental Health ◽  
Older Adults ◽  
Due Process ◽  
Clinical Implications ◽  
Medical Practitioners ◽  
Medical Certification ◽  
Mental Health Legislation ◽  
Medical Reports ◽  
Definition Of ◽  
Health Legislation

Aims and methodTo examine how capacity is recorded in practice and compare this with the statutory definition, medical reports accompanying a random 10% sample (183 applications; 360 reports) of guardianship applications granted in 2011–2012 were examined.ResultsClinicians did not explicitly use the statutory definition of capacity in 47.5% of reports. Over half of applications (56.4%) did not explicitly link the powers sought with the patient's vulnerabilities; such a link was less common in older adults (P = 0.0175).Clinical implicationsGuardianship orders can justify deprivation of liberty. Therefore it is important that such cases involve a thorough assessment of the person and that due process is followed, including adherence to the statutory definition of capacity. Practice could be improved by altering the paperwork required of medical practitioners, in line with mental health legislation. In addition, these findings should inform current legislation reform.

Out to Pasture: A Case for the Retirement of Canadian Mental Health Legislation

1993 ◽  
Vol 12 (1) ◽  
pp. 37-55 ◽  
Author(s):  
Robert M. Gordon
Keyword(s):  
Mental Health ◽  
Health Care ◽  
Treatment Strategies ◽  
Treatment Decision ◽  
Legal Framework ◽  
Consumer Involvement ◽  
Treatment Decision Making ◽  
Mental Health Legislation ◽  
Care And Treatment ◽  
Health Legislation

The emergence of new adult guardianship and related legislation and systems in British Columbia, Ontario, and other jurisdictions has generated questions about the utility of separate mental health legislation. Mental health statutes are the descendents of legislation that once created and regulated separate institutions and systems for the insane (later known as the mentally diseased and, more recently, the mentally ill). Such legislation is no longer consistent with the dominant community care and treatment strategies in the mental health field and the growing trend to recognize and respect consumer involvement in care and treatment decision making. Emerging legislation in the guardianship field makes provision for a range of options and mechanisms that can replace separate mental health statutes (e.g., general consent to health care legislation, and provision for enduring powers of attorney of the person and Ulysses agreements) and produce a new and more effective legal framework for the provision of mental health care and treatment.

Use of the Mental Health (Scotland) Act (1984) in south Glasgow

2003 ◽  
Vol 27 (4) ◽  
pp. 141-144 ◽  
Author(s):  
John R. Taylor ◽  
K. B. Idris
Keyword(s):  
Mental Health ◽  
Information System ◽  
Psychotic Disorders ◽  
Clinical Implications ◽  
Cross Sectional Survey ◽  
Cross Sectional ◽  
Hand Search ◽  
Health Officer ◽  
Mental Health Legislation ◽  
Health Legislation

Aims and MethodA cross-sectional survey of the use of the Mental Health (Scotland) Act 1984 in a defined urban area. Patients initially detained under civil sections (Sections 24, 25, 26 and 18) between 1 April 1997 and 31 March 1998 were identified using the hospital information system and a hand search of section papers.ResultsThere were 283 detentions involving 204 patients that lasted a median of 6 days. A total of 98% of patients were initially detained on a 72-hour ‘emergency section’. A total of 61% had non-organic psychotic disorders (172/283). Less than half of detentions were during the working week. Consent was usually provided by the mental health officer or relatives, but was not provided for 11% of detentions. Patients detained after admission were more likely to be detained for a longer period (29 v. 3 days) and to have their detention extended over 72 hours (64% v. 41%) compared with those detained in the community.Clinical ImplicationsThis paper provides information on some of the gaps identified by recent reviews of mental health legislation in Scotland and discusses the possible impact of the changes proposed by the Millan Committee. The workload of general adult consultant psychiatrists is likely to increase and the proportion of patients detained without consent could also increase. The study supports the differentiation of patients detained after admission from those detained in the community, as the patterns of detention are different.

Attitudes and experiences of nursing staff to the Mental Health Act 2001: lessons for future mental health legislation

2014 ◽  
Vol 31 (2) ◽  
pp. 83-87 ◽  
Author(s):  
A. M. Doherty ◽  
F. Jabbar ◽  
B. D. Kelly
Keyword(s):  
Mental Health ◽  
Nursing Staff ◽  
Cross Sectional Survey ◽  
Cross Sectional ◽  
Mental Health Act ◽  
Clinical Nursing ◽  
Mental Health Legislation ◽  
Paper Work ◽  
Health Legislation ◽  
The Impact

ObjectivesThe Mental Health Act 2001 was implemented in 2006 to bring Ireland into line with international practice and United Nations Conventions on Human Rights. Previous studies have reported some practical difficulties for the professionals involved. We wished to examine the experiences of nursing staff and the impact of the Act on clinical nursing practice since its implementation.MethodThis cross-sectional survey was conducted by questionnaire. It contained questions examining training in and attitudes to the Act, and any resultant changes in nursing practise.ResultsA total of 317 questionnaires were returned. Of the nurses, 92% reported having received training in the Act, and 56% of nursing staff believed that their workload had increased as a result of the change in legislation. Of those who made a comment, 76.5% were negative, with increased paper work, lack of clarity and an excessive focus on legalities being the most common difficulties reported.ConclusionsNursing staff have shown mixed attitudes to the Mental Health Act 2001, but many of the difficulties encountered are similar to those experienced by other professionals.

scholarly journals Jurisdiction of Mental Health Tribunals to Provide Positive Remedies: Application, Challenges, and Prospects

2012 ◽  
Vol 57 (2) ◽  
pp. 267-298
Author(s):  
Joaquin Zuckerberg
Keyword(s):  
Mental Health ◽  
Health Care ◽  
Civil Rights ◽  
Mentally Ill ◽  
Policy Makers ◽  
Adequate Care ◽  
Mental Health Legislation ◽  
The Right ◽  
Health Legislation ◽  
State Interference

Modern mental health legislation protects the civil rights of the mentally ill by limiting the scope of permissible state interference with an individual’s autonomy. It also generally sets up mental health tribunals in charge of reviewing compliance with parts of the legislation. However, the legislation does not generally address the right to adequate mental health care. The latter (or its lack thereof) has increasingly become a source of debate among scholars and policy makers. The right to adequate care is increasingly being seen as the sine qua non of the civil rights of the mentally ill. This article explores recent Canadian jurisprudence dealing with the power of administrative tribunals to address constitutional and quasi-constitutional claims, and questions whether such power could give rise to a claim for adequate health care before mental health tribunals. It argues that, subject to some limited circumstances where mental tribunals have been given certain discretion to factor adequate care into their decisions, the recent Canadian jurisprudence does not significantly modify the limited remedies available before mental health tribunals.

scholarly journals Patients' experiences of assessment and detention under mental health legislation: systematic review and qualitative meta-synthesis

BJPsych Open ◽  
2019 ◽  
Vol 5 (3) ◽  
Author(s):  
Syeda Ferhana Akther ◽  
Emma Molyneaux ◽  
Ruth Stuart ◽  
Sonia Johnson ◽  
Alan Simpson ◽  
...  
Keyword(s):  
Mental Health ◽  
Negative Impact ◽  
Patient Experiences ◽  
Bibliographic Databases ◽  
Emotional Impact ◽  
Reference List ◽  
Policy And Practice ◽  
Mental Health Legislation ◽  
Health Legislation ◽  
The Impact

Background Understanding patient experiences of detention under mental health legislation is crucial to efforts to reform policy and practice. Aims To synthesise qualitative evidence on patients' experiences of assessment and detention under mental health legislation. Method Five bibliographic databases were searched, supplemented by reference list screening and citation tracking. Studies were included if they reported on patient experiences of assessment or detention under mental health legislation; reported on patients aged 18 years or older; collected data using qualitative methods; and were reported in peer-reviewed journals. Findings were analysed and synthesised using thematic synthesis. Results The review included 56 papers. Themes were generally consistent across studies and related to information and involvement in care, the environment and relationships with staff, as well as the impact of detention on feelings of self-worth and emotional state. The emotional impact of detention and views of its appropriateness varied, but a frequent theme was fear and distress during detention, including in relation to the use of force and restraint. Where staff were perceived as striving to form caring and collaborative relationships with patients despite the coercive nature of treatment, and when clear information was delivered, the negative impact of involuntary care seemed to be reduced. Conclusions Findings suggest that involuntary in-patient care is often frightening and distressing, but certain factors were identified that can help reduce negative experiences. Coproduction models may be fruitful in developing new ways of working on in-patient wards that provide more voice to patients and staff, and physical and social environments that are more conducive to recovery. Declaration of interest None.

scholarly journals Measuring the impact of revised mental health legislation on human rights in Queensland, Australia

2020 ◽  
Vol 73 ◽  
pp. 101634 ◽  
Author(s):  
Neeraj S. Gill ◽  
Andrew Amos ◽  
Hassan Muhsen ◽  
Joshua Hatton ◽  
Charuka Ekanayake ◽  
...  
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Mental Health Legislation ◽  
Health Legislation ◽  
The Impact
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