scholarly journals Lessons from export to New Zealand of the second opinion appointed doctor scheme

2015 ◽  
Vol 39 (2) ◽  
pp. 69-73
Author(s):  
John Dawson ◽  
Paul Glue ◽  
Pete M. Ellis ◽  
Jessie Lenagh-Glue ◽  
David Goldsmith ◽  
...  
Keyword(s):  
Mental Health ◽  
New Zealand ◽  
Legal Framework ◽  
Second Opinion ◽  
Clinical Implications ◽  
Compulsory Treatment ◽  
National Agency ◽  
Demographic Profile ◽  
Equivalent Scheme ◽  
Patients Rights

Aims and methodWe compared findings of an audit of New Zealand's version of the second opinion appointed doctor (SOAD) scheme with published information on the equivalent scheme for England and Wales, to consider what might be learnt from the different jurisdictions' experience.ResultsStrong similarities exist between the two schemes in the demographic profile of individuals subject to the SOAD process and rates of approval of compulsory treatment. The clearer legal framework for the English scheme and its supervision by an independent national agency may offer significant advantages in terms of consistency and transparency, compared with the informal, decentralised structure of New Zealand's scheme.Clinical implicationsClinicians may not always favour greater formality or elaborate national structures for administering the Mental Health Act, but there are advantages in promoting clarity and consistency in a mandatory statutory process designed to protect compulsory patients' rights.

scholarly journals Consultant child and adolescent psychiatrists' knowledge of and attitude to the use of legislation concerning young people with psychiatric disorder

2003 ◽  
Vol 27 (10) ◽  
pp. 367-370 ◽  
Author(s):  
Alex Mears ◽  
Richard White ◽  
Paul Lelliott
Keyword(s):  
Mental Health ◽  
Young People ◽  
Psychiatric Disorder ◽  
Child And Adolescent ◽  
Legal Framework ◽  
Legal Issues ◽  
Clinical Implications ◽  
Questionnaire Form ◽  
Main Message ◽  
Better Than

Aims and MethodThis study aimed to examine in-patient child and adolescent consultant psychiatrists' knowledge of and attitude to the Mental Health Act 1983 (MHA), the Children Act 1989 and issues around consent. A questionnaire form was sent to all in-patient consultants in England and Wales.ResultsThe consultants who responded (n=51, 67%) reported a desire for more training in legal issues. Knowledge of the MHA was better than for the Children Act 1989; those who used the MHA at least once every 6 months scored more correct answers to questions about the MHA than did those who used it less frequently or never.Clinical ImplicationsAlthough the study indicates specific gaps in knowledge, the main message is that training should consider the legal framework as a whole, with an emphasis on practical issues about its application in the in-patient setting.

scholarly journals Capacity, compliance and electroconvulsive therapy (ECT): the practice of ECT among consultant psychiatrists

2006 ◽  
Vol 30 (1) ◽  
pp. 13-15 ◽  
Author(s):  
Richard Law-Min ◽  
John Patrick Stephens
Keyword(s):  
Mental Health ◽  
Clinical Practice ◽  
Electroconvulsive Therapy ◽  
Best Practice ◽  
Response Rate ◽  
Common Law ◽  
Good Practice ◽  
Legal Framework ◽  
Clinical Implications ◽  
Clinical Vignettes

Aims and MethodThe aim of this study was to seek the views of consultant psychiatrists on the legal framework they would use when considering treatment with electroconvulsive therapy (ECT). A questionnaire, consisting of three clinical vignettes, was sent to 70 consultants in the Wessex rotation (East Dorset/Hampshire region).ResultsA total of 56 questionnaires were returned; a response rate of 80%. Most consultant psychiatrists agree when giving ECT to capacitated and non-consenting patients. However, there was a lack of consensus when dealing with seemingly incapacitated but compliant patients.Clinical ImplicationsMore clarification in this area is needed. Trusts can assist clinicians by devising their own policies based on nationally agreed standards of best practice. The treatment of mentally incapacitated but compliant patients is an area of practice where uncertainty exists. If proceeding under common law in such cases, it is good practice to discuss with relatives/carers and obtain a second opinion from a consultant colleague. The most recent Bournewood judgement and the new Mental Health Bill will have further implications for clinical practice.

A One Year Analysis of Appeals Made to Mental Health Review Tribunals in New Zealand

1995 ◽  
Vol 29 (4) ◽  
pp. 661-665 ◽  
Author(s):  
T. A. O'Brien ◽  
G. W. Mellsop ◽  
K. P. McDonald ◽  
C. B. Ruthe
Keyword(s):  
Mental Health ◽  
New Zealand ◽  
Compulsory Treatment ◽  
Legal Representation ◽  
Discharge Rates ◽  
Maximum Delay ◽  
Special Cases ◽  
Assessment And Treatment ◽  
One Year ◽  
Health Review

Objectives: The aim of the paper is to present data on the first year of all appeals lodged with a Mental Health Review Tribunal against compulsory treatment orders of psychiatric inpatients. Method: Two tribunals have been in operation in New Zealand since the introduction of a new Mental Health (Compulsory Assessment and Treatment) Act in 1992. The case records of all patients who had appeals heard by either the Northern or Southern regional tribunal from 16/12/92 to 7/12/93 inclusive were examined. Results: 145 appeals were heard by the tribunals: 14.5% of appeal hearings resulted in the discharge of a patient from their compulsory treatment status. Discharge rates for the Southern Tribunal were found to be significantly higher at 22%, compared with 10% for the Northern Tribunal (p<0.05). Application for appeal was initiated by the patient in 72% of cases; District Inspectors initiated the remaining cases. District Inspectors were found to initiate significantly more female review applications (47%) than male applications (22%) (p<0.05). Of the appeals heard, 126 were lodged under s.79 of the Mental Health Act. The remaining cases were s.80 (special) cases: in no case was discharge from compulsory treatment recommended. Overall, 69% of appellants were represented by a lawyer. It was found however that engaging legal representation did not significantly increase patients' chances of successful discharge but did delay the hearings. Also considered in the study were the presence or absence of witnesses at hearings and the relationship this had to the outcome of the tribunal hearing. Conclusions: Ambiguities within the Act need to be addressed in order that criteria used to judge a patient's fitness for discharge may be standardised. In addition, the Act stipulates a maximum delay of 14 days in reviewing a patient's case; however in practice a mean of 22 days elapses, indicating that this stipulation requires review.

scholarly journals Mental health law in New Zealand

2016 ◽  
Vol 13 (2) ◽  
pp. 43-45 ◽  
Author(s):  
Ian Soosay ◽  
Rob Kydd
Keyword(s):  
Mental Health ◽  
New Zealand ◽  
Modern State ◽  
Compulsory Treatment ◽  
Health Law ◽  
Mental Health Legislation ◽  
Assessment And Treatment ◽  
History Of ◽  
Constitutional Protections ◽  
Health Legislation

New Zealand has an established history of mental health legislation that sits within a framework of human rights, disability and constitutional protections. We outline a brief history of mental health legislation in New Zealand since its inception as a modern state in 1840. The current legislation, the Mental Health (Compulsory Assessment and Treatment) Act 1992, defines mental disorder and the threshold for compulsory treatment. We describe its use in clinical practice and the wider legal and constitutional context which psychiatrists need to be aware of in their relationships with patients.

scholarly journals Factors affecting the practice of seclusion in an acute mental health service in Southland, New Zealand

2012 ◽  
Vol 36 (6) ◽  
pp. 214-218 ◽  
Author(s):  
Stephen Tyrer ◽  
Jay Beckley ◽  
Digvijay Goel ◽  
Brian Dennis ◽  
Brenda Martin
Keyword(s):  
Mental Health ◽  
New Zealand ◽  
Mental Health Service ◽  
Health Service ◽  
Demographic Data ◽  
Psychiatric Ward ◽  
Clinical Implications ◽  
Duration Of Treatment ◽  
Factors Affecting ◽  
Factors Associated

Aims and methodThis study examined the frequency of seclusion intervention and factors associated with its use in the acute general adult psychiatric ward serving the Southland area of New Zealand. Details of the use of seclusion and relevant demographic data were collected over a 12-month period in 2007–2008.ResultsDuring the study period there were 30 seclusion episodes involving 23 patients. The median duration of seclusion was 17 hours. The duration of seclusion was found to be inversely related to the treatment received during the period of isolation. Most patients under seclusion had a diagnosis of psychosis, and the nature of this was directly related to the Mental Health Act order applied.Clinical implicationsThe duration of seclusion in this study is long but compares with a similar study from elsewhere in New Zealand. The duration of treatment while in seclusion could be reduced if optimal treatment is given.

scholarly journals Mental illness, journalism investigation and the law in Australia and New Zealand

2011 ◽  
Vol 17 (1) ◽  
pp. 90-101 ◽  
Author(s):  
Mark Pearson
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
New Zealand ◽  
Justice System ◽  
Compulsory Treatment ◽  
The Public ◽  
Treatment Regimes ◽  
The People ◽  
Societal Problem ◽  
Legal Restrictions

Mental illness, its terminologies, definitions, voluntary and compulsory treatment regimes, and its interface with the criminal justice system are defined and regulated remarkably differently across the 10 Australian and New Zealand jurisdictions. This presents a legislative and policy nightmare for the investigative journalist attempting to explain the workings of the mental health system or follow a case, particularly if the individual’s life has taken them across state or national borders. This article considers the extent to which legal restrictions on identification and reportage of mental health cases in Australia and New Zealand inhibit the pursuit of ‘bloodhound journalism’—the persistent pursuit of a societal problem and those responsible for it. It recommends the development of resources assisting journalists to navigate the various mental health regulatory regimes. It also calls for the opening of courts and tribunals to greater scrutiny so that the public can be better educated about the people affected by mental illness and the processes involved in dealing with them, and better informed about the decisions that deprive their fellow citizens of their liberty.

scholarly journals Consultant child and adolescent psychiatrists' knowledge of and attitude to the use of legislation concerning young people with psychiatric disorder

2003 ◽  
Vol 27 (10) ◽  
pp. 367-370 ◽  
Author(s):  
Alex Mears ◽  
Richard White ◽  
Paul Lelliott
Keyword(s):  
Mental Health ◽  
Young People ◽  
Psychiatric Disorder ◽  
Child And Adolescent ◽  
Legal Framework ◽  
Legal Issues ◽  
Clinical Implications ◽  
Questionnaire Form ◽  
Main Message ◽  
Better Than

Aims and Method This study aimed to examine in-patient child and adolescent consultant psychiatrists' knowledge of and attitude to the Mental Health Act 1983 (MHA), the Children Act 1989 and issues around consent. A questionnaire form was sent to all in-patient consultants in England and Wales. Results The consultants who responded (n=51, 67%) reported a desire for more training in legal issues. Knowledge of the MHA was better than for the Children Act 1989; those who used the MHA at least once every 6 months scored more correct answers to questions about the MHA than did those who used it less frequently or never. Clinical Implications Although the study indicates specific gaps in knowledge, the main message is that training should consider the legal framework as a whole, with an emphasis on practical issues about its application in the in-patient setting.

PASIFIKA FUTURES WHĀNAU ORA: F’INE – Nurturing the Future for Pasifika LGBTQI

2019 ◽  
Vol 21 (4) ◽  
Author(s):  
Saneta Manoa ◽  
Phylesha Brown-Acton ◽  
Tatryanna Utanga ◽  
Seini Jensen
Keyword(s):  
Mental Health ◽  
New Zealand ◽  
Poor Mental Health ◽  
Depression And Anxiety ◽  
The Future ◽  
Specific Provider

F’INE Aotearoa, through Pasifika Futures Whānau Ora programme, is supporting Pacific Lesbian, Gay, Bisexual, Transgender, Queer and Intersex (LGBTQI) individuals and their families to transform their lives and achieve their aspirations.  The LGBTQI community in New Zealand experience significant disadvantage across a range of areas affecting wellbeing, including higher rates of poor mental health, depression and anxiety 1,2,3. For Pacific LGBTQI, the disadvantages are compounded further.  F’INE, an LGBTQI specific provider in New Zealand, is working to change this.

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