Use of Section 5(2) in clinical practice

1992 ◽  
Vol 16 (01) ◽  
pp. 14-16 ◽  
Author(s):  
Christina Pourgourides ◽  
V. P. Prasher ◽  
Femi Oyebode
Keyword(s):  
Mental Health ◽  
Clinical Practice ◽  
Psychiatric Hospitals ◽  
Annual Basis ◽  
Mental Health Act

The Mental Health Act (1983) came into being eight years ago but few studies into its use have been reported (West, 1987; Sackett, 1987). The Act provided for the setting up of the Mental Health Act Commission to safeguard the interests of detained patients and to monitor the use of the Act. The Commission visits ordinary psychiatric hospitals on an annual basis and writes a report of the visit. The Commission also submits a Biennial Report to Parliament. These reports address important issues but do not provide detailed information on the use of the various sections of the Act in differing hospitals.

The impact on clinical practice of the 2015 reforms to the New South Wales Mental Health Act

2016 ◽  
Vol 25 (1) ◽  
pp. 43-47 ◽  
Author(s):  
Christopher James Ryan ◽  
Sascha Callaghan
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Clinical Practice ◽  
Persons With Disabilities ◽  
Mental Health Act ◽  
Recovery Movement ◽  
South Wales ◽  
Management Plans ◽  
Decision Making Model ◽  
The Impact

Objectives: The Mental Health Act 2007 (NSW) ( MHA) was recently reformed in light of the recovery movement and the United Nations Convention on the Rights of Persons with Disabilities. We analyse the changes and describe the impact that these reforms should have upon clinical practice. Conclusions: The principles of care and treatment added to the MHA place a strong onus on clinicians to monitor patients’ decision-making capacity, institute a supported decision-making model and obtain consent to any treatment proposed. Patients competently refusing treatment should only be subject to involuntary treatment in extraordinary circumstances. Even when patients incompetently refuse treatment, clinicians must make every effort reasonably practicable to tailor management plans to take account of any views and preferences expressed by them or made known via friends, family or advance statements.

scholarly journals A survey of general hospital in-patients detained under Section 5(2) of the 1983 Mental Health Act

1996 ◽  
Vol 20 (12) ◽  
pp. 733-735 ◽  
Author(s):  
Christopher Buller ◽  
David Storer ◽  
Rachel Bennett
Keyword(s):  
Mental Health ◽  
General Hospital ◽  
Conversion Rate ◽  
Psychiatric Hospitals ◽  
Patient Characteristics ◽  
Rare Occurrence ◽  
General Hospitals ◽  
Code Of Practice ◽  
Mental Health Act

Detention of general hospital in-patients under Section 5(2) is a rare occurrence. This study of the use of Section 5(2) in general hospitals uncovered a frequent neglect in following the guidelines of The Mental Health Act and The Code of Practice. Surprisingly the conversion rate of Section 5(2) to Section 2 or 3 was similar to that seen in a number of other studies conducted in the quite different setting of large psychiatric hospitals. A number of patient characteristics were identified that appeared to influence whether 5(2)s were converted to an admission Section. Each general hospital needs to develop guidelines to be followed when staff feel that a patient should be detained under Section 5(2) – an example of such a policy is included.

Some legal problems surrounding psychosurgery

2019 ◽  
Vol 15 (3) ◽  
pp. 125-127
Author(s):  
John Finch
Keyword(s):  
Mental Health ◽  
Clinical Practice ◽  
Mental Health Act ◽  
Legal Problems ◽  
Law And Ethics ◽  
History Of ◽  
Special Concern

In this article John Finch considers the history of psychosurgery. He has written widely on law and ethics in clinical practice, and chaired the Mental Health Act Commission's committee on treatments of special concern.

scholarly journals Changing patterns in the use of the Mental Health Act 1983 in England, 1984–1996

2000 ◽  
Vol 176 (5) ◽  
pp. 479-484 ◽  
Author(s):  
Matthew Hotopf ◽  
Sharon Wall ◽  
Alec Buchanan ◽  
Simon Wessely ◽  
Rachel Churchill
Keyword(s):  
Mental Health ◽  
Hospital Admissions ◽  
Psychiatric Hospitals ◽  
Home Office ◽  
Mental Health Act ◽  
Department Of Health ◽  
Changing Patterns ◽  
Prison Populations ◽  
Psychiatric Beds ◽  
Near Future

BackgroundThe Mental Health Act 1983 (MHA) is due to be revised by Parliament in the near future.AimsTo explore changes in the use of the Act since its introduction.MethodThe Department of Health and the Home Office routinely collect data on the numbers of patients admitted to psychiatric hospitals under the MHA. We present absolute figures, by year, for the total numbers admitted under each section of the Act. We used the total psychiatric hospital admissions and total prison populations as denominator data.ResultsFormal admissions rose from 16 044 in 1984 to 26 308 in 1996, a 63% increase. Admissions under the MHA have increased as a proportion of all admissions. The increase is mainly accounted for by changes in the use of Part II of the Act, in particular sections 2 and 3. The use of forensic sections (Part III) has also increased, with a marked increase of sections 47 and 48. Use of Part X of the Act (sections 135 and 136) declined in the late 1980s but rose again in the 1990s.ConclusionsFormal admissions are more common than they were in 1984, despite there being fewer psychiatric beds. This is probably due to changes in the provision of psychiatric services, and changing societal pressures on psychiatrists away from libertarianism and towards coercion.

scholarly journals The Mental Health Act 1983

1999 ◽  
Vol 23 (9) ◽  
pp. 534-536 ◽  
Author(s):  
Vijay Bhatti ◽  
Jeremy Kenney-Herbert ◽  
Rosemarie Cope ◽  
Martin Humphreys
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Clinical Practice ◽  
Random Sample ◽  
Clinical Implications ◽  
The West ◽  
Mental Health Act ◽  
West Midlands

Aims and methodA one-in-five random sample (n=104) of practitioners approved under Section 12(2) of the Mental Health Act 1983 in the West Midlands was selected. Opinions were sought on issues relating to current law and potential reform.ResultsEighty-three (80%) doctors were interviewed. Over half (52%) stated that the term ‘mental illness' in the Act was unsatisfactory. Two-thirds (68%) specified the need for a review of legislation relating to treatment in the community.Clinical implicationsThere was a diversity of views. This is likely to be reflected in the clinical practice of those interviewed. Many respondents believed that there was a need for reform in specific areas of the Act.

scholarly journals The Indonesian Mental Health Act: psychiatrists’ views on the act and its implementation

2020 ◽  
Author(s):  
Annemieke P Bikker ◽  
Cokorda Bagus Jaya Lesmana ◽  
Niko Tiliopoulos
Keyword(s):  
Mental Health ◽  
Clinical Practice ◽  
Local Level ◽  
Healthcare Providers ◽  
Mental Healthcare ◽  
Implementation Process ◽  
Structured Interview ◽  
Evidence Base ◽  
Political Issue ◽  
Mental Health Act

Abstract In 2014, the Indonesian government passed the Mental Health Act (MHA) to address the country’s complex mental health situation. The implementation of the MHA has been slow, and little is known about how the MHA is perceived by mental healthcare providers within local settings. This study aimed to obtain insight into psychiatrists’ views on the MHA, including on how it affected their clinical practice and on challenges of translating the MHA into practice. The study was conducted in Bali, and 27 psychiatrists (15 men and 12 women) participated in a semi-structured interview. Thematic analysis indicated four overarching themes: raising the profile of mental health, developing a shared understanding of mental illness, integrating psychiatric practice with other services and views on implementation of the MHA into practice. Overall, the psychiatrists viewed the MHA as a step in the right direction to improve mental health services and to create awareness at local and national levels. However, there was consensus that the meaning of the MHA’s concepts of mental problems and disorders were not compatible with psychiatric everyday practice or their patients’ understandings. As a result, many assumed that the MHA was targeted at government and policy officials. Furthermore, there was a perceived lack of clarity on issues relating to collaborating with other services and unequal access to resources among regencies that impacted on their clinical practice in a negative way. Moreover, a few psychiatrists raised concerns that local beliefs and practices were not acknowledged in the MHA. According to the participants, mental health remained a highly political issue and without national support, mental health would remain a low priority. In conclusion, insights into providers’ perspectives contribute to developing an evidence-base that can inform the implementation process of the MHA in Indonesia, and possibly elsewhere, into local level guidelines and regulations.

scholarly journals Mental health law in Denmark

2012 ◽  
Vol 9 (4) ◽  
pp. 88-90 ◽  
Author(s):  
Mette Brandt-Christensen
Keyword(s):  
Mental Health ◽  
Psychiatric Hospitals ◽  
Legal Rights ◽  
Compulsory Treatment ◽  
Health Law ◽  
Compulsory Admission ◽  
Trial Period ◽  
Mental Health Law ◽  
Mental Health Act ◽  
Definition Of

In Denmark, the parliament passed the first Mental Health Act (MHA) in 1938. A new Act was passed in 1989, based on a thorough report from the Ministry of Justice. The 1989 Act emphasised the protection of citizens' legal rights in relation to compulsory admission, detention and treatment in psychiatric hospitals. That Act is still in operation, although it has been amended several times. In 2006 the definition of ‘compulsion’ was changed, and a 2010 amendment introduced compulsory treatment in the community for a trial period of 4 years.

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