scholarly journals The Best is the Enemy of the Good: The Mental Health Act 2001 (Part 2)

2014 ◽  
pp. 7
Author(s):  
Anselm Eldergill
Keyword(s):  
Mental Health ◽  
Republic Of Ireland ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
Previous Edition ◽  
Consent To Treatment ◽  
The Republic ◽  
Treatment Procedures ◽  
Health Legislation

<p>This is the second of two articles examining the Mental Health Act 2001, the main piece of mental health legislation in the Republic of Ireland. The first article, published in the previous edition of the journal, dealt with the new admission, detention, leave and transfer provisions2. This concluding article examines the new safeguards: the Mental Health Commission and the new tribunal and consent to treatment procedures.</p><p><br />Contents<br />§1 Consent to treatment<br />§2 Mental Health Commission<br />§3 Mental Health Tribunals<br />§4 Concluding remarks</p>

scholarly journals The Best is the Enemy of The Good: The Mental Health Act 2001

2014 ◽  
Vol 1 (17) ◽  
pp. 21
Author(s):  
Anselm Eldergill
Keyword(s):  
Mental Health ◽  
Republic Of Ireland ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
Consent To Treatment ◽  
The Republic ◽  
Treatment Procedures ◽  
Health Legislation

<p>This article examines the Mental Health Act 2001, which is now the main piece of mental health legislation in the Republic of Ireland. The new Mental Health Tribunal system came into force on 1 November 2006, and the Act is now fully in force. The article is being published in two parts. This part deals with the new admission, detention, leave and transfer provisions. The second part, in the next issue of the Journal, examines the new safeguards: the Commission and the tribunals, and the consent to treatment procedures.</p>

scholarly journals Mental health legislation in the Philippines: Philippine Mental Health Act

2019 ◽  
Vol 16 (03) ◽  
pp. 65-67 ◽  
Author(s):  
John Lally ◽  
Rene M. Samaniego ◽  
John Tully
Keyword(s):  
Mental Health ◽  
Mental Healthcare ◽  
The Philippines ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
History Of ◽  
The Republic ◽  
Comprehensive Framework ◽  
Health Legislation

The first mental health act legislation in the history of the Philippines has been officially signed into law and was enacted as the Republic Act no. 11036 on 21 June 2018. It provides a rights-based mental health bill and a comprehensive framework for the implementation of optimal mental healthcare in the Philippines. We review the principles and provisions of the Mental Health Act of 2017 and the implications for mental healthcare in the Philippines.

Mental Health Law and the Occupational Therapist

1988 ◽  
Vol 51 (9) ◽  
pp. 307-311
Author(s):  
Bridgit Dimond
Keyword(s):  
Mental Health ◽  
Occupational Therapist ◽  
Health Law ◽  
Compulsory Admission ◽  
Mental Health Law ◽  
Mentally Disordered ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
Consent To Treatment ◽  
Health Legislation

The occupational therapist is increasingly likely to be concerned with the care of mentally disordered people. Some provisions of the Mental Health Act 1983 affect him/her directly. This article discusses some of the most important provisions of the mental health legislation, in particular compulsory admission, consent to treatment provisions, the duties of the manager to inform the patient and the definition and powers of the nearest relative.

scholarly journals Mental Health Act reform

1999 ◽  
Vol 23 (10) ◽  
pp. 578-581 ◽  
Author(s):  
Trevor Turner ◽  
Mark Salter ◽  
Martin Deahl
Keyword(s):  
Mental Health ◽  
Medical Profession ◽  
Medical Model ◽  
Chief Executive ◽  
Radical Change ◽  
Medical Decision ◽  
Mental Health Act ◽  
Consent To Treatment ◽  
Mental Treatment ◽  
Health Legislation

Psychiatrists have been complaining about mental health legislation for over a century (Smith, 1891), usually in terms of the delays engendered, paperwork and bureaucracy, and the impositions on clinical practice. As a result they have gained more powers, and perhaps much-needed status within the medical profession, to the concern of some commentators (e.g. Fennell, 1996). Thus, the ‘triumph of legalism’ (Jones, 1993) of the Lunacy Act 1890 was modified by the Mental Treatment Act 1930, whereby outpatients and voluntary patients were encouraged and ‘asylums' became ‘mental hospitals'. Then came the radical change of the Mental Health Act (MHA) 1959, making compulsory detention an essentially medical decision and removing the routine of the courts, but retaining a theme of requiring ‘treatment in hospital’. The Mental Health Act 1983, however, was a touch anti-medical, since it strengthened the role of the approved social worker (ASW) and enhanced the importance of a patient's consent to treatment. “The primacy of the medical model and the paramountcy of the psychiatrist are certainly subject to greater limitations and external review”, was the opinion of William Bingley, then Mind's Legal Director, now Chief Executive of the Mental Health Act Commission – reviewing the Act in its early days (Bingley, 1985).

scholarly journals Mental health legislation in Egypt

2012 ◽  
Vol 9 (3) ◽  
pp. 64-66 ◽  
Author(s):  
Nasser Loza ◽  
Mohamed El Nawawi
Keyword(s):  
Mental Health ◽  
Psychiatric Services ◽  
Code Of Practice ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
Recent Developments ◽  
History Of ◽  
Health Legislation

This paper first briefly reviews the history of psychiatric services in Egypt. It then details the legislation in place during the last years of the Mubarak regime and goes on to set out recent developments, in particular the Code of Practice introduced for the Mental Health Act of 2009.

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 Ethnicity and outcome of appeal after detention under the Mental Health Act 1983

2009 ◽  
Vol 33 (8) ◽  
pp. 288-290 ◽  
Author(s):  
Ramin Nilforooshan ◽  
Rizkar Amin ◽  
James Warner
Keyword(s):  
Mental Health ◽  
Ethnic Groups ◽  
Ethnic Differences ◽  
Success Rates ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
Black Caribbean ◽  
Chi Squared ◽  
Health Legislation ◽  
The Relationship

Aims and MethodThere is insufficient research into the relationship between ethnicity and appeals against detention under mental health legislation. We sought to identify rates and success of appeals in different ethnic groups through a retrospective analysis of all detentions under the Mental Health Act 1983 over 1 year.ResultsWe found high rates of appeals overall, with substantial differences between ethnic groups (36 (39%) White British compared with 71 (63%) Black Caribbean (P = 0.0001) and 21 (68%) White Irish (P = 0.01) individuals (Yates corrected chi-squared)). Success rates on appeal were very low in all groups.Clinical ImplicationsThere are significant ethnic differences in appeals against detention under the Mental Health Act.

scholarly journals Australia's mental health legislation

2013 ◽  
Vol 10 (2) ◽  
pp. 38-40
Author(s):  
Kenneth C. Kirkby ◽  
Scott Henderson
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Health Law ◽  
International Treaty ◽  
Mental Health Law ◽  
Mental Health Act ◽  
International Trends ◽  
Strong Emphasis ◽  
Mental Health Legislation ◽  
Health Legislation

Australia has a generally progressive approach to mental health law, reflective of international trends in human rights. Responsibility for most legislation is vested in the six States and two Territories, a total of eight jurisdictions, such that at any given time several new mental health acts are in preparation. In addition there is a model mental health act that promotes common standards. Transfer of orders between jurisdictions relies on Memoranda of Understanding between them, and is patchy. State and Territory legislation is generally cognisant of international treaty obligations, which are themselves the preserve of the Federal Parliament and legislature. UK legislation has had a key influence in Australia, the 1959 Mental Health Act in particular, with its strong emphasis on voluntary hospitalisation, prefacing deinstitutionalisation.

scholarly journals In relative danger? The outcome of patients discharged by their nearest relative from sections 2 and 3 of the Mental Health Act

2003 ◽  
Vol 27 (02) ◽  
pp. 50-54
Author(s):  
Philip Shaw ◽  
Matthew Hotopf ◽  
Anthony Davies
Keyword(s):  
Mental Health ◽  
Clinical Outcome ◽  
Poor Clinical Outcome ◽  
Retrospective Case ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
Assessment And Treatment ◽  
The Right ◽  
Health Legislation ◽  
Control Cohort Study

Aims and Method Among the proposed changes in the current review of mental health legislation in England and Wales is the abolition of the right of the nearest relative to discharge patients from assessment and treatment orders (Sections 2 and 3 of the Mental Health Act 1983). We aimed to determine the clinical outcome of patients whose nearest relative applies for discharge. A retrospective case–control cohort study in a south London NHS Trust of 51 patients successfully discharged by their nearest relative and 33 patients whose nearest-relative applications were blocked by the treating psychiatrist on the grounds of ‘dangerousness'. Results Patients discharged from section by their nearest relative did not differ significantly from controls in all the measures of clinical outcome examined. Clinical Implications This study suggests that discharges by the nearest relative against psychiatric advice are not associated with a poor clinical outcome.

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