scholarly journals Taking Stock

2014 ◽  
pp. 111
Author(s):  
Brenda Hale
Keyword(s):  
Mental Health ◽  
Social Workers ◽  
Mental Capacity ◽  
Health Law ◽  
Huge Amount ◽  
Code Of Practice ◽  
Mental Health Act ◽  
Codes Of Practice ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act

<p>We shall be reflecting on the experience of the three recent upheavals in mental health and mental capacity law – the <em>Mental Capacity Act 2005</em>, most of which came into force on 1 October 2007, accompanied by a Code of Practice; the <em>Mental Health Act 2007</em> amendments to the <em>Mental Health Act 1983</em>, most of which came into force on 3 November 2008, accompanied by its two Codes of Practice; and the <em>Mental Health Act 2007</em> amendments to the <em>Mental Capacity Act 2005</em>, bringing in the so-called deprivation of liberty safeguards or DOLS, on 1 April this year, together with another Code of Practice. That is a huge amount of new law for us all to get to grips with. Things have changed a great deal since I first started teaching Mental Health Law to social workers and psychiatrists in this very City in 1971 – nearly 40 years ago.</p>

scholarly journals Foreword

2014 ◽  
Vol 1 (16) ◽  
pp. 128
Author(s):  
John Horne
Keyword(s):  
Mental Health ◽  
Domestic Violence ◽  
Social Workers ◽  
Professional Role ◽  
Mental Capacity ◽  
Service Users ◽  
Mental Health Act ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act ◽  
Health Field

<p>On 19th July 2007, the Mental Health Act 2007 received the Royal Assent. The 2007 Act amends the Mental Health Act 1983, the Mental Capacity Act 2005 and the Domestic Violence, Crime and Victims Act 2004.</p><p>For those engaged in the mental health field, be it as lawyers, doctors, nurses, social workers or in some other professional role, or as service users, carers or family members, there is a great deal to take on board before most of these provisions are implemented on the intended date of October 2008. Much of the contents of this issue of the JMHL will hopefully assist readers who need to get to grips with the changes ahead.</p>

scholarly journals Foreword

2014 ◽  
Vol 1 (17) ◽  
pp. 5
Author(s):  
John Horne
Keyword(s):  
Mental Health ◽  
Health Education ◽  
Social Care ◽  
Mental Capacity ◽  
Health Law ◽  
Academic Journals ◽  
Mental Health Act ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act ◽  
Health Review

<p>As readers will be only too aware, the 3rd November 2008 will see the coming into effect of most of the amendments made by the Mental Health Act 2007 to the Mental Health Act 1983. It is also the date on which the Mental Health Review Tribunal becomes one of the new First-tier tribunals within the Health, Education and Social Care Chamber consequent to the provisions of the Tribunals, Courts and Enforcement Act 2007. With the publication of numerous regulations and lengthy Codes, the implementation of the Deprivation of Liberty (formerly a/k Bournewood) safeguards still scheduled to take effect in April 2009, and the Mental Capacity Act 2005 having not yet been in force for even a year, these are very demanding (and interesting) times for all those working in the field covered by mental health law.</p><p>There is so much to be considered and written about, but of course potential authors (particularly at this time) have many other pressing demands made of them, in addition to any requests editors of academic journals may make. Fortunately some have found the time to write for this issue of the JMHL.</p>

Mental Health Law

2018 ◽  
pp. 127-140
Author(s):  
Anthony Holland ◽  
Elizabeth Fistein ◽  
Cathy Walsh
Keyword(s):  
Mental Health ◽  
Mental Capacity ◽  
Health Interventions ◽  
Family Context ◽  
Clinical Settings ◽  
Health Law ◽  
Legal Basis ◽  
Legal Principles ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act

Mental health is everyone’s concern, an idea epitomized by the campaign tag line of the Royal College of Psychiatrists, ‘No Health Without Mental Health’. This chapter will demonstrate how an understanding of a patient’s mental health within his/her social and family context is central to clinical practice. We will consider the legal basis for the treatment of mental ill-health and how it can complicate the treatment of physical illness and lead to ethical and legal concerns. The general legal principles that govern health interventions are explored, and two specific statutes for England and Wales—the Mental Capacity Act 2005 and the Mental Health Act 1983 (as amended 2007)—are both considered in some detail. It will be shown how a sound appreciation of the clinical issues, an understanding of the law, and an ability to apply that law in clinical settings are essential when faced with situations involving mental ill-health.

8. Mental health

2021 ◽  
pp. 134-155
Author(s):  
Jo Samanta ◽  
Ash Samanta
Keyword(s):  
Mental Health ◽  
Mental Health Disorders ◽  
Mental Capacity ◽  
Community Treatment ◽  
Legal Reforms ◽  
Code Of Practice ◽  
Mental Capacity Act 2005 ◽  
Health Disorders ◽  
Mental Capacity Act ◽  
Discharge From Hospital

This chapter focuses on statutory provisions governing mental health and mental health disorders, with particular reference to the Mental Health Act 1983 and the Mental Capacity Act 2005. It first outlines modern approaches to mental disorders, including legal reforms and the MHA 1983 Code of Practice (2015). It considers the main routes by which patients are admitted to the mental health system (voluntary or involuntary), deprivation of liberty, including Cheshire West and the proposed liberty protection safeguards, and the issue of consent with regards to medical treatment. Finally, the chapter discusses community care that must be provided to people with mental health disorders following discharge from hospital, particularly aftercare and supervised community treatment orders. Relevant cases are considered.

scholarly journals Changes to the Mental Health and Mental Capacity Acts: implications for patients and professionals

2009 ◽  
Vol 33 (6) ◽  
pp. 226-230 ◽  
Author(s):  
Ian Hall ◽  
Afia Ali
Keyword(s):  
Mental Health ◽  
Work Load ◽  
Mental Capacity ◽  
Community Treatment ◽  
Mental Health Act ◽  
Mental Capacity Act 2005 ◽  
User Groups ◽  
Treatment Changes ◽  
Mental Capacity Act

SummaryThe new Mental Health Act 2007 for England and Wales has introduced substantial amendments to the 1983 Mental Health Act and has also amended the Mental Capacity Act 2005. Most provisions came into effect in November 2008. the introduction of supervised community treatment, changes to professional roles such as the role of ‘responsible clinician’, and the introduction of deprivation of liberty safeguards in the Mental Capacity Act are discussed. Many of the new safeguards in the Act are welcomed by clinicians and service user groups. However, other changes are more controversial and could potentially lead to an increase in the work load of clinicians.

Mental health law

2015 ◽  
Keyword(s):  
Mental Health ◽  
Brain Injuries ◽  
Ethical Issues ◽  
Mental Capacity ◽  
Health Law ◽  
Mental Health Law ◽  
People With Mental Illness ◽  
Mental Capacity Act 2005 ◽  
Legal Frameworks ◽  
Mental Capacity Act

This chapter gives an overview of mental health law. Whilst focusing on the legal specifics in England and Wales, the underlying ethical issues extend to all jurisdictions. It explains the duties that law places on health systems and clinicians to support patients to make decisions about their own health. However, it also explains the legal frameworks in place for children and people with mental illness, brain injuries, learning disabilities, dementia, or personality disorder who may require clinicians to decide their health care. Basic concepts of the Mental Health Act 1983, the Mental Capacity Act 2005, and the Children Act 1989 are described, and parts of the law that psychiatrists need to know are presented concisely and in psychiatric context. The chapter includes a practical approach to mental capacity assessment.

Assessing mental capacity and making decisions

2019 ◽  
Vol 15 (4) ◽  
pp. 187-189 ◽  
Author(s):  
John Finch
Keyword(s):  
Mental Health ◽  
Mental Capacity ◽  
England And Wales ◽  
Mental Health Act ◽  
Mental Capacity Act 2005 ◽  
History Of ◽  
Mental Capacity Act

John Finch, a legal member of the Mental Health Act Commission for England and Wales from its creation by statute in 1983 until 1991, takes a fresh look at the uncomfortable history of the Mental Capacity Act 2005 and asks whether the Act has served any useful purpose.

Mental capacity assessments in secure care: an unnecessary complication?

2009 ◽  
Vol 33 (12) ◽  
pp. 461-464
Author(s):  
Ashimesh Roychowdhury
Keyword(s):  
Mental Health ◽  
Best Practice ◽  
Mental Capacity ◽  
Code Of Practice ◽  
Mental Health Act ◽  
Secure Care ◽  
Clinical Scenarios ◽  
Clinical Thinking ◽  
Mental Capacity Act ◽  
The Impact

SummaryThis is a review of the key criteria and implications of the Mental Capacity Act 2005 for patients in forensic care detained under the Mental Health Act 1983. Both Acts were amended by the Mental Health Act 2007 and its subsequent Code of Practice; the impact of these changes will be explored here. Through review of the Code of Practice and hypothetical clinical scenarios, I argue that capacity judgements in mental disorder are inherently complex, unreliable and inextricably linked to risk assessment, and that an overemphasis on capacity when making decisions about patient management in secure care can paradoxically obscure the more central issue of risk and proportionality. the key clinical implication is a call for secure services to be balanced in how they adopt best practice principles from the new Mental Capacity Act so that the spirit of the Act, such as valuing patient autonomy, is preserved and that the debate about what practices in secure care are truly proportionate and justified remains at the forefront of clinical thinking.

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