This chapter begins with brief descriptions of the Mental Health Act 1983 (MHA) and the Mental Capacity Act 2005 (MCA), and then discusses who the insane; the complex relationship between mental illness and medicine; the statutory definition of mental disorder and the scope of the MHA; mental health care; and sources of mental health law.
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Chapter
This chapter examines the various ways in which a period of compulsion, whether in hospital or in the community, imposed under the terms of the Mental Health Act (MHA) 1983, can be brought to an end. The discussions cover the discharge of Part II patients from hospital, guardianship, or a community treatment order; discharge of Part III patients; mental health review tribunals; substantive powers of discharge; tribunal and decisions; and challenging tribunal decisions.
Chapter
This chapter examines the extent, scope, and current usage of the various powers by which some degree of compulsion can be imposed on a patient to accept services in the community. It discusses leave and recall; guardianship; community treatment orders; and after-care under s. 117 of the Mental Health Act 1983.
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This chapter examines whether the law provides adequate mechanisms for those brought under the mental health system to ensure that they are dealt with consistently with the substantive and procedural rules provided by the law, and whether sufficient recompense is available in the event that the standards are not complied with. The discussions cover review tribunals; judicial review; civil and criminal actions; the Mental Health Act (MHA) 1983 and the Deprivation of Liberty Safeguards; criminal prosecutions; civil actions for damages; complaint processes; the appointment of advocates to help people governed by the MHA 1983 and the Mental Capacity Act 2005; and representing people with mental disabilities.
Chapter
This chapter examines the role of the police, both as agents of the criminal justice system and as agents of the mental health system. It discusses the policy of diversion; police encounters with mentally disordered persons; the diversion of mentally disordered criminal suspects into an investigative regime with greater safeguards than are ordinarily implemented; and the meaning of ‘absent without leave’.
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This chapter first considers statistics on mental health in the UK. It then discusses the Mental Health Act (MHA) 1983; the MHA 1983 Code of Practice; reforms to the law under the 2007 Act; problems in mental health practice; critics of mental health; and paternalism as the ground for detention. It highlights the difficulty in striking the correct balance between protecting the public from the perceived threat of mentally disordered people and protecting the rights of those who suffer mental illness. The chapter also illustrates how the principle of autonomy, which plays such an important role in medical law and ethics, is given much less prominence in the area of mental health law.
Chapter
This chapter first considers statistics on mental health in the UK. It then discusses the Mental Health Act (MHA) 1983; the MHA 1983 Code of Practice; reforms to the law under the 2007 Act; problems in mental health practice; critics of mental health; and paternalism as the ground for detention. It highlights the difficulty in striking the correct balance between protecting the public from the perceived threat of mentally disordered people and protecting the rights of those who suffer mental illness. The chapter also illustrates how the principle of autonomy, which plays such an important role in medical law and ethics, is given much less prominence in the area of mental health law.
Chapter
This chapter begins with a sketch of the contemporary mental health system, and then discusses the rise and fall of asylum-based provision, the development of community care, and life inside a psychiatric facility. It argues that the mental health system will continue, as it always has done, to be framed in terms of the negotiation of a balance or compromise between our bi-focal response to mental disorder, prompted both by concern about the plight of fellow human beings and by a desire to control behaviour judged to be dangerous or antisocial.
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This chapter examines the powers of criminal courts to make a mental health-based disposal rather than relying on the options available within the criminal justice and penal system when faced with a mentally disordered person accused or convicted of a crime. It considers the practical shape of diversion policy, in terms of a series of decisions made by criminal courts, at the various stages of the criminal process, as to whether an accused or convicted person should remain within the criminal justice system or instead be diverted into the mental health system.
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A. M. Farrell and E. S. Dove
This chapter explores the law in relation to mental health, and the concepts and principles engaged in its justification and critique. It compares the statutory frameworks across the UK jurisdictions, focusing first on the involuntary treatment of mental health problems, the legal criteria for when these powers may be used, and limitations or safeguards placed on those powers. It then discusses the legal rules which allow decisions to be taken on behalf of adults found to lack capacity to make decisions for themselves, discussing recent trends in case law relating to capacity and best interests. This chapter also considers relevant human rights instruments and their impact on the legal framework, focusing on Article 5 ECHR (the right to liberty), its interpretation in UK law, the impact of the UK Supreme Court Cheshire West (2014) case, and the relationship between mental health law and the UN Convention on the Rights of Persons with Disabilities. The chapter concludes by discussing current programmes of reform in the area.
Chapter
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses mental health law in the UK. It begins with a brief history of mental health law and policy. This is followed by discussions of: admission to the mental health system; treatment of the mentally ill under the Mental Health Act 1983; Deprivation of Liberty Safeguards (DoLS) and Cheshire West, and Community Treatment Orders. It also looks at the implications of the Human Rights Act and the UN Convention on the Rights of Persons with Disabilities (UNCRPD) for mental health law. It also considers the conclusions of the Independent Review of the Mental Health Act 1983.
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This chapter examines treatment for mental disorder, and in particular treatment without consent. The discussions cover treatment outside the scope of the Mental Health Act 1983; statutory provisions for compulsory treatment of detained patients for mental disorder; involuntary treatment of detained patients for mental disorder; and the UN Convention on the Rights of Persons with Disabilities.
Chapter
This chapter begins with a brief history of mental health law and policy. It then covers admission to the mental health system and treatment of the mentally ill under the Mental Health Act 1983; Deprivation of Liberty Safeguards (DoLS), and Community Treatment Orders. It looks at the implications of the Human Rights Act and the UN Convention on the Rights of Persons with Disabilities (UNCRPD) for mental health law, and considers the government’s proposals for reform.
Book
Emily Jackson
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. Medical Law: Text, Cases, and Materials offers exactly what the title says—all of the explanation, commentary, and extracts from cases and key materials that students need to gain a thorough understanding of this complex topic. Key case extracts provide the legal context, facts, and background; extracts from materials, including from the most groundbreaking writers of today, provide differing ethical perspectives and outline current debates; and the author’s insightful commentary ensures that readers understand the facts of the cases and can navigate the ethical landscape to form their own understanding of medical law. Chapters cover all of the topics commonly found on medical law courses, including a separate chapter on mental health law. This new edition, thoroughly updated, includes: coverage of important new cases in all chapters, including Bawa-Garba v General Medical Council; Great Ormond Street Hospital for Children NHS Foundation Trust v Yates; Alder Hey Children's NHS Foundation Trust v Evans; Re (Northern Ireland Human Rights Commission's Application for Judicial Review); An NHS Trust v Y, and R (on the application of Conway) v Secretary of State for Justice; coverage of the new General Data Protection Regulation and the Independent Review of the Mental Health Act 1983.
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This chapter begins with an overview of the Mental Capacity Act 2005 (MCA 2005) followed by a discussion of the principles of the MCA 2005. It then explains the meaning of incapacity and best interests as defined in the MCA 2005,s and considers the provisions for advance decisions regarding treatment.
Chapter
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.
Chapter
This chapter discusses amendments to the Mental Capacity Act (MCA 2005), introduced in the Mental Health Act 2007, which are generally known as the Deprivation of Liberty Safeguards (DOLS). It begins with an overview of the DOLS and then considers the triggering issue for the applicability of the DOLS, namely whether there is a deprivation of liberty. The chapter outlines the six requirements for application of the DOLS: (i) age requirement; (ii) mental health requirement; (iii) mental capacity requirement; (iv) best interests requirement; (v) no refusals requirement; and (vi) eligibility.
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This chapter examines detention under the Mental Health Act 1983 of people who have not become involved with the criminal system. It shows that traditional justifications for detention have focused on dangerousness to self or others and the need for care and treatment. In recent years a new model has emerged, advocating the combination of mental capacity law and mental health law; and the new United Nations Convention on the Rights of Persons with Disabilities also raises a whole new set of questions about compulsion and detention.
Book
Peter Bartlett and Ralph Sandland
Written by two of the country's leading specialists in mental health law, Mental Health Law: Policy and Practice, fourth edition, provides a detailed overview of the law and the socio-legal, historical, sociological, and cultural issues that surround it. Mental health law, at its heart, involves the forcible confinement and medication of some of society's most vulnerable people, and the authors look closely at the legal and social issues raised by this, and the human rights of those who suffer from mental illness. With reference to recent cases and new legislation, the authors analyse the legal structure and functions of the mental health system, and the problems of characterizing mental health law. The case law and statutes contain implied premises as to what it is to be a citizen, what the role of the state is for the vulnerable, and what the relative roles of law and medicine are in the regulation of control and deviance. Mental health law is an area of considerable legal and social complexity, and the authors challenge readers to question the system and the policies that have been developed. New to this edition are a significant restructuring of the text to take account of changes in law, policy, and practice; and new and expanded coverage of various topics including the 2007 reforms to the 1983 Mental Health Act, DOLS and the MHA/MCA interface, and the UN Convention on the Rights of Persons with Disabilities.
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This chapter examines the delivery of community care services. It discusses services for mentally disordered persons; the entitlement, nature, and scope of the duties owed under the National Health Service and Community Care Act (NHSCCA 1990); alternative mechanisms for securing services; and the use of personal budgets and direct payments. The chapter argues that most of the time, local social service authorities and National Health Service bodies do cooperate reasonably well in the delivery of community care services, particularly for service users with learning disabilities. The draft the Care and Support Bill holds the potential to radically simplify the legal framework in which community care services are delivered, making the system more transparent and intelligible to both users and professionals. The increased use of personal budgets and direct payments could empower service users in a way that has not been possible in the past.
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