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Book Full text available online for free

Cross border transfers, cross border absconding and cross border visits under mental health law: a factsheet for practitioners

Author:
MENTAL WELFARE COMMISSION FOR SCOTLAND
Publisher:
Mental Welfare Commission for Scotland
Publication year:
2009
Pagination:
5p.
Place of publication:
Edinburgh

The Commission receives frequent calls on cross-border issues. These relate to planned transfers of patients, cross-border visits and cross-border absconding. Often professionals have difficulty accessing the correct statutory legislation and guidance detailing the information they require. This fact sheet outlines the appropriate sections of the legislation, the regulations and the Scottish Government guidance which relates to cross-border issues and provides links to these under the relevant section for ease of access.

Book

The Mental Health Act explained

Authors:
DOLAN Bridget, POWELL Debra
Publisher:
Stationery Office
Publication year:
2000
Pagination:
291p.
Place of publication:
London

This guide aims to make accessible every Point of Law in the Mental Health Act 1983. It consists of the complete text of the Act, in Section sequence, with each clause followed, unless self explanatory, by notes written by experts in the field. It therefore covers: hospital admission, patients concerned in criminal proceedings or under sentence, consent to treatment, mental health review tribunals, removal and return of patients within the UK, management of property and affairs of patients, and miscellaneous functions and supplemental provisions.

Book Full text available online for free

A criminal use of police cells? The use of police custody as a place of safety for people with mental health needs

Authors:
HM INSPECTORATE OF CONSTABULARY, et al
Publisher:
HM Inspectorate of Constabulary
Publication year:
2013
Pagination:
59
Place of publication:
London

This joint inspection by Her Majesty‟s Inspectorate of Constabulary (HMIC); Her Majesty‟s Inspectorate of Prisons (HMIP); the Care Quality Commission (CQC); and Healthcare Inspectorate Wales (HIW) examines the extent to which police custody is used as a place of safety under section 136 of the Mental Health Act 1983. The inspection wanted to examine why, despite guidance, codes of practice, and recommendations made in earlier studies, police custody continues to be used so frequently. It also focused on partnership and multi-agency working and how effective the police service and health partners are in working together recording and monitoring the use of section 136; and how data are collected, used and shared between partners. The report also considers training and staff awareness of policies and procedures regarding the use of section 136; and the perspectives of those detained under section 136 and their views on their time in police custody. Fieldwork took place during May and June 2012, and comprised inspection of seven police forces (Kent; Lancashire; Leicestershire; Norfolk; North Wales; Suffolk; and Sussex), two Metropolitan Police boroughs (Bromley and Lewisham), and the associated mental health trusts. The report recommends that Codes of Practice should be be amended to bring down detention time to a maximum of 24 hours in police custody. Once this period has elapsed, any assessments which are needed should be undertaken in a hospital. The Mental Health Act 1983 should be amended to remove a police station as a place of safety for those detained under section 136, except on an exceptional basis. (Original abstract)

Journal article

The Mental Health Act 2001, Irish and European law, and the contribution they make towards protecting the rights of people in relation to involuntary admission to psychiatric hospitals in Ireland

Author:
JOY Brid
Journal article citation:
Irish Social Worker, Autumn 2012, pp.20-25.
Publisher:
Irish Association of Social Workers

For many years Irish law was reluctant to conform to international laws in relation to the treatment of persons with a mental disorder. This changed with the implementation of the 2001 Mental Health Act. The 2001 Mental Health Act helped to bring Irish mental health law into conformity with the European Convention for the protection of human rights and assisted in giving fundamental freedoms to individuals involuntarily admitted. This article examines the current rights individuals involuntarily admitted to psychiatric institutions have in Ireland, and how the laws serve to protect these individuals. It focuses particularly on the effects the 2001 Mental Health Act is having these rights and looks at how the European Convention on Human Rights (ECHR) acts as a protective force for those who are involuntarily admitted in Ireland. It concludes that, while there are some criticisms of the laws protecting those involuntarily admitted in Ireland, there have also been considerable positive developments.

Book

Crossing the acts: the support and protection of adults at risk with mental disorder: across the Scottish legislative frameworks

Author:
KEENAN Tom
Publisher:
British Association of Social Workers
Publication year:
2011
Place of publication:
Birmingham

Many adults with a mental disorder need access to care and treatment and adequate support and protection. However, the tenet of this work is that adults at risk with mental disorder require a dedicated and, sometimes, a specialist approach to support and protection; primarily because their needs and risks are particular and can be complex in nature. A response to risk in many cases may need access to a comprehensive range of legislative provisions and a broad and, sometimes, specialist framework of care and support. This book explores the risks of adults with a mental disorder and how the relative Scottish legislation, policy and practice frameworks interrelate to provide them with support and protection. The book explores the dilemmas, difficulties and deliberations, for those who protect and support adults at risk with mental disorder in Scotland across the various Acts.

Book

Training workbook for mental health administrators

Author:
NATIONAL INSTITUTE FOR MENTAL HEALTH IN ENGLAND
Publisher:
National Institute for Mental Health in England
Publication year:
2008
Pagination:
20p.
Place of publication:
London

The aims of this workbook are to enable administrators to become familiar with the amendments to the Mental Health Act 1983 made by the Mental Health Act 2007 and to familiarise themselves with the new statutory forms, Code of Practice and Reference Guide, to reinforce the confidence they need to carry out their duties effectively, to provide an understanding of Supervised Community Treatment and the use of the powers underpinning it, to maintain administrators' ability to offer guidance to other professionals and hospital managers, and to enable them to carry out their duties under the legislation. The workbook covers the background to the legislation and guiding principles, the nine key changes (definition of mental disorder, criteria for detention, age appropriate services, professional groups and new ways of working, nearest relative, advocacy services, electroconvulsive therapy safeguards, Supervised Community Treatment, and referrals to the tribunal), statutory form and other changes, hospital managers' functions and power of discharge, and self-assessment.

Book Full text available online for free

Social circumstances reports: good practice guidance on the preparation of social circumstances reports for mental health officers and managers

Author:
MENTAL WELFARE COMMISSION FOR SCOTLAND
Publisher:
Mental Welfare Commission for Scotland
Publication year:
2009
Pagination:
13p.
Place of publication:
Edinburgh

The Mental Health (Care and Treatment) (Scotland) Act 2003 introduced significant changes relating to the statutory provision of Social Circumstances Reports (SCRs). The Mental Welfare Commission welcomed these changes, which have resulted in an increase of over 50% in the provision of SCRs compared to the number provided under the 1984 Act. The Mental Welfare Commission is concerned about the lack of a strategic approach among most local authorities to assist Mental Health Officers (MHOs) in determining when an SCR should be provided. MHOs need a framework to assist them when using their discretion about whether or not an SCR is produced. The Mental Welfare Commission has identified this area of practice as one where practitioners and managers continue to have difficulty in achieving consistency in the circumstances in which service users, Responsible Medical Officers (RMOs) and the Mental Welfare Commission could expect a report to be prepared. The Mental Welfare Commission has therefore consulted relevant stakeholders and produced guidance on best practice that aims to be of use to practitioners and managers when considering the preparation of a Social Circumstances Report. This guidance may also be of interest to service users, carers, RMOs and advocates.

Journal article

English mental health policy under New Labour

Authors:
PILGRIM David, RAMON Shulamit
Journal article citation:
Policy and Politics, 37(2), April 2009, pp.273-288.
Publisher:
Policy Press

This article reviews the changes in mental health policy in England under the jurisdiction of New Labour governments between 1997 and 2007. These are considered in relation to recurring policy questions about: the structures and processes involved in responding to mental health problems; professional jurisdiction for mental health problems; the conditions under which mental disorder should be lawfully controlled; links with wider health and welfare policy changes; and the enhancement of mental health in the population. Distinctions are made in the analysis between continuities about this policy agenda and the particular features linked to the period under consideration, initiated or responded to by government.

Book Full text available online for free

Revealed: MPs' attitudes to mental health and the Mental Health Bill

Author:
RETHINK
Publisher:
Rethink
Publication year:
2007
Pagination:
10p.
Place of publication:
London

This report draws on a survey of English MPs attitudes to Mental Health and the Mental Health Bill which was conducted in May 2006. The survey was complete by 72 English MPs (28% Conservative, 54% Labour and 9% Liberal Democrats). Key findings include: 77% of MPs think the Bill should be focused on improving service provision; 90% of MPs said constituents raise concerns about local mental health services – but only 6% mention public safety; 10% of MPs have personally experienced mental illness. The more personal experience MPs have of mental illness, the more likely it is that they opposed the draft Mental Health Bill.

Book

Understanding treatment without consent: an analysis of the work of the Mental Health Act Commission

Editors:
SHAW Ian, MIDDLETON High, COHEN Jeffrey, (eds.)
Publisher:
Ashgate
Publication year:
2007
Pagination:
130p.
Place of publication:
Aldershot

The authors examine the work of the Mental Health Act Commission (MHAC), established to ensure the care and rights of people subjected to the various sections of the 1983 Mental Health Act. The book emerges from a Department of Health funded research project, which analysed the data held by the MHAC and informed the government's review of the Mental Health Act. The authors include that analysis and other issues that arose from the project in the pages of this text, but their aim is to go beyond that research project, and to offer a broader exploration of mental health provision in both historical and contemporary contexts, discussing whether mental health reforms have learned the lessons of history. The book is designed to complement earlier work on treatment without consent by Phil Fennell, by providing a more policy-oriented account of mental health law and regulation in the context of health service modernization, discussing contemporary issues facing the MHAC and looking at its future role and, in particular, its planned merger with the Health Care commission in 2008.

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