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Reform of the Mental Health Act 1983: implications of safety capacity and compulsion
- Author:
- CARR Julie
- Journal article citation:
- British Journal of Occupational Therapy, 64(12), December 2001, pp.590-594.
- Publisher:
- Sage
The Mental Health Act 1983 was written for a predominantly hospital-based service. The closure of mental health institutions reduced the number of inpatient beds available and created a community-based service. In November 1999, the report of the Expert Committee appointed to review the Act was published alongside the Government's Green Paper 'Reform of the Mental Health Act 1983: Proposals for Consultation' (Department of Health). The report advised that incapacity should be central to the recommendations for changing the existing legal framework. Despite the expression of concern by professional bodies and individuals, the Government chose to reject the notion of incapacity from the White Paper, 'Reforming the Mental Health Act' (DH2000). There is, however, a strong emphasis on the role of compulsions for the patient to accept treatment. This article discusses the issues of safety, capacity and compulsion covered by the White Paper, Reforming the Mental Health Act (DH 2000). Looks at the dilemmas for and impact on occupational therapists working with patients being treated under this Act.
Making our voices heard
- Author:
- STARK Ruth
- Journal article citation:
- Professional Social Work, March 2001, p.6.
- Publisher:
- British Association of Social Workers
Comments on two influential pieces of legislation for Scotland: the Millan Report and the Regulation of Care Bill.
Feeling the way: childhood mental illness and consent to admission and treatment
- Authors:
- FORD Tamsin, KESSEL Anthony .
- Journal article citation:
- British Journal of Psychiatry, 179, November 2001, pp.384-386.
- Publisher:
- Cambridge University Press
Editorial which summarises the history and legal framework of consent, and discusses the developmental issues affecting capacity, and the ethical and clinical implications in relation to children with psychiatric disorder.
Safeguard under threat?
- Author:
- LAURENT Claire
- Journal article citation:
- Community Care, 9.8.01, 2001, p.12.
- Publisher:
- Reed Business Information
Reports on how plans to end the role of approved social workers in consenting to a patient's company admission to hospital have provoked fears that an important safety net will be removed.
Detention under the Mental Health Act: balancing rights, risks and needs for services
- Authors:
- HATFIELD Barbara, ANTCLIFF Valerie
- Journal article citation:
- Journal of Social Welfare and Family Law, 23(2), May 2001, pp.135-153.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia, USA
Article identifies that increasing rates of detention through the 1990s in a particular region , disproportionately involve longer-term detentions (under section 3), men, and people with serious mental illnesses. Those detained are likely to experience social difficulties. Changes in legislation are imminent, and the article concludes that thought should be given to the amount of statutory intervention in the lives of seriously mentally ill people, and to the principle of reciprocity in relation to those coerced for lesser periods. Argues that services should seek to address the issues of social exclusion which are reflected in the circumstances of those detained.
Burden of proof
- Author:
- GLEDHIILL Kris
- Journal article citation:
- Mental Health and Learning Disabilities Care, 4(10), June 2001, p.352.
- Publisher:
- Pavilion
The Mental Health Act 1983 has faced and lost its first challenge from the Human Rights Act 1998. Reports how the 'reversed burden of proof' has been found to breach the Human Rights Act.
Research into the Mental Health Act: a qualitative study of the views of those using or affected by it
- Authors:
- MARRIOTT Sarah, et al
- Journal article citation:
- Journal of Mental Health, 10(1), February 2001, pp.33-39.
- Publisher:
- Taylor and Francis
- Place of publication:
- London
The study investigates opinions about the strengths and weaknesses of Parts II and X of the Mental Health Act (1983) and those affected by it. The study covers those directly and commonly involved with the Act (mental health nurses; approved social workers; general psychiatrists; MHA administrators; service users; their carers); those less directly affected (hospital managers; lawyers; general practitioners; policy makers; police surgeons and liaison officers; specialist psychiatrists); and organisations representing Groups 1 and 2. A range of qualitative research methods were used to gather data. The findings provide a valuable insight into views about how existing legislation is applied in practice. They suggest that a review of criteria and procedures for commitment is needed. More effective implementation of legislative policies and the reconfiguration of resources to support them are also needed.
Is there racial bias in clinicians' perceptions of the dangerousness of psychiatric patients: a review of the literature
- Author:
- SPECTOR Rachel
- Journal article citation:
- Journal of Mental Health, 10(1), February 2001, pp.5-15.
- Publisher:
- Taylor and Francis
- Place of publication:
- London
Reviews the evidence for the assertion that racial stereotyping influences mental health provision perceptions of the dangerous of psychiatric patients. As there is little literature which directly examines this, the review draws on studies examining the relationship between race and the use of coercion within the mental health system. The use of compulsory admission to hospital in Britain, and the use of seclusion and restraint in the US are examined. Alternative explanations of the over-representation of black men in the use of these procedures are discussed and the evidence of each explanation evaluated. The review concludes that there is some evidence in support of the assertion; that racial bias in perceptions of dangerousness influences patient management.
Compulsion fears stall support for white paper
- Author:
- WINCHESTER Ruth
- Journal article citation:
- Community Care, 11.1.01, 2001, pp.10-11.
- Publisher:
- Reed Business Information
Government plans to reform mental health legislation have been given a mixed reception. This article argues that support for measures to rationalise how services deal with different client groups have been tempered by concern from practitioners and service users about the question of compulsory treatment.
Reform of the role leads to independence worries
- Author:
- WELLARD Sarah
- Journal article citation:
- Community Care, 18.1.01, 2001, pp.10-11.
- Publisher:
- Reed Business Information
Approved social workers are facing major changes as part of the government's revamp of the mental health system, not least the loss of their exclusive role in compulsory treatment. Reports on tension growing between health and social care professionals.