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Government proposals to close the Bournewood gap
- Authors:
- CURRAN Christopher, GRIMSHAW Catherine, DEERY Anthony
- Journal article citation:
- Openmind, 142, November/December 2006, pp.24-25.
- Publisher:
- MIND
The authors explain the government's proposals to address some of the issues required to close the 'Bournewood Gap'. The safeguards are for people who lack capacity and are deprived of their liberty but do not receive mental health legislation safeguards. The principles of the Mental Capacity Act will apply, including the requirement to act in the best interests of the incapacitated person and in the least restrictive manner.
Children and the use of mental health powers: the impact of the draft Mental Health Bill 2002 on children
- Author:
- CHILDREN'S LEGAL CENTRE
- Publisher:
- Children's Legal Centre
- Publication year:
- 2004
- Pagination:
- 28p.
- Place of publication:
- Colchester
About 260 young people are detained on adult psychiatric wards each year. This is a substantial proportion of all young people detained under mental health law. The government argues that levers of service management should be used to create enough adolescent beds for all adolescents who need to be detained, freeing up adult beds. Children compelled under the Bill will have ongoing educational and family needs, as well as aftercare needs. Many compelled adults are parents who have family needs. Meeting these needs are important to a patient and his / her recovery. Many children are capable of understanding the treatment that is proposed, weighing it in the balance, and coming to even major decisions. Unless they prefer to leave it to their parents, they should be allowed to consent to, or refuse, treatment to the same extent as an adult. However, the government proposes to leave the common law position in place for children under 16. This would mean that a parent can consent ‘on behalf of’ a capable child, albeit with the new and welcome safeguards.
A good choice for mental health: mental health in the mainstream; working paper three
- Author:
- RANKIN Jennifer
- Publisher:
- Institute for Public Policy Research
- Publication year:
- 2005
- Pagination:
- 23p.
- Place of publication:
- London
In mental health, the choice agenda has had a different evolution to the development of choice in the rest of the NHS. This paper proceeds in three parts. Part 1 provides an overview of choice in the NHS and choice in relation to mental health. It considers how the nature of choice in mental health might differ from choice elsewhere in the health service. Part 2 charts the uneven transition of mental health services from a default position of no or little choice, towards a greater role for people’s preferences. It offers an assessment of people’s current choices or lack of choices in recovery options. While this paper is focused on choice in the context of health and social care, it argues that choice cannot be isolated in these services. The principle of choice goes hand in hand with the drive towards greater social inclusion for people with mental health problems. Finally Part 3 outlines the core principles for promoting choice in mental health, as well as the conditions necessary to support choice in practice.
Nurse, there's a fly on my wall
- Author:
- EATON Lynn
- Journal article citation:
- Nursing Times, 4.2.98, 1998, p.16.
- Publisher:
- Nursing Times
Reports on how a television documentary filmed on a psychiatric ward has led to protest from mental health groups and nurses worried about the patients' ability to give informed consent.
Ethics in community mental health care
- Author:
- BACKLAR Patricia
- Journal article citation:
- Community Mental Health Journal, 32(4), August 1996, pp.321-325.
- Publisher:
- Springer
Discusses the difficulty in assessing decision-making capacities of people with mental health problems; to ensure that they are able to give authentic autonomous informed consent to, or refusal of, health care treatment.
Issues in the development of advance directives in mental health care
- Authors:
- ATKINSON Jacqueline, et al
- Journal article citation:
- Journal of Mental Health, 12(5), October 2003, pp.463-474.
- Publisher:
- Taylor and Francis
- Place of publication:
- London
Interest in advance directives in mental health care is growing internationally. There is no clear universal agreement as to what such an advance directive is or how it should function. The aim was to describe the range of issues embodied in the development of advance directives in mental health care. The literature on advance directives is examined to highlight the pros and cons of different versions of advance directive. Themes emerged around issues of terminology, competency and consent, the legal status of advance directives independent or collaborative directives and their content. Opinions vary between a unilateral legally enforceable instrument to a care plan agreed between patient and clinician. There is immediate appeal in a liberal democracy that values individual freedom and autonomy in giving weight to advance directives in mental health care. They do not, however, solve all the problems of enforced treatment and early access to treatment. They also raise new issues and highlight persistent problems.
Ethics of 'informed consent' in dementia research: the debate continues
- Authors:
- AGARWAL Manoj R., et al
- Journal article citation:
- International Journal of Geriatric Psychiatry, 11(9), September 1996, pp.801-806.
- Publisher:
- Wiley
The Law Commission has recently proposed a legal test of capacity to consent to treatment. Consent to treatment in phase three trials in Alzheimer's Disease is usually obtained from both the subject and a carer or next of kin. This article examines the relevance of the Law Commission recommendations in accessing informed consent from early dementia sufferers and their carers subjected to a double-blind, placebo-controlled trial of a potentially therapeutic agent. Asks whether a single 'test' for informed consent, with stringent criteria, is likely to impede future research activity in dementia patients. Also argues that the role and involvement of carers in the decision-making process need to be considered so that subjects are not unnecessarily excluded.