Includes the provisions of the Mental Health Act 1983; implications of cases arising from it; subsequent changes in the legislation; and the new Mental Health (Patients in the Community) Act 1995.
Includes the provisions of the Mental Health Act 1983; implications of cases arising from it; subsequent changes in the legislation; and the new Mental Health (Patients in the Community) Act 1995.
Subject terms:
law, mental health, mental health law, mental health problems;
Brings together essential material from a wide range of sources. The fourth edition includes revised Code of Practice under the Act, the first three Practice Notes issued by the Mental Health Act Commission and a number of recently published circulars on the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 and the recall of restricted patients. Incorporates changes made to the law by the Children Act 1989, National Health Service and Community Care Act 1990 and the Courts and Legal Services Act 1990 along with numerous statutory instruments.
Brings together essential material from a wide range of sources. The fourth edition includes revised Code of Practice under the Act, the first three Practice Notes issued by the Mental Health Act Commission and a number of recently published circulars on the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 and the recall of restricted patients. Incorporates changes made to the law by the Children Act 1989, National Health Service and Community Care Act 1990 and the Courts and Legal Services Act 1990 along with numerous statutory instruments.
Three related Scottish act, the Adult Support and Protection (Scotland) Act 2007 (ASP), the Adults with Incapacity (Scotland) Act 2000 (AWI), and The Mental Health (Care and Treatment) (Scotland) Act 2003 (MHCT) are compared. Three tables are presented providing short extracts from each of the acts for comparison purposes. The extracts have been rephrased for ease of understanding. The tables cover who is subject to the provisions of the ASP, AWI and MHCT, short overview of orders, warrants and certificates, the principles of the acts, the duty to investigate/inquire, the duty to co-operate, entry to premises and visits, medical assessment, examination or treatment, examination of records, banning orders or interdicts, urgent action, and financial interventions.
Three related Scottish act, the Adult Support and Protection (Scotland) Act 2007 (ASP), the Adults with Incapacity (Scotland) Act 2000 (AWI), and The Mental Health (Care and Treatment) (Scotland) Act 2003 (MHCT) are compared. Three tables are presented providing short extracts from each of the acts for comparison purposes. The extracts have been rephrased for ease of understanding. The tables cover who is subject to the provisions of the ASP, AWI and MHCT, short overview of orders, warrants and certificates, the principles of the acts, the duty to investigate/inquire, the duty to co-operate, entry to premises and visits, medical assessment, examination or treatment, examination of records, banning orders or interdicts, urgent action, and financial interventions.
Subject terms:
law, mental capacity, mental health law, mental health problems, vulnerable adults;
Report of a research review aiming to undertake a systematic search and evaluation of all data pertaining to the Mental Health Act 1983 as a whole, and its different parts, identifying specific aspects of the Act which appear to work effectively and highlighting aspects which appear problematic or ineffective. Includes sections on: Part II and Part III of the Act.
Report of a research review aiming to undertake a systematic search and evaluation of all data pertaining to the Mental Health Act 1983 as a whole, and its different parts, identifying specific aspects of the Act which appear to work effectively and highlighting aspects which appear problematic or ineffective. Includes sections on: Part II and Part III of the Act.
Extended abstract:
Author
WALL Sharon; et al.;
Title
A systematic review of research relating to the Mental Health Act 1983.
Publication details
Great Britain. Department of Health, 1999.
Summary
The aim of this review was to undertake a systematic search and evaluation of all data pertaining to The Mental Health Act. The review was intended to provide an objective summary of the data pertaining to the Act as a whole and it's different parts, identifying specific aspects of the Act which appear to work effectively and highlighting aspects which appeared problematic or ineffective.
Context
The Mental Health Act (1983) (MHA) is an important legislative process intended to ensure a consistent and comprehensive approach to psychiatric care in England and Wales. In the 15 years since the MHA was introduced, mental health service provision has radically changed involving widespread hospital closures and the introduction of care in the community. There have been calls for changes in the legislation to reflect these changes in service provision. The use of, and procedures associated with the act have been much debated although there ahs been no systematic or objective review of the act since its introduction. The Department of Health commissioned King's College of Medicine and Dentistry to synthesise the data pertaining to the act.
Method
Part one and part two of the report have separate methodologies. The methodology utilised in part one included the obtaining of denominator data of psychiatric hospital admissions from the Department of Health Mental Health Division in order to determine the proportion of detained patients admitted to hospital. Data are presented as the total number of sections applied in each year for each section, and the proportion of admissions for which patients were sectioned. The methodology utilised for the systematic review involved conducting a thorough and comprehensive search involving Department of Health databases, routinely collected hospital and Trust data and general audit where available. Electronic databases such as Medline, PsycLit and Embase were also used to identify published articles and books and specialist journals were hand searched. Strict inclusion criteria and search strategies were utilised.
Contents
This review begins with an Executive Summary of each part of the report and then is divided into two parts. Part One of the report analyses the secular trends in the use of the Mental Health Act (1983) in England from 1984 to 1996. This section of the report is an attempt to describe and explore broad changes in the use of the act, the changes are explored in more detail by breaking down the use of the act into sections. Part one of the report is accompanied by seven figures which help to illustrate the findings. Part Two of the report is The Systematic Review and this section consists of five chapters. The fist chapter introduces the Systematic review and describes its aims and methodology. Chapter Two explores the use of the MHA as a whole and looks at how often the MHA is used and examines the characteristics of patients detained under the MHA. Chapter three examines Part II of the Mental Health Act (1983) which allows a person to be compulsory admitted or detained where this is necessary in the interests of his/her own health or safety and/or for the protection of other people. Chapter four examines Part III of the MHA (1983) which caters for mentally disordered people in the criminal justice system of England and Wales. Chapter five assesses the use of Part X of the MHA which gives police the power to remove a person to a place of safety pending an assessment by a doctor and approved social worker. Chapter six describes some papers that are not easily placed elsewhere in the review such as the use of electro-convulsive therapy under the MHA, aftercare and the training of staff in the use of the act, amongst others.
Conclusion
"Many different forces may act to change the way in which the MHA is used. It is therefore difficult to know what is responsible for the rise in the use of the MHA between 1984 and 1996. it is possible that the steady increase in the use of the MHA is an indicator of some of the opposing pressures impacting on modern psychiatry; the drive towards less hospital, more community based services versus public concerns about the 'threat' posed by the mentally ill. The practice of psychiatry is increasingly influenced by a reluctance to accept risk-taking and uncertainty and a recognition of the need for risk management (Holloway, 1996). The overall result may be a steady increase in the use of coercion, but increasingly fewer resourcesfor this purpose."
Part I 18 references Part 2 149 references
Subject terms:
law, literature reviews, mental health law, mental health problems, severe mental health problems;
Report of the expert committee commissioned to advise on how mental health legislation should be shaped to reflect contemporary patterns of care within a framework which balances the need to protect the rights of individual patients and the need to ensure public safety. The committee has primarily been concerned with providing a framework for compulsion in respect of certain people with severe mental health problems.
Report of the expert committee commissioned to advise on how mental health legislation should be shaped to reflect contemporary patterns of care within a framework which balances the need to protect the rights of individual patients and the need to ensure public safety. The committee has primarily been concerned with providing a framework for compulsion in respect of certain people with severe mental health problems.
Subject terms:
law, mental health law, mental health problems, severe mental health problems, compulsory detention;
Research study examining reasons behind the high rate of detentions among black and minority ethnic people under the Mental Health Act 1983. Places the issues in context and looks at the background to detention, admission procedures, and treatment and care in hospital. Draws conclusions and makes recommendations.
Research study examining reasons behind the high rate of detentions among black and minority ethnic people under the Mental Health Act 1983. Places the issues in context and looks at the background to detention, admission procedures, and treatment and care in hospital. Draws conclusions and makes recommendations.
Subject terms:
law, mental health law, mental health problems, racism, black and minority ethnic people;
Bringing together the Act, Code of Practice and related subordinate legislation, the manual outlines the responsibilities and obligations of the parties involved, and provides easy access to the law regarding mental health plus explanatory commentary which helps to ensure the Act is implemented correctly, the law is complied with and problems can be resolved. This edition includes Annexes on Consent to Treatment, the Medical Treatment of Children, the Protection of Mentally Vulnerable Adults and Further Powers to Detain and/or Restrain Mentally Disordered Persons. The 10th edition (2007) will bring together the Act, the Code of Practice and related subordinate legislation. It also includes relevant extracts from the Human Rights Act. The 10th edition sets out the Act in its amended form with comprehensive annotations explaining the impact of each section; includes all other primary and secondary legislation on mental health law with detailed annotations; deals with related human rights issues and common law rules; covers key recent decisions, including the 14 High Court decisions on the Act since the 9th edition; includes the latest Government guidance on the Bournewood case and on Mental Health Review Tribunals; and, contains easy-to-consult annexes on consent to treatment, the medical treatment of children, and powers to detain and control patients.
Bringing together the Act, Code of Practice and related subordinate legislation, the manual outlines the responsibilities and obligations of the parties involved, and provides easy access to the law regarding mental health plus explanatory commentary which helps to ensure the Act is implemented correctly, the law is complied with and problems can be resolved. This edition includes Annexes on Consent to Treatment, the Medical Treatment of Children, the Protection of Mentally Vulnerable Adults and Further Powers to Detain and/or Restrain Mentally Disordered Persons. The 10th edition (2007) will bring together the Act, the Code of Practice and related subordinate legislation. It also includes relevant extracts from the Human Rights Act. The 10th edition sets out the Act in its amended form with comprehensive annotations explaining the impact of each section; includes all other primary and secondary legislation on mental health law with detailed annotations; deals with related human rights issues and common law rules; covers key recent decisions, including the 14 High Court decisions on the Act since the 9th edition; includes the latest Government guidance on the Bournewood case and on Mental Health Review Tribunals; and, contains easy-to-consult annexes on consent to treatment, the medical treatment of children, and powers to detain and control patients.
Subject terms:
law, mental health, mental health law, mental health problems, physical restraint, safeguarding adults, compulsory detention;