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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.
Not properly authorised: unannounced visits to people receiving treatment under the safeguards of part 16 of the Mental Health (Care and Treatment) (Scotland) Act 2003
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2011
- Pagination:
- 21p.
- Place of publication:
- Edinburgh
The Mental Welfare Commission visits people with mental illness, learning disability or other mental disorder to ensure that they receive the care and treatment they need and that their treatment is in accordance with the law. This report describes the findings of a targeted monitoring programme to find out more about people receiving treatment under the safeguards of Part 16 of the Mental Health (Care and Treatment)(Scotland) Act 2003. From April 2010 to March 2011 a series of unannounced visits were made to 45 hospitals where people were receiving compulsory treatment under the 2003 Act. The medication prescribed and administered in 672 cases was looked at and compared with the treatment authorised on statutory forms. Where possible, people were interviewed to make sure that, when certificates stated it, they were giving informed consent to treatment. The findings showed that 12% of all the people whose cases were examined were receiving treatment that was not properly authorised or reported under the 2003 Act. Forms were absent, not completed lawfully, or not giving authority for some of the prescribed medication. A total of 15% of people certified as giving informed consent to their treatment were either unable or unwilling to give consent. The article concludes that there is insufficient attention paid to providing lawful treatment under the 2003 Act.
Legal dilemmas for clinicians involved in the care and treatment of children and young people with mental disorder
- Authors:
- BOWERS M., DUBICKA B.
- Journal article citation:
- Child: Care, Health and Development, 36(4), July 2010, pp.592-596.
- Publisher:
- Wiley
This paper highlights the legal dilemmas relating to the care and treatment of under 18-year-olds for mental disorder and discusses the impact of these on clinical practice. The new legal framework is discussed with reference to hypothetical cases. Key issues outlined include age and maturity, capacity, deprivation of liberty and the zone of parental control. The authors suggest it is essential that clinicians are aware of their responsibilities within the new legal framework in order to avoid becoming a target for litigation. This paper designed to enable clinicians to meet the recommendations and to be aware of their responsibilities to engage in appropriate training.
Legal rights and mental health: the Mind manual
- Editors:
- SULEK Joanna, (ed.)
- Publisher:
- MIND
- Publication year:
- 1996
- Pagination:
- 289p.
- Place of publication:
- London
This training manual focuses on: community care entitlement legislation, case law and relevant guidance; negligence and complaints procedures; discrimination and mental health: the survivor’s perspective; incapacity and decision making voluntary and involuntary admission – the Code of Practice ; mentally disordered offenders; consent to treatment and treatment without consent ; routes out of hospital, including Mental Health Review Tribunals' and the Human Rights Act.
Consenting adults? Guidance for professionals when considering rights and risks in sexual relationships involving people with a mental disorder
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2011
- Pagination:
- 44p.
- Place of publication:
- Edinburgh
- Edition:
- Rev. ed.
The Mental Welfare Commission for Scotland is an independent organisation working to safeguard the rights and welfare of people with mental illness, learning disability or other mental disorder. This guidance was produced in response to legal, ethical and practical issues concerning sexual relationships raised with the Commission in its work with people with mental disorder and those involved in their care. The guidance is intended to provide a framework for discussion of issues that need to be considered when assessing risk and considering the need for intervention in a person's sexual life. It covers the legal framework, capacity to consent, significance of a person's diagnosis, sexual risks arising from a person's mental disorder or social situation, staff knowledge and attitudes, family attitudes, cultural or religious values, the living situation and support and protection, statutory investigative duties, intervention following investigation, and legal interventions.