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The nearest relative under the Mental Health Act 2007
- Authors:
- CURRAN Christopher, HEWITT David
- Journal article citation:
- Openmind, 152, July 2008, pp.24-25.
- Publisher:
- MIND
This article focuses on the changes the government had made to the nearest relative scheme (NR) in the 2007 Mental Health Act, which amends the arrangements in the 1983 Mental Health Act.
The Act one year on - a mental health officer's perspective
- Author:
- LOCKERBIE Gordon
- Journal article citation:
- Rostrum Magazine, 86, October 2006, pp.12-13.
- Publisher:
- British Association of Social Workers (Scotland)
The author, a Mental Health Officer, discusses the impact of the new Mental Health (Care and Treatment) (Scotland) Act 2003 on managing work for older people. Although it has increased workloads, he argues it is more professional rewarding, improves patients rights and will improve services for people with mental health problems.
Mental capacity in psychiatric patients: systematic review
- Authors:
- OKAI David, et al
- Journal article citation:
- British Journal of Psychiatry, 191(10), October 2007, pp.291-297.
- Publisher:
- Cambridge University Press
Mental capacity is central to legal and ethical debates on the use of compulsion in psychiatry. The aim was to describe the clinical epidemiology of mental incapacity in patients with psychiatric disorders, including interrater reliability of assessments, frequency in the psychiatric population and associations of mental incapacity. Cross-sectional studies of capacity to consent to treatment for psychiatric patients were systematically reviewed from Medline, EMBASE and PsycInfo databases. Information on the reliability of assessments, frequency and associations of mental incapacity was extracted. Out of 37 papers reviewed, 29 different capacity assessment tools were identified. Studies were highly heterogeneous in their measurement and definitions of capacity. Interrater reliabilities between tools were high. Studies indicate incapacity is common (median 29%) but the majority of psychiatric in-patients are capable of making treatment decisions. Psychosis, severity of symptoms, involuntary admission and treatment refusal were the strongest risk factors for incapacity. Mental capacity can be reliably assessed. The majority of psychiatric in-patients have capacity, and socio-demographic variables do not have a major impact but clinical ones do.
Mental health legislation: a time to act?
- Authors:
- RYAN Tony, HARDY Les
- Journal article citation:
- Care Plan, 3(2), December 1996, pp.22-24.
- Publisher:
- Positive Publications/ Anglia Polytechnic University, Faculty of Health and Social Work
Argues that new legislation could include supervision registers but might also give service users new rights to community-based services in their areas.
Deprivation of liberty: Mental Capacity Act safeguards versus the Mental Health Act
- Authors:
- CAIRNS Ruth, RICHARDSON Genevra, HOTOPF Matthew
- Journal article citation:
- Psychiatrist (The), 34(6), June 2010, pp.246-247.
- Publisher:
- Royal College of Psychiatrists
The European Court of Human Rights concluded that common law, which had been widely used to hold and treat patients lacking mental capacity, was inadequate to satisfy the European Convention of Human Rights. This means that if a patient lacks mental capacity and a deprivation of liberty is felt necessary to provide the care required, common law can longer be used and a choice between deprivation of liberty safeguards and the Mental Health Act must be made. However, in this short article the authors examine how the Mental Capacity Act deprivation of liberty safeguards have been criticised for their complexity and unclear interface with existing mental health law. The authors suggest that, the new legislation, which was implemented in April 2009, is likely to pose a challenge to clinical teams.
Deprivation of liberty safeguards: code of practice to supplement the main Mental Capacity Act 2005 code of practice: laid before Parliament in draft June 2008, pursuant to sections 42 and 43 of the Act
- Author:
- GREAT BRITAIN. Ministry of Justice
- Publisher:
- Stationery Office
- Publication year:
- 2005
- Pagination:
- 120p.
- Place of publication:
- London
The Deprivation of Liberty Safeguards were inserted into the Mental Capacity Act 2005 by the Mental Health Act 2007. They protect against the arbitrary detention of people who lack the capacity to consent to the arrangements made for their care or treatment and who need to be deprived of their liberty, in their own best interests and for their own safety, in either hospitals or care homes. They will rectify the breach of Article 5 of the European Convention on Human Rights identified by the European Court of Human Rights in HL v UK 2004 (the 'Bournewood' case).Section 42 of the Mental Capacity Act 2005, requires the Lord Chancellor to issue a Code of Practice to provide information and guidance on how the safeguards will work in practice. A draft version of the Code was published for full public consultation in 2007. 110 individuals and organisations responded and many of the suggestions and comments received have been incorporated into the final version. The Act requires a range of people to 'have regard' to the Code, for example anyone acting in a professional or paid role in relation to someone who lacks capacity, but it particularly focuses on those who have a duty of care to a person who lacks the capacity to consent to the care or treatment that is being provided, where that care or treatment may include the need to deprive the person of their liberty. The Code is intended to provide valuable information and guidance to all those covered by the Act and has been written to meet the needs of this wide and varied audience.
Mental health, incapacity and the law in Scotland
- Author:
- PATRICK Hilary
- Publisher:
- Tottel
- Publication year:
- 2006
- Pagination:
- 1022p.
- Place of publication:
- Haywards Heath
This is a guide to mental health law in Scotland, including the changes brought about by the Mental Health (Care and Treatment) (Scotland) Act 2003 and the Adults with Incapacity (Scotland) Act 2000. Mental health and incapacity law affect not just those subject to compulsory orders, but everyone with a mental health problem, dementia or a learning disability.This guide covers every aspect of mental health law, including tribunal procedure, procedures for adults with incapacity, community care, patients’ rights and legal remedies for when things go wrong.
Protecting patients' rights: future regulation and monitoring of the Mental Health Act
- Author:
- PATEL Kamlesh
- Journal article citation:
- Journal of Adult Protection, 7(4), December 2005, pp.32-40.
- Publisher:
- Emerald
The draft Mental Health Bill 2004 proposes transfer of the main monitoring functions of the Mental Health Act Commission (MHAC) to the Healthcare Commission with the abolition of the MHAC on implementation of the bill when enacted. This paper describes the present role and remit of the Mental Health Act Commission, outlines the government's strategy on inspection and regulation and identifies the importance of protecting the rights of vulnerable adults and children with mental disorders. The reasons for retaining independent scrutiny and inspection of mental health services are explored and structures and mechanisms that might assist in achieving an effective regulatory environment are proposed.
Inpatients formally detained in hospitals under the Mental Health Act 1983 and other legislation: NHS trusts, high security psychiatric hospitals and private facilities: 2000-01
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 2002
- Pagination:
- 160p.
- Place of publication:
- London
There are three parts of the Act under which patents may be detained: civil detentions; court disposals and prison transfers; and place of safety orders. The booklet's purpose is to present data provided by the individual Trusts and Health Authorities.
Primary care mental health
- Author:
- COHEN Alan
- Publisher:
- Emap Public Sector Management
- Publication year:
- 2000
- Pagination:
- 22p.,tables.
- Place of publication:
- London
Examines the provision of mental health services in primary care and the challenges posed by the national service framework and the proposed reform of the Mental Health Act. Describes the staff working in primary care, their skills and training; the incidence of mental health problems among their patients; and the role of Primary Care Groups in commissioning mental health services.