Search results for ‘Subject term:"mental health problems"’ Sort:
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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.
Mental health law: civil liberties and the principle of reciprocity
- Author:
- EASTMAN Nigel
- Journal article citation:
- British Medical Journal, 1.1.94, 1994, pp.43-45.
- Publisher:
- British Medical Association
At a conference organised by the Law Society, Mental Health Act Commission, and Institute of Psychiatry, possible reform of mental health law was discussed. It was concluded that radical legal reform was required, and that the law should be designed specifically for provision of care in both hospital and the community. Reform should be based on principle rather than pragmatism, particularly the principle of reciprocity - patients' civil liberties may not be removed for the purposes of treatment if resources for that treatment are inadequate. Protection of society from nuisance or even violence is insufficient reason for detention. Legal provision for compulsion of patients, whether in hospital or the community, must be matched by specific rights to treatment.
‘When you haven't got much of a voice’: an evaluation of the quality of Independent Mental Health Advocate (IMHA) services in England
- Authors:
- NEWBIGGING Karen, et al
- Journal article citation:
- Health and Social Care in the Community, 23(3), 2015, pp.313-324.
- Publisher:
- Wiley
Given the context of increasing numbers of people detained under the Mental Health Act and heightened awareness of the potential for neglect and abuse in human services, statutory advocacy is an important safeguard supporting human rights and democratising the social relationships of care. This article reports findings from a national review of Independent Mental Health Advocate (IMHA) provision in England. A qualitative study used a two-stage design to define quality and assess the experience and impact of IMHA provision in eight study sites. A sample of 289 participants - 75 focus group participants and 214 individuals interviewed - including 90 people eligible for IMHA services, as well as advocates, a range of hospital and community-based mental health professionals, and commissioners. The research team included people with experience of compulsion. Findings indicate that the experience of compulsion can be profoundly disempowering, confirming the need for IMHA. However, access was highly variable and more problematic for people with specific needs relating to ethnicity, age and disability. Uptake of IMHA services was influenced by available resources, attitude and understanding of mental health professionals, as well as the organisation of IMHA provision. Access could be improved through a system of opt-out as opposed to opt-in. Service user satisfaction was most frequently reported in terms of positive experiences of the process of advocacy rather than tangible impacts on care and treatment under the Mental Health Act. IMHA services have the potential to significantly shift the dynamic so that service users have more of a voice in their care and treatment. However, a shift is needed from a narrow conception of statutory advocacy as safeguarding rights to one emphasising self-determination and participation in decisions about care and treatment. (Edited publisher abstract)
Post-legislative scrutiny of the Mental Health Act 2007: first report of session 2013-14: report, together with formal minutes, oral and written evidence
- Author:
- GREAT BRITAIN. Parliament. House of Commons. Health Committee
- Publisher:
- Stationery Office
- Publication year:
- 2013
- Pagination:
- 87
- Place of publication:
- London
The Mental Health Act 2007 amended and updated the Mental Health Act 1983, which remains the cornerstone of mental health legislation in England. The measures in the 2007 Act were proposed to reflect the changing ways in the treatment and care of patients with mental health problems. The 2007 Act included a single definition of mental disorder, to incorporate conditions not accounted for in the original legislation. In this post-legislative scrutiny of the 2007 Act, the Health Committee is concerned that the Department of Health does not have a clear picture of what is leading to increased rates of detention, and whether or how pressure on beds is having a detrimental effect on treatment. Patients who manage to access treatment voluntarily are subject to ‘de facto detention’, whereby they are detained under section if they seek to leave hospital. Supervised Community Treatment (SCT) was introduced in the 2007 Act, to enable some patients with mental disorder to live and be treated in the community. However, number of patients subject to compulsion under the 2007 Act has increased as a result of SCT. The Committee found evidence about the effective application of deprivation of liberty safeguards (DOLS) for people suffering from mental incapacity "profoundly depressing and complacent". The Department of Health should undertake an urgent review of the implementation of DOLS, which should be presented to Parliament, together with an action plan for improvement, within 12 months. Although the 2007 Act did not inherently disadvantage minority ethnic patients, the numbers subject to Community Treatment Orders (CTOs) is even more disproportionate than the number detained in psychiatric hospitals. The Committee recommends that local authorities should ensure they commission culturally sensitive and effective advocacy services. A more successful outcome investigated by the Committee was the use of Independent Mental Health Advocates (IMHAs). (Original abstract)
Post-legislative assessment of the Mental Health Act 2007: memorandum to the Health Committee of the House of Commons: presented to Parliament ... July 2012
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 2012
- Pagination:
- 35p.
- Place of publication:
- London
The Mental Health Act 1983 governs the compulsory treatment of certain people who have a mental disorder. The purpose of the Mental Health Act 2007 was to amend the 1983 Act in a number of areas. The Mental Health Act 2007 also introduced ‘deprivation of liberty safeguards’ and extended the rights of victims. Between 3 and 5 years after an Act of Parliament has received Royal Assent, it is reviewed by the relevant Government Department and then by Parliament, to see how the law has worked in practice, a process known as ‘post-legislative scrutiny’. This memorandum provides a preliminary assessment of the Mental Health Act 2007. It reviews the changes that the 2007 Act made to the Mental Health Act 1983. Specifically, it provides assessment of the effects of the following elements of the Mental Health Act 2007: single definition of mental disorder; appropriate medical treatment; guiding principles; professional roles; nearest relatives’ rights; independent mental health advocacy; supervised community treatment; places of safety; age-appropriate accommodation; Deprivation of Liberty Safeguards; and victims’ rights.
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.
One in four
- Author:
- POLLOCK Laurence
- Journal article citation:
- Care and Health Guide, 14, June 2002, pp.8-10.
- Publisher:
- Care and Health
With rumours that the new mental health legislation is finally due to appear, the author looks at the ground gained by mental health users in pursuing their rights and how the new legislation will affect this.
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.
Aftercare challenge
- Author:
- REVANS Lauren
- Journal article citation:
- Community Care, 21.9.00, 2000, p.12.
- Publisher:
- Reed Business Information
The Human Rights Act means councils and health authorities can no longer afford to fail to comply with conditional discharge orders for people detained for mental health reasons.
Consent to treatment by medication under the 1983 Mental Health Act
- Authors:
- CURRAN Christopher, GRIMSHAW Catherine
- Journal article citation:
- Openmind, 102, March 2000, pp.26-27.
- Publisher:
- MIND
One of the most important innovations in the 1983 Mental Health Act (MHA) was the regulation of treatment for mental disorder for non-consenting patients detained under Part IV of Act. This article outlines the legal issues surrounding the crucial areas of consent and capacity.