scholarly journals The case for removing intellectual disability and autism from the Mental Health Act

2019 ◽  
Vol 215 (5) ◽  
pp. 633-635
Author(s):  
Sheila Hollins ◽  
Keri-Michèle Lodge ◽  
Paul Lomax
Keyword(s):  
Mental Health ◽  
Intellectual Disability ◽  
Health Services ◽  
Mental Disorder ◽  
Learning Disability ◽  
Mental Illnesses ◽  
Mental Health Act ◽  
Definition Of ◽  
Serious Mental Illnesses

SummaryIntellectual disability (also known as learning disability in UK health services) and autism are distinct from the serious mental illnesses for which the Mental Health Act is designed to be used. Their inclusion in the definition of mental disorder is discriminatory, resulting in unjust deprivations of liberty. Intellectual disability and autism should be excluded from the Mental Health Act.Declaration of interestNone.

Amendments to the Mental Health Act 1983: implications for people with learning disabilities

2009 ◽  
Vol 3 (1) ◽  
pp. 3-8
Author(s):  
Ian Hall ◽  
Afia Ali
Keyword(s):  
Mental Health ◽  
Learning Disabilities ◽  
Mental Disorder ◽  
Learning Disability ◽  
Community Treatment ◽  
Health Practitioner ◽  
Professional Roles ◽  
Mental Health Practitioner ◽  
Mental Health Act ◽  
Definition Of

The new Mental Health Act 2007 substantially amends the Mental Health Act 1983. In this article, some of the most important changes are highlighted, including changes to the definition of mental disorder, the new professional roles of approved mental health practitioner and responsible clinician, and the new powers for Supervised Community Treatment. The likely impact of these changes for people with learning disability and professionals working with them is discussed.

scholarly journals Definitions and criteria: the 2007 amendments to the Mental Health Act 1983

2010 ◽  
Vol 16 (3) ◽  
pp. 161-167 ◽  
Author(s):  
Tim Branton ◽  
Guy Brookes
Keyword(s):  
Mental Health ◽  
Mental Disorder ◽  
Medical Treatment ◽  
Psychological Treatment ◽  
Basic Structure ◽  
Code Of Practice ◽  
Mental Health Act ◽  
Sexual Deviancy ◽  
Definition Of ◽  
Mental Capacity Act

SummaryThis article deals with the provisions for the lawful detention and compulsory treatment of patients in England and Wales. The 2007 amendments to the Mental Health Act 1983 redefine ‘mental disorder’ and ‘medical treatment’ and remove the classifications required for longer-term detention, abolishing the so-called ‘treatability test’ and introducing a new appropriate-treatment test. ‘Learning disability’ is brought within the definition of mental disorder but only if ‘associated with abnormally aggressive or seriously irresponsible conduct’. The exclusion for promiscuity, other immoral conduct or sexual deviancy is repealed; the exclusion for dependence on alcohol and drugs is retained. The revised definition of ‘medical treatment’ includes psychological treatment and removes the requirement that treatment is under medical supervision. The basic structure of the 1983 Act is retained. Use of the powers is discretionary. The principles of the Mental Capacity Act 2005 are imported into the decision-making framework through the wording of the Mental Health ActCode of Practice.

scholarly journals The mental capacity tribunal under the model law: what are we arguing about?

2014 ◽  
pp. 55
Author(s):  
Robert Robinson
Keyword(s):  
Mental Health ◽  
Psychiatric Treatment ◽  
Dental Health ◽  
Legal Framework ◽  
Mental Illnesses ◽  
Health Law ◽  
Mental Health Law ◽  
Mental Health Act ◽  
Model Law ◽  
Serious Mental Illnesses

It would be a mistake to think of mental health law as a generic form of law directed at a particular class of people, those described as suffering from mental disorders. If a person who has a mental disorder will accept treatment, whether or not they have the capacity to consent to it, there is in general no need to have recourse to mental health law. The Mental Health Act 1983 (‘MHA’) exists for the specific purpose<br />of regulating, and ultimately adjudicating upon, the conflict between a person who objects to receiving psychiatric treatment and the professionals on whom the law confers powers of compulsion. But, as advocates of a capacity-based legal framework would surely agree, it is not the existence of mental health law that gives rise to this conflict. That we have a Mental Health Act but not, say, a Dental Health Act is explained by features characteristic of serious mental illnesses which are not, by and large, found in other medical conditions.

The use of guardianship in mental handicap services

1995 ◽  
Vol 19 (12) ◽  
pp. 725-727 ◽  
Author(s):  
Helen Whitworth ◽  
Shashi Singhal
Keyword(s):  
Mental Health ◽  
Learning Disability ◽  
Health Professionals ◽  
Mentally Handicapped ◽  
Mental Impairment ◽  
Mental Handicap ◽  
Mental Health Act ◽  
Definition Of ◽  
Health Districts

There has been little published on the use of Guardianship Orders in mental handicap (the term ‘mental handicap’ is used rather than ‘people with learning disability’ to avoid ambiguity). Its use in the mental handicap services in four health districts in the Mersey region was surveyed. The study was retrospective, covering a five year period ending August 1994. Guardianship was used on ten occasions. Health professionals have been divided over the interpretation of the definition of “mental impairment” in the Mental Health Act (MHA) 1983. They have tended to exclude many mentally handicapped adults who do not, in their opinion, exhibit “abnormally aggressive or seriously irresponsible conduct”. It is clearly shown by our study that some health professionals are willing to classify self-neglect and vulnerability as “seriously irresponsible conduct”, thererefore allowing wider usage of the order.

Mental Health Act 1983

2021 ◽  
pp. 339-348
Author(s):  
Anna Smajdor ◽  
Jonathan Herring ◽  
Robert Wheeler
Keyword(s):  
Mental Health ◽  
Mental Disorder ◽  
Brain Tissue ◽  
Emergency Admission ◽  
Convulsive Therapy ◽  
Mental Health Act ◽  
Definition Of ◽  
Electro Convulsive Therapy

This chapter covers the Mental Health Act 1983 and includes topics on The definition of mental disorder under the Mental Health Act, Criteria for admission under s.2 Mental Health Act, Criteria for Admission under section 3, Criteria for Emergency Admission under section 4 Mental Health Act, Brain Tissue Treatment under Mental Health Act, Electro-convulsive Therapy.

An audit of incomplete involuntary admissions to an approved Irish centre

2010 ◽  
Vol 27 (3) ◽  
pp. 143-147 ◽  
Author(s):  
Atiqa Rafiq ◽  
Mary O'Hanlon
Keyword(s):  
Mental Health ◽  
Mental Disorder ◽  
Substance Misuse ◽  
Alcohol Misuse ◽  
Admission Rate ◽  
Referral Rate ◽  
Involuntary Admission ◽  
Mental Health Act ◽  
Audit Cycle ◽  
Definition Of

AbstractObjectives:With the implementation of the Mental Health Act 2001 (M HA 2001) in November 2006, there was an expectation of reduction in the overall involuntary admission rate, particularly as those with a sole diagnosis of substance misuse were specifically excluded from the definition of mental disorder. The aim of this audit cycle was to ascertain this rate and to audit the process of the referral, transfer, assessment and subsequent management of the patients whose admission orders were not completed by the consultant psychiatrists (CPs) following referral for involuntary admission to an approved centre. In addition, the authors wished to ascertain if the recommendations of Audit 2003 were implemented.Method:The Audit 2003 analysed all Temporary Patient Reception Orders sent to an approved centre in the year 2003 but whose admission orders were not completed by the CP. A protocol was drawn up to elicit information. The Re-Audit in 2008 used the same protocol. The duration of the Re-Audit was 01.11.06-31.10.07. The results were analysed using SPSS 12.Results:There is no change in the involuntary referral rate to the approved centre in Longford/Westmeath since the new legislation was enacted. The CP continues to refuse to make an order in one in three cases. Patients with a sole diagnosis of alcohol misuse continue to be referred for involuntary admission but are now presenting sober on admission. There also appears to be an increased rate of incorrectly filled forms by GPs.Conclusions:This audit indicates a need for more training for GPs and Gardai in the MHA 2001 and filling of forms.

Does section 63 of the Mental Health Act 1983 disempower patients with mental illness? Analysis of the case law

2017 ◽  
Vol 86 (1) ◽  
pp. 19-22 ◽  
Author(s):  
Bhanuka Senasinghe
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Mental Disorder ◽  
Medical Treatment ◽  
Psychiatric Patients ◽  
Case Law ◽  
Mental Illnesses ◽  
Legal Cases ◽  
Physical Conditions ◽  
Mental Health Act

In England and Wales, detained psychiatric inpatients are treated under section 63 of the Mental Health Act 1983. This paper critically analyses the relevant law and considers the arbitrary distinctions between consent for treatments for mental illnesses and physical conditions, which may disempower patients with mental illness. Section 63 states that (for detained psychiatric patients) consent for medical treatment for patients’ mental disorder is not required. The treating clinician responsible for a patient decides what this medical treatment entails. This article focuses on three main legal cases: B v Croydon Health Authority, Tameside and Glossop v CH and Nottinghamshire Healthcare NHS Trust v RC and considers whether s 63 disempowers patients with mental illnesses.

scholarly journals The Policy Review Related to Supporting Families of People with Mental Health Problems in Indonesia

2018 ◽  
Vol 1 (1) ◽  
pp. 23-33
Author(s):  
Herni Susanti (Corresponding author) ◽  
Ice Yulia Wardani ◽  
Eka Malfa Sari
Keyword(s):  
Mental Health ◽  
Mental Health Services ◽  
Health Services ◽  
Mental Health Problems ◽  
Information Access ◽  
Mental Illnesses ◽  
Policy Support ◽  
Policy Review ◽  
The Government ◽  
Serious Mental Illnesses

Government policies and legislation can in fl uence the mental health of the population, including the families of people with serious mental illnesses. Recently, mental health policies in Indonesia have focused on human right of the individuals with mental illnesses, and this may explain why there has been little emphasis on supporting families in Indonesia. A policy review was conducted to identify the government guidance related to the directives for mental health services to support the families of people with serious mental illnesses in the country. A systematic review approach was undertaken for 16 relevant documents related to policies, standards, and guidelines of mental health services for the families of people with serious mental illnesses in Indonesia. The fi ndings of this policy review suggest that there are signi fi cant challenges for mental health services in Indonesia to support the families on behalf of their needs and wellbeing. The crux of the matter is that there have been policies that should be useful to professional, families and services users, yet problems to access these documents may exist. The information from the policy review can enhance the understanding about current mental health services in Indonesia. It is also a valuable source to direct an investigation about what Indonesian families want from the services. This study expects recommendations to respond to the needs which are practical and realistic based on the country’s own limitations in terms of policy support and information access.

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