scholarly journals Balancing non-discrimination and risk management in mental health legislation for autism

2020 ◽  
Vol 218 (1) ◽  
pp. 63-64
Author(s):  
Mohsin Khan
Keyword(s):  
Mental Health ◽  
Risk Management ◽  
Mental Health Legislation ◽  
Health Legislation

Reform or revolution? Mental health legislation and the development of community care

2020 ◽  
pp. 73-94
Author(s):  
Ian Cummins
Keyword(s):  
Mental Health ◽  
Risk Management ◽  
Civil Rights ◽  
Community Care ◽  
The Other ◽  
Community Treatment ◽  
Community Treatment Orders ◽  
Mental Health Legislation ◽  
Progressive Reforms ◽  
Health Legislation

This chapter will explore the development of mental health legislation from the introduction of the 1983 MHA to the introduction of Community Treatment Orders (CTOs) in the reforms of 2007. The chapter ends with a brief discussion of the Wessely review of the MHA that was completed in 2018. Reform of mental health legislation reflects two potentially conflicting strands. One is the state’s power to incarcerate the “mad”, the other is the move to protect the civil rights of those who are subject to such legislation. The development of legislation reflects the broader pattern of community care as a policy. The initial optimism and progressive reforms of the early 1980s are overtaken by a more managerialist, pragmatic approach which focuses on risk and risk management

Crime-Preventing Neurointerventions and the Law

2018 ◽  
Author(s):  
Lisa Forsberg
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Sex Offenders ◽  
Ethical Issues ◽  
Medical Law ◽  
Human Rights Law ◽  
Mental Health Legislation ◽  
Different Types ◽  
Legal Regimes ◽  
Health Legislation

Anti-libidinal interventions (ALIs) are a type of crime-preventing neurointervention (CPN) already in use in many jurisdictions. This chapter examines different types of legal regimes under which ALIs might be provided to sex offenders. The types of legal regimes examined are dedicated statutes that directly provide for ALI use, consensual ALI provision under general medical law principles, mental health legislation providing for ALI use (exemplified by the mental health regime in England and Wales), and European human rights law as it pertains to ALI provision. The chapter considers what we might learn from ALIs in respect of likely or possible arrangements for the provision of other CPNs, and draws attention to some ethical issues raised by each of these types of regime, worth keeping in mind when considering arrangements for CPN provision.

Learning disability and the Scottish Mental Health Act

2017 ◽  
Vol 11 (2) ◽  
pp. 74-82
Author(s):  
Heather Welsh ◽  
Gary Morrison
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Learning Disabilities ◽  
Mental Disorder ◽  
Learning Disability ◽  
Psychotic Disorders ◽  
Content Type ◽  
Mental Health Legislation ◽  
Scottish Government ◽  
Health Legislation

Purpose The purpose of this paper is to investigate the use of the Mental Health (Care and Treatment) (Scotland) Act 2003 for people with learning disabilities in Scotland, in the context of the recent commitment by the Scottish Government to review the place of learning disability (LD) within the Act. Design/methodology/approach All current compulsory treatment orders (CTO) including LD as a type of mental disorder were identified and reviewed. Data was collected on duration and type of detention (hospital or community based) for all orders. For those with additional mental illness and/or personality disorder, diagnoses were recorded. For those with LD only, symptoms, severity of LD and treatment were recorded. Findings In total, 11 per cent of CTOs included LD as a type of mental disorder. The majority of these also included mental illness. The duration of detention for people with LD only was almost double that for those without LD. A variety of mental illness diagnoses were represented, psychotic disorders being the most common (54 per cent). Treatment was broad and multidisciplinary. In all, 87 per cent of people with LD only were prescribed psychotropic medication authorised by CTO. Originality/value There has been limited research on the use of mental health legislation for people with learning disabilities. This project aids understanding of current practice and will be of interest to readers both in Scotland and further afield. It will inform the review of LD as a type of mental disorder under Scottish mental health law, including consideration of the need for specific legislation.

scholarly journals Compulsory admission and involuntary treatment in Portugal

2016 ◽  
Vol 13 (1) ◽  
pp. 17-19 ◽  
Author(s):  
Telma Almeida ◽  
Andrew Molodynski
Keyword(s):  
Mental Health ◽  
Emergency Department ◽  
Patient Treatment ◽  
Compulsory Treatment ◽  
Compulsory Admission ◽  
Involuntary Treatment ◽  
Mental Health Legislation ◽  
Health Legislation

This paper details the grounds for compulsory treatment, compulsory admissions in an emergency department and compulsory out-patient treatment in Portugal. Portuguese mental health legislation has improved significantly over recent years, with enhanced safeguards, rapid and rigorous review and clear criteria for compulsory treatment, although much remains to be done, especially in relation to the ‘move into the community’.

scholarly journals The application of mental health legislation in younger children

2015 ◽  
Vol 39 (6) ◽  
pp. 302-304 ◽  
Author(s):  
Victoria Thomas ◽  
Barry Chipchase ◽  
Lisa Rippon ◽  
Paul McArdle
Keyword(s):  
Mental Health ◽  
Young Child ◽  
Legal Issues ◽  
Legal Authority ◽  
Challenging Behaviour ◽  
Health Unit ◽  
Mental Health Legislation ◽  
History Of ◽  
Health Legislation ◽  
Mental Health Unit

SummaryWe review a case history of a young child who was admitted to an in-patient mental health unit due to extremely challenging behaviour and review the legal issues that had to be considered in ensuring that there was appropriate legal authority for the child's admission and treatment. In this particular case, the patient was detained for assessment under section 2 of the Mental Health Act 1983. This case demonstrates that all clinicians working in this area require a good understanding of the law in relation to treatment of children with mental disorder, which is extremely complex.

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