scholarly journals A review of the clinical and legal issues surrounding refusal of treatment following overdose

2010 ◽  
Vol 9 (2) ◽  
pp. 66-69
Author(s):  
Charlotte Heaps ◽  
◽  
Emily Bowen ◽  
Nicola Cooper ◽  
◽  
...  
Keyword(s):  
Mental Health ◽  
Young People ◽  
Medical Treatment ◽  
Mental Capacity ◽  
Legal Issues ◽  
Real Case ◽  
Refusal Of Treatment ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act ◽  
Learning Points

This article reviews the clinical and legal issues involved in dealing with patients who refuse medical treatment following an overdose. We first describe a real case that has been made anonymous, before discussing a general approach to management. We then review the relevant legislation, including the Mental Capacity Act (2005), the Mental Health Act (1983) and legal issues surrounding the treatment of young people. We discuss how this legislation may be applied in practice and then conclude with the outcome of the case, sources of further information and some key learning points.

Implementing legislative changes on young people's consent to treatment: a guide for trainers

2011 ◽  
Vol 17 (6) ◽  
pp. 454-460
Author(s):  
Sarah Huline-Dickens
Keyword(s):  
Mental Health ◽  
Young People ◽  
Mental Capacity ◽  
England And Wales ◽  
Mental Capacity Act 2005 ◽  
Consent To Treatment ◽  
Legislative Changes ◽  
Mental Capacity Act ◽  
Structured Approach

SummaryThis article reviews the recent changes in the law in England and Wales relating to consent to treatment for young people, in particular the Mental Capacity Act 2005 and the 2007 amendments to the Mental Health Act 1983. Using a fictitious case study, it offers a structured approach to the application of these new items of legislation that could be useful to trainers and their trainees.

Nutrition in mental health

2020 ◽  
pp. 753-780
Keyword(s):  
Mental Health ◽  
Eating Disorders ◽  
Developmental Disorders ◽  
Mental Capacity ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act

Pharmacotherapy, Developmental disorders, Eating disorders, Dementia, Mental Capacity Act 2005

Mental Health Law

2018 ◽  
pp. 127-140
Author(s):  
Anthony Holland ◽  
Elizabeth Fistein ◽  
Cathy Walsh
Keyword(s):  
Mental Health ◽  
Mental Capacity ◽  
Health Interventions ◽  
Family Context ◽  
Clinical Settings ◽  
Health Law ◽  
Legal Basis ◽  
Legal Principles ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act

Mental health is everyone’s concern, an idea epitomized by the campaign tag line of the Royal College of Psychiatrists, ‘No Health Without Mental Health’. This chapter will demonstrate how an understanding of a patient’s mental health within his/her social and family context is central to clinical practice. We will consider the legal basis for the treatment of mental ill-health and how it can complicate the treatment of physical illness and lead to ethical and legal concerns. The general legal principles that govern health interventions are explored, and two specific statutes for England and Wales—the Mental Capacity Act 2005 and the Mental Health Act 1983 (as amended 2007)—are both considered in some detail. It will be shown how a sound appreciation of the clinical issues, an understanding of the law, and an ability to apply that law in clinical settings are essential when faced with situations involving mental ill-health.

8. Mental health

2021 ◽  
pp. 134-155
Author(s):  
Jo Samanta ◽  
Ash Samanta
Keyword(s):  
Mental Health ◽  
Mental Health Disorders ◽  
Mental Capacity ◽  
Community Treatment ◽  
Legal Reforms ◽  
Code Of Practice ◽  
Mental Capacity Act 2005 ◽  
Health Disorders ◽  
Mental Capacity Act ◽  
Discharge From Hospital

This chapter focuses on statutory provisions governing mental health and mental health disorders, with particular reference to the Mental Health Act 1983 and the Mental Capacity Act 2005. It first outlines modern approaches to mental disorders, including legal reforms and the MHA 1983 Code of Practice (2015). It considers the main routes by which patients are admitted to the mental health system (voluntary or involuntary), deprivation of liberty, including Cheshire West and the proposed liberty protection safeguards, and the issue of consent with regards to medical treatment. Finally, the chapter discusses community care that must be provided to people with mental health disorders following discharge from hospital, particularly aftercare and supervised community treatment orders. Relevant cases are considered.

The law relating to mental capacity and mental health

2013 ◽  
Author(s):  
Kay Wheat
Keyword(s):  
Mental Health ◽  
Mental Disorder ◽  
Health Care Professionals ◽  
Well Being ◽  
Mental Capacity ◽  
Best Interests ◽  
Decision Making Capacity ◽  
Mental Capacity Act 2005 ◽  
The Law ◽  
Mental Capacity Act

This chapter will examine two key areas of law relating to medical treatment and care of those with mental disorder. The question of decision-making capacity is important for health care professionals, and other carers and agents dealing with older people. The law relating to this is covered by the Mental Capacity Act 2005 supplemented by previous case law where this is still relevant, and the key aspect of the law is the ability to treat people without capacity in their best interests. However, in the case of some patients, it may be necessary to use the Mental Health Act 1983. This legislation is focussed, not on the capacity of the patient, but upon the effect that a mental disorder can have upon the patient risking damage to their own well-being, or to the well-being of others. The relationship between the two areas is not always clear.

scholarly journals The Mental Capacity Act and mental healthcare in prison: opportunities and challenges

2012 ◽  
Vol 36 (7) ◽  
pp. 241-243 ◽  
Author(s):  
Sharon Davies ◽  
Claire Dimond
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Mental Healthcare ◽  
Legal Framework ◽  
Mental Capacity ◽  
Best Interests ◽  
People With Mental Illness ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act ◽  
The Uk

SummaryThe UK Mental Health Act 1983 does not apply in prison. The legal framework for the care and treatment of people with mental illness in prison is provided by the Mental Capacity Act 2005. We raise dilemmas about its use. We highlight how assessing best interests and defining harm involves making challenging judgements. How best interests and harm are interpreted has a potentially significant impact on clinical practice within a prison context.

scholarly journals The concept of objection under the DOLS regime

2014 ◽  
pp. 61
Author(s):  
Matthew McKillop ◽  
John Dawson ◽  
George Szmukler
Keyword(s):  
Mental Health ◽  
Mental Health Treatment ◽  
Mental Capacity ◽  
Mental Health Patient ◽  
Health Treatment ◽  
England And Wales ◽  
Mentally Disordered ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act ◽  
Hospitalised Patient

<p>In England and Wales, there are now two regimes under which an adult can be deprived of liberty when receiving mental health treatment: the regime established by the Mental Health Act 1983 (MHA), and the Deprivation of Liberty Safeguards (DOLS) authorisation regime established by the Mental Capacity Act 2005 (MCA). Where both regimes might apply to a mentally disordered person in hospital for mental health treatment, a major dividing line between them is the ability of the patient to “object” to being a mental health patient or to being given mental health treatment. If such an objection occurs, a hospitalised patient is ineligible for the DOLS regime and only the MHA regime may be used to authorise the deprivation of their liberty.</p>

scholarly journals Changes to the Mental Health and Mental Capacity Acts: implications for patients and professionals

2009 ◽  
Vol 33 (6) ◽  
pp. 226-230 ◽  
Author(s):  
Ian Hall ◽  
Afia Ali
Keyword(s):  
Mental Health ◽  
Work Load ◽  
Mental Capacity ◽  
Community Treatment ◽  
Mental Health Act ◽  
Mental Capacity Act 2005 ◽  
User Groups ◽  
Treatment Changes ◽  
Mental Capacity Act

SummaryThe new Mental Health Act 2007 for England and Wales has introduced substantial amendments to the 1983 Mental Health Act and has also amended the Mental Capacity Act 2005. Most provisions came into effect in November 2008. the introduction of supervised community treatment, changes to professional roles such as the role of ‘responsible clinician’, and the introduction of deprivation of liberty safeguards in the Mental Capacity Act are discussed. Many of the new safeguards in the Act are welcomed by clinicians and service user groups. However, other changes are more controversial and could potentially lead to an increase in the work load of clinicians.

scholarly journals Understanding community care law in England and Wales

2009 ◽  
Vol 15 (6) ◽  
pp. 428-433 ◽  
Author(s):  
Danny Allen
Keyword(s):  
Mental Health ◽  
Community Care ◽  
Mental Health Problems ◽  
Case Law ◽  
Mental Capacity ◽  
Care Provision ◽  
Care Programme ◽  
England And Wales ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act

SummaryAlthough psychiatrists in England and Wales are generally familiar with the Mental Health Act 1983 and the Mental Capacity Act 2005, there is a body of law that is available to assist patients in the community with which they are generally less familiar. There are two main reasons for this. The first is that it is a rather confused amalgam of different statutes and case law affecting each other in ways that are less than clear. The other is that the care programme approach (CPA) was meant to cut through all this and make care provision straightforward. In fact, the latter has never been the case and community care law has always sat uneasily alongside the CPA, but in October 2008 the CPA was withdrawn from some patients with mental health problems. This article explains what is meant by community care law and how psychiatrists can use it to help their patients.

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