New ‘Mental Health’ Legislation for England and Wales: Some Aspects of Consensus and Conflict

2006 ◽  
Vol 36 (1) ◽  
pp. 79-95 ◽  
Author(s):  
DAVID PILGRIM
Keyword(s):  
Mental Health ◽  
Quality Care ◽  
England And Wales ◽  
Professional Groups ◽  
Umbrella Organisation ◽  
Mental Health Legislation ◽  
Slow Progress ◽  
The Government ◽  
Health Legislation ◽  
Good Quality Care

The faltering emergence of new ‘mental health’ legislation in England and Wales between 1998 and 2005 is described. The slow progress largely reflected widespread opposition to the content of the government's plans to replace the Mental Health Act of 1983. That opposition was formalised in the Mental Health Alliance, an umbrella organisation which included user and professional groups as well as voluntary sector bodies. This article highlights the main points of dispute between the government and its opponents. In particular, concerns about compulsion and the duty of the state to guarantee good quality care in every locality divided the government and its critics. The implications of these disputes are discussed, along with some questions about interest work within the Alliance.

scholarly journals Different laws, same principles: mental health and incapacity legislation across the UK

2010 ◽  
Vol 16 (3) ◽  
pp. 158-160
Author(s):  
Donald Lyons
Keyword(s):  
Mental Health ◽  
Northern Ireland ◽  
Ethical Practice ◽  
England And Wales ◽  
Mental Health Legislation ◽  
Critical Issues ◽  
Care And Treatment ◽  
The Uk ◽  
Health Legislation

SummaryEngland and Wales, Scotland and Northern Ireland are all at different stages in developing their mental health legislation. All jurisdictions have encountered problems in interpretation and operation of the various acts. As an introduction to a series of articles to appear in Advances on mental health and incapacity law, this editorial offers a commentary on some of the critical issues and suggests some key principles that everyone should follow in order to provide care and treatment that accords with best legal and ethical practice.

New World of Mental Health Legislation England and Wales David Jolley and Reinhard Heun

2009 ◽  
Vol 24 (S1) ◽  
pp. 1-1
Author(s):  
D. Jolley ◽  
R. Heun
Keyword(s):  
Mental Health ◽  
Mental Disorder ◽  
Mental Illnesses ◽  
Community Treatment ◽  
List Type ◽  
Type Number ◽  
England And Wales ◽  
Use Of Resources ◽  
Mental Health Legislation ◽  
Health Legislation

After eight years of tortured negotiations between government, professional psychiatrists and lay pressure groups, England and Wales will begin to use new Mental Health Legislation November 2008. This will not be a new Mental Health Act, but a substantial modification of the 1983 act. There are nine key changes:1.A single definition of mental disorder: ‘any disorder of mind or brain’.2.Criteria for compulsion: ‘appropriate medical treatment’ test.3.Age-appropriate services: special arrangements for under 18 years.4.Professional roles: approved clinicians and responsible clinicians (non-medical).5.Nearest relative: recognises Civil Partnerships, allows displacement.6.Supervised Community Treatment Orders.7.Mental health Review Tribunal: unified.8.Advocacy: Independent Mental Health Advocates.9.ECT: new safeguards.The Code of Practice identifies five key principles:1.Purpose - to minimise adverse effects of Mental Disorder.2.Least Restriction.3.Respect - diverse needs, values and circumstances.4.Participation - involving patient in planning, developing and reviewing treatment and care.5.Effectiveness, efficiency and equity - optimal use of resources.Earlier drafts had been described as: ‘little more than a Public Oder Bill dressed up as Mental Health legislation’; ‘ethically unworkable and practically unworkable’. Much of the dissent related to suggestions that people with Personality Disorder behaving in a dangerous or antisocial way should be subject to compulsory detention. Fears included breach of liberties and Human Rights and transformation of Mental Health Services disadvantaging people with major mental illnesses.

scholarly journals Compulsory treatment in the community: current legal powers

2002 ◽  
Vol 8 (3) ◽  
pp. 180-188 ◽  
Author(s):  
Steffan Davies
Keyword(s):  
Mental Health ◽  
Northern Ireland ◽  
Compulsory Treatment ◽  
England And Wales ◽  
Mental Health Act ◽  
Department Of Health ◽  
Mental Health Legislation ◽  
Health Legislation

Reform of mental health legislation has been under consideration for several years in England and Wales (Department of Health, 2000a), where the Mental Health Act 1983 is in force, and in Scotland (Millan Committee Secretariat, 2001), which is governed by the Mental Health (Scotland) Act 1984. The Mental Health (Northern Ireland) Order 1986 is also under review, although the findings have yet to be published.

The Role of the GP in United Kingdom Mental Health Legislation

2011 ◽  
Vol 4 (12) ◽  
pp. 675-684 ◽  
Author(s):  
Shona N. Bennett ◽  
Mark Harrison ◽  
Michelle Gilmore ◽  
Daniel M. Bennett
Keyword(s):  
Mental Health ◽  
United Kingdom ◽  
Northern Ireland ◽  
Mental Capacity ◽  
Legal Systems ◽  
England And Wales ◽  
Mental Health Legislation ◽  
The Uk ◽  
Health Legislation

GPs may be required to assist in the administration of Mental Health or Mental Capacity Legislation. Although infrequent, this process can be complicated and time consuming. Due to different legal systems, the role of the GP in civil commitment varies considerably throughout the UK. This article aims to give a brief overview of the main pieces of legislation in the different areas of the UK, England and Wales, Scotland and Northern Ireland, and to assist the GP in navigating the practicalities of applying the law to clinical cases.

scholarly journals Capacity-based mental health legislation and its impact on clinical practice: 1) admission to hospital

2014 ◽  
pp. 9
Author(s):  
John Bellhouse ◽  
Anthony Holland ◽  
Isabel Clare ◽  
Michael Gunn ◽  
Peter Watson
Keyword(s):  
Mental Health ◽  
Clinical Practice ◽  
Hospital Admission ◽  
Men And Women ◽  
England And Wales ◽  
Capacity To Consent ◽  
Mental Health Legislation ◽  
Definition Of ◽  
False Imprisonment ◽  
Health Legislation

<p>In this study, as capacity is ‘decision-specific’, we have assessed the capacity of men and women to make decisions about admission and treatment separately, using the Law Commission’s definition of incapacity. In this paper, we focus on a person’s capacity to consent to admission. Surprisingly, the courts in England and Wales have not directly explored the nature of the information relevant to a decision about admission to hospital. Admission without consent constitutes false imprisonment, which is both a civil tort, and a crime.</p>

scholarly journals Developing a capacity test for compulsion in mental health law

2014 ◽  
Vol 1 (15) ◽  
pp. 72
Author(s):  
Chris Heginbotham ◽  
Mat Kinton
Keyword(s):  
Mental Health ◽  
Mental Capacity ◽  
Health Law ◽  
Mental Health Law ◽  
The United Kingdom ◽  
House Of Lords ◽  
Mental Health Legislation ◽  
The Commons ◽  
The Government ◽  
Health Legislation

<p>Concepts of mental capacity are taking on an increased importance in the mental health law of the United Kingdom. For England and Wales, the proposal to introduce a threshold requirement of ‘impaired decision-making’ into the criteria for detention under sections 2 and 3 of the Mental Health Act 1983 was the first amendment to be voted upon in the House of Lords’ reading of the Mental Health Bill. Despite its emphatic (and whipped) resistance to this amendment, Government lost the vote by a wide margin, although it seems possible, at the time of writing, that the Government will seek to overturn their defeat in the Commons.</p><p>It is therefore timely to re-examine the role of such capacity tests in mental health legislation dealing with detention and treatment. This paper describes as yet unresolved definitional questions that must be encountered when concepts of mental capacity operate as a threshold for coercive psychiatric detention and/or treatment.</p>

scholarly journals Narratives of reform: the Mental Health Act (MHA) in England and Wales from the 1983 MHA to the Wessley Review (2018)

2020 ◽  
Vol 22 (4) ◽  
pp. 217-226
Author(s):  
Ian Cummins
Keyword(s):  
Mental Health ◽  
Mental Health Services ◽  
Health Services ◽  
Mental Health Policy ◽  
Community Mental Health Services ◽  
Community Treatment ◽  
England And Wales ◽  
Content Type ◽  
Mental Health Legislation ◽  
Health Legislation

Purpose This paper aims to examine reform of mental health legislation in England and Wales. It covers the period from the introduction of the 1983 MHA to the proposed reforms outlined in the Wessley Review that was published in December 2018. Design/methodology/approach This is a literature-based project. Findings Reform of the mental health legislation reflects two potentially conflicting strands. One is the state’s power to incarcerate the “mad”, and the other is the move to protect the civil rights of those who are subject to such legislation. The failures to development adequately funded community-based mental health services and a series of inquiries in the 1990s led to the introduction of Community Treatment Orders in the 2007 reform of the MHA. Research limitations/implications The development of mental health policy has seen a shift towards more coercive approaches in mental health. Practical implications The successful reform of the MHA can only be accomplished alongside investment in community mental health services. Originality/value The paper highlights the tensions between the factors that contribute to mental health legislation reform.

scholarly journals Proportionality of legal discrimination

2010 ◽  
Vol 7 (1) ◽  
pp. 24-24
Author(s):  
Partha Gangopadhyay
Keyword(s):  
Mental Health ◽  
Code Of Practice ◽  
Department Of Health ◽  
Mental Health Legislation ◽  
Mental Capacity Act 2005 ◽  
Legal Duty ◽  
The Government ◽  
Mental Capacity Act ◽  
The Uk ◽  
Health Legislation

Sir: The article by Zigmond (2009) made for interesting reading. Mental health law is about balancing the need to detain people in order to protect them or other people from harm and the need to respect people's human rights and autonomy. In the UK, there was much concern during the development of recent mental health legislation, in particular the Mental Capacity Act 2005, that the government had got this balance wrong. Many of these concerns have been addressed in the updated Code of Practice to the 1983 Mental Health Act, which is an essential guide to practising under the Act (Department of Health, 2008). There is no legal duty to comply with the Code, but professionals must have regard to it and record the reason for any departure from the guidance (which can be subject to legal challenge).

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