Mental health law
From Ganfyd
The Mental Health Act 1983 defines and regulates the conditions under which a doctor may treat a patient without the latter's consent. Other issues have been dealt with in the Mental Health Act 2007 which introduced:
- “Deprivation of liberty safeguards".
- Extension to the rights of victims
- And specifically applied them in context of the 2004 Bournewood judgement by the European Court of Human Rights
Contents |
Section 2 of the MHA
S.2 allows for the detention in hospital of a patient for assessment if he:
- "Is suffering from a mental disorder of a nature or degree which warrants" it
and
- it is in the interests of the patient's health or safety or for the protection of others.
An order under section 2 of the MHA lasts for up to 28 days; at the end of this time the patient should either be made informal (ie voluntary), or further detained under Sec.3. The Sec.2 can be ended at any time before this by the consultant in charge of the patient's care
Section 3 of the MHA
S.3 similarly allows for the detention in hospital, this time for treatment if he:
- Has mental illness/severe mental impairment of a nature and degree which make such treatment appropriate;
or
- has psychopathic disorder/mental impairment of similar nature and degree, such treatment being likely to alleviate or prevent deterioration in his condition;
and
- it is in the interests of the patient's health or safety or for the protection of others.
An order under section 3 of the MHA lasts for up to 6 months, and is renewable by the responsible consultant. Again, it can be ended at any time by the consultant in charge of the patient's care, should they feel that the patient no longer warrants detention in hospital
Who needs to be involved?
As such detention for assessment or treatment involves removal of the patient's liberty, assessment by two doctors is required. If the two doctors make recommendations application is made usually by an Approved Social Worker (ASW) with the agreement of the next of kin.
The patient may appeal against the detention, under either section, to the Mental Health Commission.
Section 136 of the MHA
S.136 allows a constable who finds a person, in a place to which the public have access,who appears to him to be suffering from a mental disorder and to be in immediate need of care and control, to detain that person and convey him to a place of safety, which may be a police station or a hospital, for the purpose of enabling assessment of mental health and needs for care to be made by a doctor and social worker.
This assessment may involve invoking of s.2 or s.3 above
What can be treated under the MHA?
It should be noted that only treatment for the patient's psychiatric disorder can be given under the Mental Health Act. Treatment for physical illnesses cannot be given under the Mental Health Act unless the physical illness is a symptom or underlying cause of the patient's mental state.
Scotland
Broadly similar principles. See Scottish Executive web-site on Mental Health
Northern Ireland
Similar principles enshrined in Mental Health Order 1986
External links
- Mental Health Law page at the Department of Health web site (including links to guidance for GPs, for purchasing :-( a copy of the 1983 Act, and information about changes being considered or planned to mental health law)
- The Mental Health Act 1983 an outline guide from the charity MIND
- Mental Health Act 2007 Explanatory Notes
