Artículos de revistas: "Mental Health Act 2007"

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Dow, John. "Mental Health Act 2007". Journal of Integrated Care 16, n.º 2 (abril de 2008): 33–37. http://dx.doi.org/10.1108/14769018200800015.

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Beail, Nigel. "Mental Health Act (2007)". FPID Bulletin: The Bulletin of the Faculty for People with Intellectual Disabilities 6, n.º 4 (diciembre de 2008): 43. http://dx.doi.org/10.53841/bpsfpid.2008.6.4.43.

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Horne, John. "Foreword". International Journal of Mental Health and Capacity Law 1, n.º 16 (8 de septiembre de 2014): 128. http://dx.doi.org/10.19164/ijmhcl.v1i16.209.

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On 19th July 2007, the Mental Health Act 2007 received the Royal Assent. The 2007 Act amends the Mental Health Act 1983, the Mental Capacity Act 2005 and the Domestic Violence, Crime and Victims Act 2004.For those engaged in the mental health field, be it as lawyers, doctors, nurses, social workers or in some other professional role, or as service users, carers or family members, there is a great deal to take on board before most of these provisions are implemented on the intended date of October 2008. Much of the contents of this issue of the JMHL will hopefully assist readers who need to get to grips with the changes ahead.

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4

Nwachukwu, Izu, Niall Crumlish, Elizabeth A. Heron y Michael Gill. "Irish Mental Health Act 2001: impact on involuntary admissions in a community mental health service in Dublin". Psychiatrist 34, n.º 10 (octubre de 2010): 436–40. http://dx.doi.org/10.1192/pb.bp.109.028043.

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Aims and methodOn 1 November 2006, Ireland's Mental Health Act 2001 was implemented, replacing the country's Mental Treatment Act 1945. We aimed to assess the impact of this change in legislation on the number and duration of involuntary admissions. We undertook a retrospective review of all admissions to a psychiatric admissions unit from January to October 2006 (pre-implementation) and January to October 2007 (post-implementation).ResultsThere were 46 involuntary admissions in the 10-month period under study in 2006, or 33.8 per 100 000 population. There were 53 in 2007, or 39.3 per 100 000 population. This increase was not significant (z = – 0.7, P = 0.46), however involuntary admissions formed a larger proportion of all admissions under the Mental Health Act 2001 than under the Mental Treatment Act 1945 (χ2 = 4.2, P =0.04). There was no difference in the duration of involuntary admissions but under the 2001 Act, involuntary patients had longer periods of voluntary status as part of their admissions than under the 1945 Act.Clinical implicationsThe introduction of more rigorous procedures for involuntary admission did not significantly change the rate or duration of involuntary admissions in our centre. The finding that involuntary admissions included longer periods of voluntary status suggests that more care is being taken to revoke involuntary admission orders under the Mental Health Act 2001 than under the Mental Treatment Act 1945.

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5

Jones, Richard. "Deprivations of Liberty: Mental Health Act or Mental Capacity Act?" International Journal of Mental Health and Capacity Law 1, n.º 16 (8 de septiembre de 2014): 170. http://dx.doi.org/10.19164/ijmhcl.v1i16.212.

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The provisions of the Mental Health Act 2007 which amend the Mental Capacity Act 2005 (MCA) so as to provide for a procedure that can be used to authorise the deprivation of the liberty of a mentally incapacitated person are intended to sit alongside existing Mental Health Act 1983 (MHA) powers. But the nature of the relationship between the two Acts is far from clear. This article suggests that the new MCA procedure could be very much the poor relation of the MHA.

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6

Zigmond, Tony. "Changing mental health legislation in the UK". Advances in Psychiatric Treatment 14, n.º 2 (marzo de 2008): 81–83. http://dx.doi.org/10.1192/apt.bp.107.005116.

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Following devolution, the mental health acts of the constituent countries of the UK are diverging in their provisions. This editorial describes three significant differences between the new Mental Health (Care and Treatment) (Scotland) Act 2003, which came into effect in Scotland in 2005, and the Mental Health Act 2007 for England and Wales.

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7

Ho, Roger C., Cyrus S. Ho, Nusrat Khan y Ee Heok Kua. "An overview of mental health legislation in Singapore". BJPsych. International 12, n.º 2 (mayo de 2015): 42–44. http://dx.doi.org/10.1192/s2056474000000283.

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This article summarises the development of mental health legislation in Singapore in three distinctive periods: pre-1965; 1965–2007 and 2007 onwards. It highlights the origin of mental health legislation and the relationship between mental health services and legislation in Singapore. The Mental Health (Care and Treatment) Act 2008 and Mental Capacity Act 2008 are described in detail.

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8

Kelly, Brendan D. "The Irish Mental Health Act 2001". Psychiatric Bulletin 31, n.º 1 (enero de 2007): 21–24. http://dx.doi.org/10.1192/pb.31.1.21.

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The Mental Health Act 2001 was formally enacted by the Irish Houses of Oireachtas (parliament) on 8 July 2001 and implemented in full on 1 November 2006. The Mental Health Act 2001 replaces and updates a number of older pieces of legislation, including the Mental Treatment Act 1945. The purpose of this paper is to outline the central provisions of the Mental Health Act 2001 as they relate to psychiatric practice in Ireland. This paper does not aim to examine the issues surrounding delays in the implementation of the Act; these issues are well explored elsewhere (Daly, 2005; Ganter, 2005; Lawlor, 2005; Owens, 2005).

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9

Fennell, Phil. "The Mental Capacity Act 2005, the Mental Health Act 1983, and the Common Law". International Journal of Mental Health and Capacity Law 1, n.º 13 (5 de septiembre de 2014): 163. http://dx.doi.org/10.19164/ijmhcl.v1i13.178.

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This paper considers what has come to be known as the ‘interface’ between the Mental Capacity Act 2005 and the Mental Health Act 1983. Until the 2005 Act comes into force in 2007, practitioners will have to be aware of the interface between powers to admit to institutional care and treat without consent under common law and those which exist under the Mental Health Act 1983.In simple terms, the interface question is ‘When may the common law or, after 2007, the 2005 Act, be used to admit to institutional care and treat without consent, and when will use of the Mental Health Act be required?’ This article argues that there are two decisions of the European Court which need to be considered in determining how to bridge what has become the “Bournewood gap”: HL v United Kingdom and Storck v Germany. These will require that the State must provide effective supervisory mechanisms to ensure that mentally incapacitated people are not deprived of their liberty (Article 5) and do not have their right of bodily integrity interfered with (Article 8) without lawful authority.

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10

Hall, Ian y Afia Ali. "Changes to the Mental Health and Mental Capacity Acts: implications for patients and professionals". Psychiatric Bulletin 33, n.º 6 (junio de 2009): 226–30. http://dx.doi.org/10.1192/pb.bp.108.023333.

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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.

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11

Harvey, Ian. "Implementation of the mental health act 2007". Nursing Standard 24, n.º 51 (25 de agosto de 2010): 42–45. http://dx.doi.org/10.7748/ns.24.51.42.s49.

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Harvey, Ian. "Implementation of the Mental Health Act 2007". Nursing Standard 24, n.º 51 (25 de agosto de 2010): 42–45. http://dx.doi.org/10.7748/ns2010.08.24.51.42.c7942.

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13

Hale, Brenda. "Taking Stock". International Journal of Mental Health and Capacity Law, n.º 19 (8 de septiembre de 2014): 111. http://dx.doi.org/10.19164/ijmhcl.v0i19.246.

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We shall be reflecting on the experience of the three recent upheavals in mental health and mental capacity law – the Mental Capacity Act 2005, most of which came into force on 1 October 2007, accompanied by a Code of Practice; the Mental Health Act 2007 amendments to the Mental Health Act 1983, most of which came into force on 3 November 2008, accompanied by its two Codes of Practice; and the Mental Health Act 2007 amendments to the Mental Capacity Act 2005, bringing in the so-called deprivation of liberty safeguards or DOLS, on 1 April this year, together with another Code of Practice. That is a huge amount of new law for us all to get to grips with. Things have changed a great deal since I first started teaching Mental Health Law to social workers and psychiatrists in this very City in 1971 – nearly 40 years ago.

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14

Humphreys, Martin. "Coercion and Consent: Monitoring the Mental Health Act 2007–2009". International Journal of Mental Health and Capacity Law, n.º 19 (8 de septiembre de 2014): 195. http://dx.doi.org/10.19164/ijmhcl.v0i19.263.

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15

Nandakumar, M. "AKT question relating to Mental Health Act 2007". InnovAiT 4, n.º 5 (1 de mayo de 2011): 287. http://dx.doi.org/10.1093/innovait/inr077.

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16

Ranjit, Beth. "Can the use of the Mental Health Act be the 'least restrictive' approach for psychiatric in-patients?" International Journal of Mental Health and Capacity Law 2016, n.º 22 (19 de octubre de 2016): 51. http://dx.doi.org/10.19164/ijmhcl.v2016i22.551.

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In England and Wales, involuntary admissions for assessment or treatment in mental health wards are based on the legal framework of the Mental Health Act 1983 (as amended in 2007) or the Mental Capacity Act 2005, with the Deprivation of Liberty Safeguards introduced in 2007. But what is the "least restrictive" approach and are we truly safeguarding in-patients’ liberty by curbing use of the Mental Health Act in particular groups?

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17

PRINS, HERSCHEL. "COUNTERBLAST: The Mental Health Act 2007 (A Hard Act to Follow)". Howard Journal of Criminal Justice 47, n.º 1 (18 de enero de 2008): 81–85. http://dx.doi.org/10.1111/j.1468-2311.2008.00506.x.

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18

Daw, Rowena. "The Mental Health Act 2007 – The Defeat of an Ideal". International Journal of Mental Health and Capacity Law 1, n.º 16 (8 de septiembre de 2014): 131. http://dx.doi.org/10.19164/ijmhcl.v1i16.210.

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This short account of the history of the reform of the Mental Health Act covers the main issues that divided the participants in the process, and the flawed legacy that remains. It gives the background to central provisions of the 2007 Act as they were amended during the parliamentary process and reflects on some problems they raise. It does not consider the amendments to the Mental Capacity Act 2005 to cover so-called ‘Bournewood’ patients, although some implications of the different regimes will be mentioned.

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19

Beezhold, J., G. Mosa, A. Pandey, S. Pandey, M. Dyer y C. Kitromilidou. "The Impact of Change in the 2007 English Law on Mental Health Act Detentions". European Psychiatry 41, S1 (abril de 2017): S618—S619. http://dx.doi.org/10.1016/j.eurpsy.2017.01.991.

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BackgroundThe Mental Health Act (MHA) 2007 made some significant changes from the Mental Health Act 1983, including the fact that detention is now only allowed if an appropriate medical treatment is available to the patient at the time [1]. There was considerable concern at the time that the 2007 Act would lead to an increase in detentions.ObjectiveThe primary objective is to assess how the change in the English law with the MHA 2007 has affected the number of detentions under the MHA.MethodsA retrospective, observational and noninterventional study used anonymised and routinely collected data regarding 11,509 people who were formally assessed under the Mental Health Act during the period of 2001–2011 in the county of Norfolk. This included 7885 assessments before the 2007 MHA and 3620 done after implementation.ResultsThe proportion of people detained following assessment decreased from 53.2% before the 2007 MHA to 42.9% after implementation (P = .000). The total proportion of patients admitted (whether informally or detained) also decreased from 63.3% before the 2007 MHA to 52.8% thereafter (P = .000).ConclusionThese results show a significant decrease in the rate of detentions under the MHA since the 2007 Act became law.Disclosure of interestThe authors have not supplied their declaration of competing interest.

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20

Beail, Nigel. "Mental Health Act 2007: First Non-medical Approved Clinicians". FPID Bulletin: The Bulletin of the Faculty for People with Intellectual Disabilities 8, n.º 3 (2010): 15.1–15. http://dx.doi.org/10.53841/bpsfpid.2010.8.3.15.

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Macaskill, Amy M., Barbara A. Brodie y Brian Keil. "Scottish place of safety legislation: local audit of Section 297 Mental Health (Care and Treatment) (Scotland) Act 2003". Psychiatrist 35, n.º 5 (mayo de 2011): 185–89. http://dx.doi.org/10.1192/pb.bp.110.030874.

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Aims and methodFollowing recommendations made by our 2004–2005 audit, we carried out a re-audit of the local Section 297 protocol in 2007–2008. Our aim was to establish the quality of documented information provided by the police; adherence to the protocol; completion rates of documentation; and rates of notification to the Mental Welfare Commission for Scotland, in keeping with the standards set in the Code of Practice of the Mental Health (Care and Treatment) (Scotland) Act 2003.ResultsWe reliably traced 84 POS1 forms completed in accordance with the protocol. The audit identified a rate of 74–89% notification to the Mental Welfare Commission for Scotland. By comparison, there is a surprisingly wide variation in notification rates across Scotland. Good-quality information was given by the police, despite receiving no additional training.Clinical implicationsThis audit highlights a serious lack of information about place-of-safety legislation in Scotland. For patients in the catchment area, the joint protocol and use of standard documentation has significantly standardised patient care. Other health boards and police forces should consider this as they implement legislation.

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22

Reilly, Jacquie y Jacqueline M. Atkinson. "The Use of Capacity Criteria in Mental Health Laws in the UK". History & Philosophy of Psychology 13, n.º 1 (2011): 52–56. http://dx.doi.org/10.53841/bpshpp.2011.13.1.52.

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For the first time in the UK, the Mental Health (Care and Treatment) (Scotland) Act 2003 introduced a capacity-based criterion for compulsory treatment or detention under the law, namely, impaired ability to make medical decisions. This followed the introduction of the Adults with Incapacity (Scotland) Act 2000. This is significantly different from England which has two separate Acts like Scotland but there is a lack of a capacity criterion in the Mental Health Act 2007. In Northern Ireland a Bill being put before the Assembly in 2011 aims to combine mental health and capacity laws as one piece of legislation, which will be the first of its kind in the world. This paper explores the concept of capacity in relation to mental illness, looks at the three approaches to legislation in the UK and draws together ideas around the pros and cons of using capacity criteria in mental health legislation.

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23

Horne, John. "Foreword". International Journal of Mental Health and Capacity Law 1, n.º 17 (8 de septiembre de 2014): 5. http://dx.doi.org/10.19164/ijmhcl.v1i17.252.

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As readers will be only too aware, the 3rd November 2008 will see the coming into effect of most of the amendments made by the Mental Health Act 2007 to the Mental Health Act 1983. It is also the date on which the Mental Health Review Tribunal becomes one of the new First-tier tribunals within the Health, Education and Social Care Chamber consequent to the provisions of the Tribunals, Courts and Enforcement Act 2007. With the publication of numerous regulations and lengthy Codes, the implementation of the Deprivation of Liberty (formerly a/k Bournewood) safeguards still scheduled to take effect in April 2009, and the Mental Capacity Act 2005 having not yet been in force for even a year, these are very demanding (and interesting) times for all those working in the field covered by mental health law.There is so much to be considered and written about, but of course potential authors (particularly at this time) have many other pressing demands made of them, in addition to any requests editors of academic journals may make. Fortunately some have found the time to write for this issue of the JMHL.

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Spencer-Lane, Tim. "The Nearest Relative and Nominated Person: A Tale of Parliamentary Shenanigans". International Journal of Mental Health and Capacity Law, n.º 21 (8 de septiembre de 2014): 48. http://dx.doi.org/10.19164/ijmhcl.v0i21.229.

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The nearest relative (NR) has proved to be a resilient feature of mental health legislation. The powers and the rules for the identification of the NR remain largely unchanged since the role was introduced in the Mental Health Act 1959, with the Mental Health Acts 1983 and 2007 only having made relatively minor modifications. The NR has even survived two attempts to abolish it, in the draft Mental Health Bills of 2002 and 2004.Few would doubt that the NR provides an important legal safeguard for the rights of mental health patients. However, the rules for establishing the identity of the NR relative are, by common consent, deeply flawed. The identification rules are rooted in the 1950s and reflect many of the assumptions about the structure and role of the family that were prevalent in the immediate post-war period. As such, they fail to reflect the lives and circumstances of mental health patients in the twenty-first century.This paper outlines, briefly, the role of the NR and the changes introduced by the Mental Health Act 2007, and the main criticisms of the rules for identifying the NR. Its main purpose, however, is to set out the reforms to those rules that were nearly achieved by the Mental Health Alliance during the passage of the Mental Health Bill 2006 and to document the ensuing Parliamentary debates. The paper concludes by considering the future of the NR.

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Parker, Camilla. "Children and Young People and the Mental Health Act 2007". International Journal of Mental Health and Capacity Law 1, n.º 16 (8 de septiembre de 2014): 174. http://dx.doi.org/10.19164/ijmhcl.v1i16.213.

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This article considers three areas in which the Mental Health Act 2007 has introduced some positive change in relation to children and young people: admission to hospital, age appropriate facilities and advocacy. It also highlights issues of continuing concern. It does so in the light of the United Nations Convention on the Rights of the Child (‘the Convention’), which was ratified by the UK government in 1991 and applies to all those aged under 18.

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Sheather, Julian. "The Mental Capacity Act 2005". Clinical Ethics 1, n.º 1 (1 de marzo de 2006): 33–36. http://dx.doi.org/10.1258/147775006776173309.

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The Mental Capacity Act, which received Royal Assent in April 2005, will come into force in April 2007. The Act puts into statute the legality of interventions in relation to adults who lack capacity to make decisions on their own behalf. The aim of this paper is to outline the main features of the legislation and its impact on those health care professionals who provide care and treatment for incapacitated adults. The paper sets out the underlying ethical principles that govern interventions under the Act's powers and briefly explores the legal definition of incapacity and the process by which capacity is assessed. It looks at the governing notion of 'best interests' and at the legal indemnity provided by the Act for interventions that are in the best interests of an incapacitated adult. It contains sections on the Act's main innovations, including research involving incapacitated adults, lasting powers of attorney and the new Court of Protection. It also provides information on advance decisions to refuse treatment.

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Owino, Arthur O. "The Mental Capacity Act 2005 and its potential impact on the use of restraint". Psychiatric Bulletin 32, n.º 4 (abril de 2008): 124–26. http://dx.doi.org/10.1192/pb.bp.107.016436.

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The staged implementation of the Mental Capacity Act 2005 (further referred to as the Act) began in April 2007 and was completed in October 2007. The Act provides a comprehensive statutory framework for making decisions for people in England and Wales, aged 16 years and over, who lack capacity to make a particular decision at a particular time. Section 5 of the Act codifies the common law doctrine of necessity and provides a defence to anyone who performs an act in connection with the care and treatment of another person – in that person's best interest – reasonably believed to lack capacity in that matter.

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&NA;. "2007 ACT Membership Application". Journal of ECT 23, n.º 1 (marzo de 2007): 48–50. http://dx.doi.org/10.1097/01.yct.0000264348.52387.cb.

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Branton, Tim y Guy Brookes. "Definitions and criteria: the 2007 amendments to the Mental Health Act 1983". Advances in Psychiatric Treatment 16, n.º 3 (mayo de 2010): 161–67. http://dx.doi.org/10.1192/apt.bp.108.006577.

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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.

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Curtice, Martin, Fareed Bashir, Sanjay Khurmi, Juli Crocombe, Tim Hawkins y Tim Exworthy. "The proportionality principle and what it means in practice". Psychiatrist 35, n.º 3 (marzo de 2011): 111–16. http://dx.doi.org/10.1192/pb.bp.110.032458.

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SummaryThe Mental Health Act 2007 and the Mental Capacity Act 2005 have been made compatible with the European Convention on Human Rights (as enacted in the UK by the Human Rights Act 1998). The respective Codes of Practice have now embedded within them a human rights-based approach. Central to this is the principle of proportionality, which is regarded as the dominant theme underlying the Convention. This article explores the legal basis of proportionality, specifically analysing its use in relation to the Mental Health Act and the Mental Capacity Act. In doing so, it considers the use of the principle of proportionality in clinical practice.

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Jonsson, Greg Wayne, Yusuf Moosa y Fatima Jeenah. "The Mental Health Care Act: Stakeholder compliance with respect to Section 40 of the Act." South African Journal of Psychiatry 15, n.º 2 (1 de junio de 2009): 6. http://dx.doi.org/10.4102/sajpsychiatry.v15i2.177.

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Objective. To determine compliance with Section 40 (1-3) of the Mental Health Care Act (MHCA) No 17 of 2002, viz. handing over custody by the South African Police Service (SAPS) of suspected mentally ill patients to medical services at Chris Hani Baragwanath Hospital (CHBH).Methods. The study was a retrospective record review of patients who were 18 years and older, referred by SAPS to CHBH. In accordance with Section 40 of the MHCA, a MHCA form 22 is completed when suspected mentally ill patients are handed over by SAPS to the medical services. MHCA forms 22 that were completed during the period July 2007 to December 2007 were obtained from hospital records and analysed to determine the compliance of SAPS and medical practitioners in completing them. Results. During the study period, 708 of the 718 patients handed over by SAPS to the Emergency Department of CHBH were entered on MHCA forms 22. SAPS officials had correctly completed 86% of the forms, whereas the medical practitioners had only correctly completed 9.9% of the forms. Of the 718 patients handed over by SAPS, 319 (44%) were discharged for outpatient care.Conclusion. The findings of this study suggest that not all parties fully comply with Section 40 of the Mental Health Care Act No 17 of 2002. We suggest that the situation can be improved by training of all parties; amendments to the MHCA form 22; partnership between mental health care practitioners and members of SAPS; and combining resources towards implementing a crisis intervention model similar to that in other countries.

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Humphreys, Dr Martin. "Risk, Rights, Recovery: The Twelfth Biennial Report 2005-2007 - The Mental Health Act Commission". International Journal of Mental Health and Capacity Law 1, n.º 17 (8 de septiembre de 2014): 108. http://dx.doi.org/10.19164/ijmhcl.v1i17.285.

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Kingston, Helen. "Blackstone’s Guide To The Mental Health Act 2007 by Paul Bowen". International Journal of Mental Health and Capacity Law 1, n.º 17 (8 de septiembre de 2014): 116. http://dx.doi.org/10.19164/ijmhcl.v1i17.289.

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Fung, Nicole Karen y Indra Ethirmannasingam. "Anomaly in the transitional arrangements for the Mental Health Act 2007". Psychiatric Bulletin 32, n.º 11 (noviembre de 2008): 437. http://dx.doi.org/10.1192/pb.32.11.437.

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Of Bradford, Lord Patel y Chris Heginbotham. "Race equality, human rights and mental health legislation: Recent developments in England and Wales". South African Journal of Psychiatry 13, n.º 3 (1 de agosto de 2007): 3. http://dx.doi.org/10.4102/sajpsychiatry.v13i3.17.

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England now has revised mental health legislation following the passage of a mental health Bill through both Houses of Parliament following protracted discussions over seven years. The Mental Health Bill 2006, amending the Mental Health Act 1983, eventually received Royal Assent on 19 July 2007. There is much that could be said about the new Act, which makes a number of important changes to the present legislation. These changes include a new single definition of mental disorder; the abolition of the so-called ‘treatability test’; and the extension of compulsion into the community through a supervised community treatment order.

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Brindle, Nick y Tim Branton. "Interface between the Mental Health Act and Mental Capacity Act: deprivation of liberty safeguards". Advances in Psychiatric Treatment 16, n.º 6 (noviembre de 2010): 430–37. http://dx.doi.org/10.1192/apt.bp.109.006890.

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SummaryThe deprivation of liberty safeguards were introduced into the Mental Capacity Act in 2008 to enhance the protection of adults in residential homes or hospitals who lack capacity in relation to their care arrangements and who are or may be deprived of their liberty. Deprivation of liberty itself is an imprecise concept and there may be difficulty in applying the appropriate authority where there is a choice between the Mental Capacity Act 2005 and the Mental Health Act 1983. Therefore, this article explains the evolution of mental capacity legislation and the concept of deprivation of liberty, how it may be recognised, prevented and authorised by deprivation of liberty safeguards, along with some of the interface issues with the Mental Health Act 1983.

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Sen, Piyal y Ashley Irons. "Personality disorder and the Mental Health Act 1983 (amended)". Advances in Psychiatric Treatment 16, n.º 5 (septiembre de 2010): 329–35. http://dx.doi.org/10.1192/apt.bp.109.006841.

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SummaryThe Mental Health Act 1983 now incorporates amendments introduced in 2007. This article explores features of the amended Act that affect the treatment of patients with personality disorder in England and Wales. It discusses issues such as the broad definition of mental disorder, treatability and professional roles, with specific reference to how they might, or might not, affect usual practice concerning patients with personality disorder. It also comments on elements within the Act that could positively affect people with personality disorder, such as community treatment orders, provision to change their ‘nearest relative’ and statutory advocacy services. The political climate in which the Act has been amended is commented on, as well as how this might potentially compromise some of the positives within the Act.

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Palazidou, Eleni y Anna Polyniki. "Mental health law in Cyprus". BJPsych International 15, n.º 4 (23 de abril de 2018): 81–83. http://dx.doi.org/10.1192/bji.2017.24.

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The current Law for Psychiatric Care in the Republic of Cyprus was enacted in 1997 with amendments made in 2003 and 2007. The mental health law makes provision for the development and function of Psychiatric Centres for the care of the mentally ill. In contrast to the old Mental Health Law there is a major shift from a custodial approach to community care. Compulsory admissions under the Act, which require a Court Order, are made to a designated secure psychiatric in-patient unit. The protection of patients' human rights is at the core of the Act.The Mental Health Commission, a Supervisory Committee and designated body for the Protection of the Rights of the Mentally Ill, assists in the correct implementation of the Mental Health Law. The Commission has a primarily advisory role but it is actively involved in monitoring the implementation of the Mental Health Law.

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Lyons, Donald. "New mental health legislation in Scotland". Advances in Psychiatric Treatment 14, n.º 2 (marzo de 2008): 89–97. http://dx.doi.org/10.1192/apt.bp.107.004960.

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The Mental Health (Care and Treatment) (Scotland) Act 2003 was implemented in October 2005. This article summarises the main features of the Act and its differences from previous legislation. The Act was intended to provide a more flexible range of interventions, including compulsory treatment in the community. It also introduced a number of new safeguards. These are described and early data on their impact are presented. Some provisions of the Act are time-consuming and cumbersome, but there is evidence that psychiatrists are committed to its principles and this is borne out by early monitoring data. Some aspects of the Act are being reviewed at the time of writing.

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Cheng, Kai-Da y Frank Huang-Chih Chou. "Highlights of the 2022 Amendment to the Taiwan Mental Health Act". Taiwanese Journal of Psychiatry 38, n.º 1 (2024): 20–24. http://dx.doi.org/10.4103/tpsy.tpsy_5_24.

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Abstract Background: Each country has each mental health act (MHA), which usually responds to the need of the society. Without exception, Taiwan has been through the enacting and amending the MHA since 1990. Methods: In the review, the authors intend to recount and to describe enacted or amended MHA in Taiwan. They are focusing on 2022 amendment to the MHA in Taiwan. Results: In Taiwan, the MHA with 52 articles was enacted in 1990, aiming at preventing and treating mental illnesses, safeguarding patient rights, promoting patient welfare, enhancing national mental health, as well as maintaining social harmony and tranquility. After several minor amendments, a significant revision took place in 2007. Since 2007, the focus of amendment to MHA was shifted from originally preventing and treating mental illnesses and protecting patient rights, to the addition of avoiding the stigmatization of mental illnesses. The goal of maintaining social harmony and tranquility was removed, but support and assistance for patients in community living were emphasized. The United Nations’ “Convention on the Rights of Persons with Disabilities” (CRPD), announced in 2006, serves as a crucial benchmark for the protection of the rights of persons with disabilities internationally. Taiwan’s implementation law for the CRPD was promulgated in 2014. According to the spirit of the CRPD, the 2022 Amendment to the MHA in Taiwan is intended to enhance the protection of the rights of patients with mental illnesses, to strengthen community support for patients, and to assist them in achieving equal living with others. The 2022 amended MHA in Taiwan comprises seven chapters and 91 articles, with key focuses on (a) promoting mental health, (b) establishing community mental health centers and diverse community support, (c) improving patient assistance and front-end prevention, strengthening patient reporting, and establishing crisis management mechanisms, (d) changing the approach to mandatory hospitalization treatment to involve judicial reservation, and (e) safeguarding patient rights, prioritizing criminal proceedings in cases of homicide and injury, and preventing stigmatization. Conclusion: The 2022 Amendment to the MHA in Taiwan is dedicated to more comprehensively caring for individuals with mental illnesses when concurrently safeguarding their rights, aligning with the modern societal emphasis on mental and physical health.

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Huline-Dickens, Sarah. "Implementing legislative changes on young people's consent to treatment: a guide for trainers". Advances in Psychiatric Treatment 17, n.º 6 (noviembre de 2011): 454–60. http://dx.doi.org/10.1192/apt.bp.110.008185.

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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.

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Bashir, Anjum y Sheila Tinto. "Misapplication of mental impairment under the Mental Health Act 1983". Psychiatric Bulletin 30, n.º 2 (febrero de 2006): 69–70. http://dx.doi.org/10.1192/pb.30.2.69.

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As Professor Eastman (2000) has noted: the law is fond of ‘using’ psychiatry for its own ends at times, but the Mental Health Act 1983 is an example of psychiatrists using the law as a tool of public policy. This makes their education in and interpretation of it all the more vital. The MRCPsych part II module ‘Ethics and the Law’ requires candidates to demonstrate knowledge of relevant mental health and human rights legislation, and to illustrate the appropriate application of such information (Royal College of Psychiatrists, 2001). We submit a masked case study that in practice seems to us a misinterpretation of the Act.

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Parker, Camilla. "The Mental Health Act 1983: the impact of the changes introduced by the Mental Health Act 2007 on people with learning disabilities". Tizard Learning Disability Review 13, n.º 4 (diciembre de 2008): 38–43. http://dx.doi.org/10.1108/13595474200800038.

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Marth, Dean. "Mental Health Parity Act of 2007: An Analysis of the Proposed Changes". Social Work in Mental Health 7, n.º 6 (30 de junio de 2009): 556–71. http://dx.doi.org/10.1080/15332980802297473.

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Curtice, Martin J. R. "Medical treatment under Part IV of the Mental Health Act 1983 and the Human Rights Act 1998: review of Article 3 and 8 case law". Psychiatric Bulletin 33, n.º 3 (marzo de 2009): 111–15. http://dx.doi.org/10.1192/pb.bp.108.020990.

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Since the introduction of the Human Rights Act 1998, all courts and tribunals are obliged to interpret all laws and statute consistently and compatibly with the Human Rights Act. This includes the Mental Health Act 1983 (and the 2007 amendments) and mental health review tribunals. Mental health case law has evolved with regard to medical treatment under Part IV (Consent to Treatment) of the Mental Health Act being compliant with the Human Rights Act. Review and analysis of such case law can aide everyday clinical decision-making as well as improving knowledge of the Human Rights Act.

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Humphreys, Dr Martin. "The Mental Health Act Commission Tenth Biennial Report 2001–2003". International Journal of Mental Health and Capacity Law 1, n.º 11 (4 de septiembre de 2014): 170. http://dx.doi.org/10.19164/ijmhcl.v1i11.159.

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Hall, Ian y Afia Ali. "Amendments to the Mental Health Act 1983: implications for people with learning disabilities". Advances in Mental Health and Learning Disabilities 3, n.º 1 (11 de mayo de 2009): 3–8. http://dx.doi.org/10.1108/17530180200900002.

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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.

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Roychowdhury, Ashimesh. "Mental capacity assessments in secure care: an unnecessary complication?" Psychiatric Bulletin 33, n.º 12 (diciembre de 2009): 461–64. http://dx.doi.org/10.1192/pb.bp.108.020115.

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SummaryThis is a review of the key criteria and implications of the Mental Capacity Act 2005 for patients in forensic care detained under the Mental Health Act 1983. Both Acts were amended by the Mental Health Act 2007 and its subsequent Code of Practice; the impact of these changes will be explored here. Through review of the Code of Practice and hypothetical clinical scenarios, I argue that capacity judgements in mental disorder are inherently complex, unreliable and inextricably linked to risk assessment, and that an overemphasis on capacity when making decisions about patient management in secure care can paradoxically obscure the more central issue of risk and proportionality. the key clinical implication is a call for secure services to be balanced in how they adopt best practice principles from the new Mental Capacity Act so that the spirit of the Act, such as valuing patient autonomy, is preserved and that the debate about what practices in secure care are truly proportionate and justified remains at the forefront of clinical thinking.

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Khan, Nusrat N., Badi'ah Yahya, Abd Kadir Abu Bakar y Roger C. Ho. "Malaysian mental health law". BJPsych. International 12, n.º 2 (mayo de 2015): 40–42. http://dx.doi.org/10.1192/s2056474000000271.

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The Malaysian Mental Health Act 2001 did not come into effect until the Mental Health Regulations 2010 came into force. The Act provides a framework for the delivery of comprehensive care, treatment, control, protection and rehabilitation of those with mental disorders. The Act governs the establishment of private and government psychiatric hospitals, psychiatric nursing homes and community mental health centres. This paper outlines the provisions of the Act and the Regulations.

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Mhaoláin, Áine Ni y Brendan D. Kelly. "Ireland's Mental Health Act 2001: where are we now?" Psychiatric Bulletin 33, n.º 5 (mayo de 2009): 161–64. http://dx.doi.org/10.1192/pb.bp.108.019760.

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SummaryIreland's Mental Health Act 2001 was fully implemented in 2006 and aimed to bring Irish legislation more in line with international standards such as the European Convention on Human Rights and United Nations Principles for the Protection fo Persons with Mental Illness. the new legislation introduced several important reforms in relation to involuntary admission, independent reviews of involuntary detention, consent to treatment, and treatment of children and adolescents. Although the Mental Health Act 2001 focuses clearly on protecting the right to liberty, it also presents significant challenges in terms of service delivery and resources within Irish mental health services.

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