The Proposed Mental Health Bill
The Proposed Mental Health Bill
I know someone who has dangerous episodes & should point out that there is a waiting list to get into 'psychiatric units' in Scotland, 9 times out of 10 they cant take him when he's at his worst, the psychiatric nurses are few & far between on home visits 'usual understaffing problem' so as i see it - this bill may be put in place but will make little difference here, i cannot of course speak for the effect it will have in England
The Proposed Mental Health Bill
helefra;473215 wrote: What are your thoughts on this?Firstly, that although this relates to a Bill before the UK Parliament, it "has the same extent as the Acts that it amends. It applies for the most part only to England and Wales".
I take these following extracts from http://www.publications.parliament.uk/p ... ex_link2_5
The legislation governing the compulsory treatment of certain people who have a mental disorder is the Mental Health Act 1983 (the 1983 Act). The main purpose of this Bill is to amend that Act but it is also being used to introduce "Bournewood safeguards" through amending the Mental Capacity Act 2005 (MCA).
The 1983 Act is largely concerned with the circumstances in which a person with a mental disorder can be detained for treatment for that disorder without his or her consent. It also sets out the processes that must be followed and the safeguards for patients, to ensure that they are not inappropriately detained or treated without their consent. The main purpose of the legislation is to ensure that people with serious mental disorders which threaten their health or safety or the safety of the public can be treated irrespective of their consent where it is necessary to prevent them from harming themselves or others.
It introduces a new "appropriate treatment" test which will apply to all the longer-term powers of detention. As a result, it will not be possible for patients to be compulsorily detained or their detention continued unless medical treatment which is appropriate to the patient's mental disorder and all other circumstances of the case is available to that patient
Deprivation of liberty should therefore be avoided where possible and would only be authorised if identified by independent assessment as a necessary and proportionate course of action to protect the person from harm.
The Government accepts that there will be some people who will need to be cared for in circumstances that deprive them of liberty because it is necessary to do so, in their best interests in order to protect them from harm. The Government does not consider that deprivation of liberty would be justified in large numbers of cases but recognises that such circumstances may arise, for example for some people with severe autism or dementia.
The aim of the Bournewood provisions is to provide legal safeguards for those vulnerable people who are deprived of their liberty, to prevent arbitrary decisions to deprive a person of liberty and to give rights of appeal. The safeguards apply to adults who lack capacity to consent to treatment or care, who are suffering from a disorder of the mind but who are not detained under the 1983 Act.
Paraphilias like fetishism or paedophilia are brought within the definition of "mental disorder".
The use and misuse of alcohol or drugs are not, by themselves, regarded clinically as a disorder or disability of the mind (although their effects may be). However, dependence on alcohol and drugs is regarded as a mental disorder.
The Appropriate Treatment Test requires that appropriate treatment is actually available for the patient. It is not enough that appropriate treatment exists in theory for the patient's condition. That's a restriction of the current state of affairs, not a widening.
Other than those changes, the Bill has no effect on existing provisions. Whatever's been done since 1983 remains in place. The Bill is an amendment to existing legislation, not a new replacement Act.
I took my information from the UK Parliament site. You took yours from a "briefing" last week. Who briefed you? I find it hard to discredit the site I used on the claims of an un-named "briefer" who gives no credentials. I found none of his claims substantiated. If the briefing was accurate it ought to be a simple matter to highlight the entries in the Act itself, something you should find interesting to do for your own advantage I'd have thought, but be warned that I couldn't find the claimed provisions anywhere in it. The Act can be found in its entirety at http://www.publications.parliament.uk/p ... .i-iv.html
I take these following extracts from http://www.publications.parliament.uk/p ... ex_link2_5
The legislation governing the compulsory treatment of certain people who have a mental disorder is the Mental Health Act 1983 (the 1983 Act). The main purpose of this Bill is to amend that Act but it is also being used to introduce "Bournewood safeguards" through amending the Mental Capacity Act 2005 (MCA).
The 1983 Act is largely concerned with the circumstances in which a person with a mental disorder can be detained for treatment for that disorder without his or her consent. It also sets out the processes that must be followed and the safeguards for patients, to ensure that they are not inappropriately detained or treated without their consent. The main purpose of the legislation is to ensure that people with serious mental disorders which threaten their health or safety or the safety of the public can be treated irrespective of their consent where it is necessary to prevent them from harming themselves or others.
It introduces a new "appropriate treatment" test which will apply to all the longer-term powers of detention. As a result, it will not be possible for patients to be compulsorily detained or their detention continued unless medical treatment which is appropriate to the patient's mental disorder and all other circumstances of the case is available to that patient
Deprivation of liberty should therefore be avoided where possible and would only be authorised if identified by independent assessment as a necessary and proportionate course of action to protect the person from harm.
The Government accepts that there will be some people who will need to be cared for in circumstances that deprive them of liberty because it is necessary to do so, in their best interests in order to protect them from harm. The Government does not consider that deprivation of liberty would be justified in large numbers of cases but recognises that such circumstances may arise, for example for some people with severe autism or dementia.
The aim of the Bournewood provisions is to provide legal safeguards for those vulnerable people who are deprived of their liberty, to prevent arbitrary decisions to deprive a person of liberty and to give rights of appeal. The safeguards apply to adults who lack capacity to consent to treatment or care, who are suffering from a disorder of the mind but who are not detained under the 1983 Act.
Paraphilias like fetishism or paedophilia are brought within the definition of "mental disorder".
The use and misuse of alcohol or drugs are not, by themselves, regarded clinically as a disorder or disability of the mind (although their effects may be). However, dependence on alcohol and drugs is regarded as a mental disorder.
The Appropriate Treatment Test requires that appropriate treatment is actually available for the patient. It is not enough that appropriate treatment exists in theory for the patient's condition. That's a restriction of the current state of affairs, not a widening.
Other than those changes, the Bill has no effect on existing provisions. Whatever's been done since 1983 remains in place. The Bill is an amendment to existing legislation, not a new replacement Act.
I took my information from the UK Parliament site. You took yours from a "briefing" last week. Who briefed you? I find it hard to discredit the site I used on the claims of an un-named "briefer" who gives no credentials. I found none of his claims substantiated. If the briefing was accurate it ought to be a simple matter to highlight the entries in the Act itself, something you should find interesting to do for your own advantage I'd have thought, but be warned that I couldn't find the claimed provisions anywhere in it. The Act can be found in its entirety at http://www.publications.parliament.uk/p ... .i-iv.html
Nullius in verba ... ☎||||||||||| ... To Fate I sue, of other means bereft, the only refuge for the wretched left.
When flower power came along I stood for Human Rights, marched around for peace and freedom, had some nooky every night - we took it serious.
Who has a spare two minutes to play in this month's FG Trivia game! ... My other OS is Slackware.
When flower power came along I stood for Human Rights, marched around for peace and freedom, had some nooky every night - we took it serious.
Who has a spare two minutes to play in this month's FG Trivia game! ... My other OS is Slackware.