Barristers! Get some last-minute CPD here: CPD scheme :-)
Magic Book | Email updates | Email discussion list | Online updates | Case law | CPD scheme | Books | Jobs | Events

Law Society, 'Mental Health Act 1983 Independent Review: Call for Evidence: Law Society response' (22/1/18)

The Law Society's response notes that the MHA/MCA interface, and UNCRPD compatibility, need to be considered, and contains proposals under the following sub-headings: (a) Giving informal admission statutory force; (b) Period of detention under Section 3; (c) Treatment without consent under the MHA 1983; (d) Automatic referrals to the tribunal; (e) Statutory requirement to discharge where detention criteria are not met; (f) Managers Hearings for patients who lack capacity; (g) The need for an express requirement of tribunals to have regard to ECHR Rights; (h) Transfer of Prisoners to Hospital; (i) Inadequacy of tribunal powers in respect of transferred patients; (j) Community Treatment Orders; (k) Lack of access to aftercare for patients detained under section 2 and informal patients; (l) Learning Disabilities & Autism; (m) Under 18s; (n) Nearest Relative Rule; (o) Our views on mental health service provision.

Introduction

The Law Society's page containing the link to the PDF states:

The Law Society has responded to the government’s Independent Review of the Mental Health Act 1983.

The response contains high-level observations of what the Society considers to be the most serious problems with the Act, now over 30 years old.

These include:

  • Inadequate rights for patients to challenge their detention in the Mental Health Tribunal
  • Unjustifiable imposition of medical treatment on patients without their consent in the first three months of detention
  • A complete lack of safeguards for children in mental health detention
  • Inordinate delay in the treatment of prisoners with mental health problems
  • Confusion and conflict with the operation of the Mental Capacity Act 2005 and the United Nations Convention on the Rights of Persons with Disabilities.

See also

External link