Mental Health Act 2007
Mental Health Act 2007 amends the Mental Health Act 1983 and the Mental Capacity Act 2005 and is an Act of the Parliament of the United Kingdom but applies only to people in England and Wales.[1] The full implementation of the Act is planned to be complete by October 2008.[2]
It introduces significant changes which include:
- Introduction of Supervised Community Treatment. This new power replaces supervised discharge with a power to return the patient to hospital if the medication regime is not being complied with in the community.
- Redefining professional roles: broadening the range of professionals who can be responsible for the treatment of patients without their consent.
- Nearest relative: making it possible for some patients to appoint a civil partner as nearest relative.
- Definition of mental disorder: introduce a new definition of mental disorder throughout the Act abolishing previous categories
- Criteria for detention: introduce a requirement that someone cannot be detained for treatment unless appropriate treatment is available and remove the treatability test.
- Mental Health Review Tribunal (MHRT): improve patient safeguards by taking an order-making power which will allow the current time limit to be varied and for automatic referral by hospital managers to the MHRT.
- Electroconvulsive Therapy may not be given to a patient who has capacity to refuse consent to it, and may only be given to an incapacitated patient where it does not conflict with any advance directive, decision of a donee or deputy or decision of the Court of Protection.[3][4]
There were concerns amongst some mental health professionals that the legislation was based more upon tabloid stories on the danger presented by mentally disordered people (especially the Michael Stone case), than on the practical shortcomings of the current Act. Critics of the Bill asserted that it would mean mental health professionals being "suborned as agents of social control" (Mullen, 2005). Supporters of more restrictive legislation insisted that dangerous people must be detained in hospital by doctors in their own interests and for public protection, regardless of whether their mental disorder can be treated (Maden, 2005).
References
- ^ In Scotland, these matters are covered by the Mental Health (Care and Treatment) (Scotland) Act 2003. In Northern Ireland, by Mental Health (Northern Ireland) Order 1986, which has been amended by the The Mental Health (Amendment) (Northern Ireland) Order 2004.
- ^ Implementation from DOH website. accessed 20 March 2008
- ^ Mental Health Act Commission Policy Briefing for commissioners Issue 17Accessed July 25 2007
- ^ Mental Health Act 2007 Accessed July 25 2007
External links
Further Reading
- Atkinson, J. (2006) Private and Public Protection: Civil Mental Health Legislation, Edinburgh, Dunedin Academic Press