query: who does the mental health act 1983 apply to

pos: Mental Health Act 1983 Mental Health Act 1983 The Mental Health Act 1983 (c.20) is an Act of the Parliament of the United Kingdom which applies to people in England and Wales. It covers the reception, care and treatment of mentally disordered persons, the management of their property and other related matters. In particular, it provides the legislation by which people diagnosed with a mental disorder can be detained in hospital or police custody and have their disorder assessed or treated against their wishes, informally known as "sectioning". Its use is reviewed and regulated by the Care Quality Commission. The Act has been significantly

pos: Mental Health Act 1983 Ireland is covered by the Mental Health (Northern Ireland) Order 1986, as amended by the Mental Health (Amendment) (Northern Ireland) Order 2004. Scotland: Only the parts of the Act defined in s.146 have effect in Scotland. The care of mentally disordered people in Scotland is covered by the Mental Health (Care and Treatment) (Scotland) Act 2003. Mental Health Act 1983 The Mental Health Act 1983 (c.20) is an Act of the Parliament of the United Kingdom which applies to people in England and Wales. It covers the reception, care and treatment of mentally disordered persons, the management of their property

pos: Mental Health Act 2007 the 1983 Act instead. Despite this concession, the Bill was still defeated a number of times in the House of Lords prior to its receiving Royal Assent. , the Green Party supported a reform of the Mental Health Act in order to remove transgender people from the Psychiatric Disorder Register, which they view as discriminatory. Mental Health Act 2007 The Mental Health Act 2007 (c 12) is an Act of the Parliament of the United Kingdom. It amended the Mental Health Act 1983 and the Mental Capacity Act 2005. It applies to people in England and Wales. Most of the

pos: Mental Health Act 2007 Mental Health Act 2007 The Mental Health Act 2007 (c 12) is an Act of the Parliament of the United Kingdom. It amended the Mental Health Act 1983 and the Mental Capacity Act 2005. It applies to people in England and Wales. Most of the Act was implemented on 3 November 2008. It introduced significant changes which included: During the Act's development, there were concerns expressed that the changes proposed by the Mental Health Bill were draconian. As a result, the government was forced in 2006 to abandon their original plans to introduce the Bill outright and had to amend

neg: Mental Health Act 1983 niece; lastly, an unrelated person who resides with the mentally disordered person. Thus a person's Nearest Relative under the Act is not necessarily their "next of kin". A mentally disordered person is not usually able to choose their Nearest Relative but under some circumstances they can apply to a County Court to have a Nearest Relative replaced. In practice, such applications are more commonly made by Social Services Departments. The Nearest Relative has the power to discharge the mentally disordered person from some sections of the Act. Mental Health Act Managers represent the management of the NHS Trust or independent

neg: Approved mental health professional assessment of individual who are being considered for assessment under the Mental Health Act 1983. The reason why some specialist mental health professionals are eligible to undertake this role is broadly to avoid excessive medicalisation of the assessment and treatment for individuals living with a mental disorder, as defined by section 1 of the Mental Health Act 1983. It is the role of the AMHP to decide, on the medical recommendations of doctors (or a doctor for the purpose of section 4 of the Act), whether a person should be detained under the Mental Health Act. Approved mental health professionals

neg: Next of kin of children were born outside marriage in 2012). As a result of these social changes, the policy in most NHS trusts is to ask a person on their admission to hospital to nominate their next of kin formally. Powers similar to next-of-kin as defined in other jurisdictions can be explicitly delegated to another person using lasting power of attorney, under the provisions of the Mental Capacity Act 2005 (note that this Act does not relate specifically to mental health and is largely unrelated to the Mental Health Act). The Mental Health Act 1983, Section 26 replaced the traditional term next-of-kin

neg: Mental Health Act 1983 Section 47, in the same way that Section 41 provides for “restrictions” to Section 37. The Act provides the legal framework for the assessment and treatment of mental disorders. It does not provide for the assessment or treatment of physical illnesses. There has been substantial case law to confirm this interpretation. Thus, a person who has a mental illness as well as an unrelated physical illness for which he is refusing treatment, cannot be treated for his physical illness against his wishes under the Act. In such cases, however, it might be deemed that the person lacks the mental capacity

neg: Fixated Threat Assessment Centre the Home Office Tony McNulty, "FTAC does not detain people in psychiatric hospitals. When it encounters an individual in need of mental health care it alerts their general practitioners and psychiatrists, who then provide appropriate help under existing legislation. FTAC may make use of police powers under section 136 of the Mental Health Act 1983 to take a person who appears to be suffering from mental disorder, and in immediate need of care or control, to a place of safety. When people are removed to hospital under section 136, they are examined by a registered medical practitioner and interviewed by

neg: Mental Health Act 1983 nervosa, major depression, bipolar disorder and other similar illnesses, learning disability and personality disorders. Most people are subject to the Act, and section 141 even makes provision for members of the House of Commons, until it was repealed by the Mental Health (Discrimination) Act 2013. In 1983–84, the House of Lords Committee for Privileges accepted the advice of the law lords that the statute would prevail against any privilege of Parliament or of peerage. An Approved Mental Health Professional (AMHP) is defined in the Act as a practitioner who has extensive knowledge and experience of working with people with mental

neg: Mental Health Act 1983 these ten parts are divided into "sections", which are numbered continuously throughout the Act. In total, there are 149 sections in the Act. The term "mental disorder" is very loosely defined under the Act, in contrast to legislation in other countries such as Australia and Canada. Under the Act, mental disorder is defined as "any disorder or disability of mind". The concept of mental disorder as defined by the Act does not necessarily correspond to medical categories of mental disorder such as those outlined in ICD-10 or DSM-IV. However, mental disorder is thought by most psychiatrists to cover schizophrenia, anorexia

neg: Mental Health Act Commission Mental Health Act Commission The Mental Health Act Commission was an NHS special health authority that provided a safeguard for people detained in hospital under the powers of the Mental Health Act 1983 in England and Wales. Mental health care is the only part of health care where patients can be treated under compulsion, and necessarily there are very clear legal requirements on hospitals and the other services involved - primarily local authority social services. The Commission was abolished on 31 March 2009. The Commission was established under the Mental Health Act 1983 and consisted of some 100 members (Commissioners),

neg: Mental Health Act Commission provided important safeguards to patients who lack capacity or refuse to consent to treatment, through the Second Opinion Appointed Doctor Service. Its functions were: In addition, the Commission was encouraged by the Secretary of State to advise on policy matters that fall within the Commission's remit. Mental Health Act Commission The Mental Health Act Commission was an NHS special health authority that provided a safeguard for people detained in hospital under the powers of the Mental Health Act 1983 in England and Wales. Mental health care is the only part of health care where patients can be treated under compulsion,

neg: Lunacy (Vacating of Seats) Act 1886 declared of unsound mind and relieved of his seat. The Lunacy (Vacating of Seats) Act 1886 was repealed and replaced by the Mental Health Act 1959; the Mental Health Act 1959 was itself repealed and replaced by the Mental Health Act 1983. The section was subsequently repealed by the Mental Health (Discrimination) Act 2013. Lunacy (Vacating of Seats) Act 1886 The Lunacy (Vacating of Seats) Act 1886 (49 Vict.c.16) was an Act of the Parliament of the United Kingdom. It provided a mechanism for a Member of Parliament who was judged to be of unsound mind to be removed from

neg: Mental health tribunal into 'chambers'; mental health tribunals come within the 'Health and Social Care Chamber'. A tribunal has three members; the legal, specialist and medical member who sit together as the tribunal. A new Upper Tribunal level was also created which hears appeals against decisions by the First-tier tribunal. Appeals may then be made for a Judicial review in English law. The tribunal is legislated for by the Mental Health Act 1983 as amended by the Mental Health Act 2007, and the Mental Capacity Act 2005 can also have a bearing. Patients held in the mental health system after facing criminal charges

neg: Approved mental health professional (AMHPs) are trained to implement elements of the Mental Health Act 1983, as amended by the Mental Health Act 2007, in conjunction with medical practitioners. They have received specific training at least at Level 7 on the National Qualifications Framework, such as a MSc Mental Health (AHMP) or PGDip in Mental Health Studies relating to the application the Mental Health Acts, usually lasting one or two years and perform the role in assessing and deciding whether there are grounds to detain mentally disordered people who meet the statutory criteria. The AMHP is also an important healthcare professional when making decisions

neg: Mental Health Act 1983 disorders. Until the 2007 amendments, this role was restricted to social workers, but other professionals such as nurses, clinical psychologists and occupational therapists are now permitted to perform this role. AMHPs receive specialised training in mental disorder and the application of mental health law, particularly the Mental Health Act. Training involves both academic work and apprenticeship and lasts one year. The AMHP has a key role in the organisation and application of Mental Health Act assessments and provides a valuable non-medical perspective in ensuring legal process and accountability. A section 12 approved doctor is a medically qualified doctor who has

neg: Rights of mental health patients in New Zealand public from genuinely 'dangerous' people." Patients can be compulsorily treated for mental illness under the Act. Part 1 allows for the compulsory assessment and treatment of a patient. Section 8 states that any person may apply to the Director of Area Mental Health Services (DAHMS) for the assessment of someone believed to be experiencing mental illness. Section 8B states that this application must be accompanied by a certificate from a medical professional who believes the person may be suffering from a mental disorder. An assessment will then be arranged under the provisions of s9 of the Act. If the patient

neg: Healthcare proxy health capacity advocate may be appointed under the Mental Capacity Act 2005; the provisions made in the same Act for a lasting power of attorney may also provide a satisfactory basis for providing care via an attorney, who does not require to be professionally qualified. Different arrangements apply elsewhere in the UK. Healthcare proxy In the field of medicine, a healthcare proxy (commonly referred to as HCP) is a document (legal instrument) with which a patient (primary individual) appoints an agent to legally make healthcare decisions on behalf of the patient, when the patient is incapable of making and executing

neg: Mental health tribunal or appeal of detentions. As it has a federal system of government, the tribunals vary by state in Australia. Examples include the Mental Health Review Tribunal of New South Wales and the Mental Health Review Tribunal (NT) (Northern Territories). In New Zealand there is a right to apply for a review in a family court prior to applying for a Mental Health Review Tribunal. Rarely a hearing at the High Court is possible. The related legislation is the Mental Health (Compulsory Assessment & Treatment) Act 1992 (and Amendment Act 1999 of the same name). As Canada has a federal system

neg: Mental Health (Discrimination) Act 2013 Mental Health (Discrimination) Act 2013 The Mental Health (Discrimination) Act 2013 (introduced into Parliament as the Mental Health (Discrimination) (No. 2) Bill) is an Act of Parliament of the United Kingdom introduced to the House of Commons by Gavin Barwell, the Conservative Member of Parliament (MP) for Croydon Central. The Bill passed its House of Commons second reading on 14 September 2012. There are four sections of the Act. Section 1 ("Members of Parliament etc") removes from the Mental Health Act 1983 the provision that disqualifies from the House of Commons a member sectioned for over six months under that

neg: Nearest relative Nearest relative The nearest relative is a designated relationship defined in the legislation of England and Wales through the Mental Health Act 1983, as amended by the Mental Health Act 2007. It is the duty of the Approved mental health professional to determine who is the "nearest relative" of the patient and consult them in the process of assessment, treatment or guardianship. In Section 26 of the Act, there is a specific hierarchy of kinship relations with the patient or in the context of the type and length of joint residency, as well as caring relationships which is used to

neg: Mental Health Review Tribunal (England and Wales) Mental Health Review Tribunal (England and Wales) In England, the First-tier Tribunal (Mental Health), more commonly known as the Mental Health Tribunal, is an independent quasi-judicial body established to safeguard the rights of persons subject to the Mental Health Act 1983. It provides for consideration of appeals against the medical detention or forced treatment of a person who was deemed to be suffering from a mental disorder that was associated with a risk to the health or safety of that person or others. Prior to an overhaul of the tribunal system in 2008, its functions were carried out by the

neg: History of electroconvulsive therapy in the United Kingdom under the common law. In 2002, just over one in five ECT patients had not consented to treatment. In Scotland the Mental Health (Care and Treatment) (Scotland) Act 2003 gave patients with capacity the right to refuse ECT. In 2007 Parliament in London considered amendments to the Mental Health Act 1983, including one which would give capable people the right to refuse ECT in some circumstances. Section 58A of the Mental Health Act 2007 gives people who retain decision-making capacity the right to refuse ECT, unless their psychiatrist thinks they need it urgently. It came into force in November 2008

neg: Mental Health Review Tribunal (England and Wales) Mental Health Review Tribunal, which was a standalone body. In 2008 the Mental Health Review Tribunal was formally abolished as a standalone body and merged with the Health and Social Care Chamber of the newly established First-tier Tribunal (FTT). A new Upper Tribunal was also created, which hears appeals against decisions by the FTT. In Wales, the corresponding body is the Mental Health Review Tribunal for Wales. Mental Health Tribunals are independent quasi-judicial bodies that operate under the provisions of the Mental Health Act 1983 and the Mental Health Review Tribunal Rules 1983. A Tribunal's main purpose is to review

neg: Mental Health Act 1983 detention under section 3 for treatment should be implemented, or whether the patient should be regraded to "informal" legal status. Section 135 is a magistrates' order. It can be applied for by an AMHP in the best interests of a person who is thought to be mentally disordered, but who is refusing to allow mental health professionals into their residence for the purposes of a Mental Health Act assessment. Section 135 magistrates' orders give police officers the right to enter the property and to take the person to a “place of safety”, which is locally defined and usually either a

neg: Peyote results may not apply to those who use peyote in other contexts. A four-year large-scale study of Navajo who regularly ingested peyote found only one case where peyote was associated with a psychotic break in an otherwise healthy person; other psychotic episodes were attributed to peyote use in conjunction with pre-existing substance abuse or mental health problems. Later research found that those with pre-existing mental health issues are more likely to have adverse reactions to peyote. Peyote use does not appear to be associated with hallucinogen persisting perception disorder (a.k.a. "flashbacks") after religious use. Peyote does not seem to be

neg: Mental health tribunal 21 of the Mental Health (Care and Treatment) (Scotland) Act 2003. The Mental Health Review Tribunal for Northern Ireland was set up under the Mental Health (Northern Ireland) Order 1986. Mental Health Tribunals in Ireland are administered by the Mental Health Tribunals Division of the Mental Health Commission. The related law is the Mental Health Act 2001. In many other jurisdictions, where mental health reviews are stipulated they tend to be carried out by a judge rather than by specialist tribunals. Turkey does not yet have a single coherent mental health law and there is no established system of review

neg: Approved mental health professional under guardianship or community treatment orders. Assessment and detention under the Act is colloquially known as being 'sectioned', or 'sectioning', in reference to the application of sections of the Mental Health Act relevant to this process. The role to apply for the 'section' remains with the AMHP, not the medical doctor, as many professionals and lay individuals think, thus a doctor may feel a section is needed, although it is actually the AMHP who is the individual who will decide if this is required after detailed assessment and consultations with the medical doctors. AMHPs are responsible for organising, co-ordinating and

neg: Mental health trust themselves (they may form part of a general hospital run by an NHS Hospital Trust). The various trusts work together and with local authorities and voluntary organisations to provide care. Services provided by Mental health trusts vary but typically include: Counselling sessions - one-to-one or in a group If more specialist hospital treatment is required, Mental Health Trusts will help with rehabilitation back into the community (social inclusion). Trusts may operate community mental health teams, which may include Crisis Resolution and Home Treatment, assertive outreach and early intervention services. The Mental Health Act 1983, Mental Health Act 2007 and Mental

neg: Mental Health Act 1983 by a specialised Justice of the Peace and lasted one year. Thereafter, detention could be renewed at regular intervals by submission of a medical report to the Lunacy Commission. The Mental Deficiency Act 1913 renamed the Lunacy Commission the "Board of Control" and increased the scope of its powers. The functions of the Board of Control were subsequently altered by the Mental Treatment Act 1930 and the National Health Service Act 1946. The Lunacy Act 1890 was repealed following World War II by the Mental Health Act 1959. This Act abolished the Board of Control, and aimed to provide informal

neg: Sentencing in England and Wales another. In an individual case, any or all of the purposes may be relevant to a certain degree and it will be for the judge or magistrate to decide how they apply.” These considerations do not apply to fixed sentences, minimum sentences or certain orders imposed under the Mental Health Act 1983. The court is required to make two principal decisions: the type of sentence and its length (or, in the case of a fine, the amount). The court will first consider the following factors: Such facts as whether the offence was committed on bail for other offences, or whether

neg: Printz v. United States warrant, fugitives from justice, unlawful aliens, persons with court-mandated protective orders issued against them, persons who have been involuntarily committed to a mental health facility, adjudicated mentally ill by a court, and others. Persons disqualified from firearms ownership for mental health reasons can apply to have this disability removed. States that do not maintain an application process to allow persons disqualified for mental health reasons to obtain relief from firearms prohibition face Justice Assistance Grant penalties. Section 105 of the NICS Improvement Amendments Act of 2007 (NIAA), cited as Pub. L. 110-180, § 105, provides for restoration of firearm ownership

neg: Timeline of disability rights outside the United States the person may be forcibly medicated, if the medication regime is not being complied with in the community. 2. Redefining professional roles: broadening the range of mental health professionals who can be responsible for the treatment of patients without their consent. 3. Creating the role of approved clinician, which is a registered healthcare professional (social worker, nurse, psychologist or occupational therapist) approved by the appropriate authority to act for purposes of the Mental Health Act 1983 (as amended). 4. Replacing the role of approved social worker by the role of approved mental health professional; the person fulfilling this role need

neg: Mental health professional Successful completion allows an individual to register and work as a qualified social worker. There are various additional optional courses for gaining qualifications specific to mental health, for example training in psychotherapy or, in England and Wales, for the role of Approved Mental Health Professional (two years' training for a legal role in the assessment and detention of eligible mentally disordered people under the Mental Health Act (1983) as amended in 2007). Social workers in England and Wales are now able to become Approved Clinicians under the Mental Health Act 2007 following a period of further training (likely at postgraduate

neg: Mental Health Act 1983 to consent to treatment of the physical illness, in which case treatment could be given, in the person’s best interests, under the Mental Capacity Act 2005. However, if the physical illness is causing the mental disorder, or if the physical illness is a direct consequence of the mental disorder, treatment of the physical illness is permitted under the Act. A common example of this is a person who has a short-lived confused state as a result of a physical illness such as an infection or a heart attack, but who is refusing assessment or treatment of the underlying condition. It

neg: Christine Jones (police officer) including deaths in police custody. She concluded that police officers were too often being used for tasks of which they were not trained, such as transporting people detained under the Mental Health Act 1983 to hospital or detention of people in crisis at police stations—a practice she wishes to see become a "never event". Jones oversaw the implementation of an assessment framework for the Met in 2013 which was intended to assist police officers in recognising mental health issues, which showed that a third of individuals who come to police attention have mental health problems. During Jones' tenure, mental health

neg: Mental Health Act 1983 thrust of the Act provides the power to detain a person in hospital to treat their mental disorder. There is currently no provision allowing compulsory treatment of mentally disordered people in the community. Indeed, the Act was drafted at a time when mental health care was focused on institutions rather than Care in the Community. Since the 1980s, there has been a huge shift in emphasis of mental health care away from inpatient treatment. Under Sections 7 and 8 of the Act, “guardianship” allows for a mentally disordered person to be required to reside at a specific address, to attend

neg: Mental Health Act 1983 medical treatments such as psychiatric medications, electroconvulsive therapy and psychosurgery was needed in order to balance the rights of detained persons with society as a whole. The Mental Health Act 1983 was formally approved by the monarch on 9 May 1983 and came into effect on 30 September that year. It has been amended three times: first in 1995, again in 2001 (via remedial order, issued on the grounds of incompatibility with the European Convention of Human Rights under the Human Rights Act 1998 section 4), and once more in 2007. The Act is divided into ten "parts": Each of

neg: Patient Self-Determination Act Patient Self-Determination Act The Patient Self-Determination Act (PSDA) was passed by the United States Congress in 1990 as an amendment to the Omnibus Budget Reconciliation Act of 1990. Effective on December 1, 1991, this legislation required many hospitals, nursing homes, home health agencies, hospice providers, health maintenance organizations (HMOs), and other health care institutions to provide information about advance health care directives to adult patients upon their admission to the healthcare facility. This law does not apply to individual physicians. Because the 1991 PSDA does not apply to individual physicians, private clinics and practices, most of which are incorporated for-profit

neg: Christine Dean a consultant responsible for clients of two new Home Treatment/ Crisis Resolution teams in West London and then for a newly established Assertive Outreach service. Dean is employed by the Ministry of Justice, as medical member of the Mental Health Review Tribunal which hears the cases of people who are appealing against their detention under a section of the Mental Health Act 1983. She also worked as a consultant for the Helen Bamber Foundation which assist people who are victims of human rights abuse, seeing people who have mental health problems. Dean has maintained her interest in the arts and

neg: Mental Health Parity Act Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act (MHPAEA), which the 110th United States Congress passed as rider legislation on the Troubled Asset Relief Program (TARP), signed into law by President George W. Bush in October 2008. Notably, the 2010 Patient Protection and Affordable Care Act extended the reach of MHPAEA provisions to many health insurance plans outside its previous scope. The MHPA applies to group health plans for plan years beginning on or after January 1, 1998. The original sunset provision provided that the parity requirements would not apply to benefits for services furnished on

neg: Care Quality Commission new care services must complete, inspections and monitoring of a range of data sources that can indicate problems with services. Part of the commission's remit is protecting the interests of people whose rights have been restricted under the Mental Health Act. Until 31 March 2009, regulation of health and adult social care in England was carried out by the Healthcare Commission and the Commission for Social Care Inspection. The Mental Health Act Commission had monitoring functions with regard to the operation of the Mental Health Act 1983. The commission was established as a single, integrated regulator for England's health and

neg: Mental Health Act 1983 police station or a psychiatric hospital ward. Section 136 is a similar order that allows a police officer to take a person whom they consider to be mentally disordered to a “place of safety” as defined above. This only applies to a person found in a public place. Once a person subject to a Section 135 magistrates' order or Section 136 police officers' order is at a place of safety, they are further assessed and, in some cases, a Section 2 assessment order or Section 3 treatment order implemented. Part III and other various criminal sections of the Act apply

neg: Mental Health Act 1983 is legal to treat such a physical illness under Section 2 of the Mental Health Act, on the grounds that treatment of the physical illness will alleviate symptoms of the mental disorder. However, this is rarely carried out in practice, given that the mental disorder is likely to be extremely transitory and emergency treatment is often necessary. It is more usual for physical illnesses to be treated under the Mental Capacity Act 2005 where appropriate in these circumstances. On the other hand, enforced re-feeding of severely emaciated people with anorexia nervosa is more likely to take place under the Act,

neg: Mental health law as interpreted through case law. Mental health-related legal concepts include mens rea, insanity defences; legal definitions of "sane," "insane," and "incompetent;" informed consent; and automatism, amongst many others. Statutory law usually takes the form of a mental health statute. An example is the Mental Health Act 1983 in England and Wales. These acts codify aspects of the treatment of mental illness and provides rules and procedures to be followed and penalties for breaches. Not all countries have mental health acts. The World Health Report (2001) lists the following percentages, by region, for countries with and without mental health legislation. Mental

neg: Sentencing in England and Wales under s.41 of the Mental Health Act 1983. The community sentences are provided in s 177 of The Criminal Justice Act 2003'. specifically s(h) 'a mental health treatment requirement'. The details of such treatments can be found in Section 207 "Mental health treatment requirement" of the Criminal Justice Act 2003. A community order requiring treatment of offender will only be made if the court is satisfied that the mental condition is treatable, and that there is no need to make a hospital order. A hospital order will only be made if the condition suffered by the offender make it appropriate

neg: Involuntary commitment internationally passed in 2008 to regulate the involuntary detention of a person in a psychiatric institution for the treatment of a mental disorder, or in the interest of the health and safety of the person or the persons around him. In the United Kingdom, the process known in the United States as involuntary commitment is informally known as "detaining" or "sectioning," using various sections of the Mental Health Act 1983 (covering England and Wales), the Mental Health (Northern Ireland) Order 1986 and the Mental Health (Care and Treatment) (Scotland) Act 2003 that provide its legal basis. In England and Wales, approved

neg: Involuntary commitment internationally Acts described provide also for the transfer of patients between prisons and Forensic Mental Health Units, and the reasons for doing this. New Zealand has found that closing its large country psychiatric hospitals and replacing them with small inpatient units, and a community care model, does not always mean better care. While many people were released who were able to adapt to, and become part of, their communities, some patients were unable to adapt. The current system is not set up for people who require long term closely supervised mental health care. The Mental Health (Care and Treatment) Act was

neg: Human rights in the United Kingdom also be detained, such as persons in need of care and attention under the National Assistance Act 1948, children in the care of a local authority in secure accommodation, those suffering from infectious diseases under the Public Health Act of 1984 and those detained by the British Armed Forces abroad. The courts have powers to sentence offenders and deprive them of their liberty, as well as detain mental patients under the provisions of the Mental Health Act 1983. They may also order the payment of compensation to persons who have been unlawfully detained and the Home Secretary may award payments

neg: Forensic social work and when necessary, arrange aftercare (under s.117 of the Mental Health Act 1983) and social assessments. Psychiatric Social Worker's are now called Mental Health Professionals, Mental Health Social Worker, of if trained, an Approved Mental Health Professional are often located within Community Mental Health Team, hospital or based in the local authority. The social worker fulfills the role of the Social Supervisor to specify suitable accommodations for discharged patients, and to assess risk. They provide specialist social care reports to the Mental Health First Tier Tribunal. The Department of Health in England currently identifies the following functions as being key

neg: Rights of mental health patients in New Zealand allow those suffering from such a condition to be subject to compulsory treatment under the Mental Health Act. Remission of mental illness does not necessarily mean that an individual is no longer mentally disordered. The inclusion of the word "intermittent" gives clinicians scope to ensure patient compliance with treatment where treatment has caused remission and ceasing treatment would lead to a resurgence of illness. Part 6 of the MHA lays out the rights of patients receiving mental health care. These rights are: Whilst a number of these rights were included in the previous Mental Health Act (1969), others are new

neg: Psychopathy Act 1983. Amendments to MHA1983 within the Mental Health Act 2007 abolished the term "psychopathic disorder", with all conditions for detention (e.g. mental illness, personality disorder, etc.) encompassed by the generic term of "mental disorder". In England and Wales, the diagnosis of dissocial personality disorder is grounds for detention in secure psychiatric hospitals under the Mental Health Act if they have committed serious crimes, but since such individuals are disruptive to other patients and not responsive to usual treatment methods this alternative to traditional incarceration is often not used. Starting in the 1930s, before some modern concepts of psychopathy were

neg: Mental health in the United Kingdom The contract provided 28 inpatient mental health beds for young adults but the service consistently had about 51 inpatients. Mental health problems among university students have been increasing. Suicides among university students have increased. There is need for better joined up care between GP's at their parents' home where students are during vacations and university provision away from home. Waiting times before students can access mental health care are long. The Tory manifesto for the 2017 general election promised to provide £1 billion extra cash by 2021 for mental health in England, to scrap the Mental Health Act 1983 and

neg: Approved mental health professional by two medical practitioners who must be independent of each other and at least one of whom should be a specialist in mental health, called being 'section 12 approved' under section 12 of the Mental Health Act 1983. Preferably one of the medical assessors should have previous acquaintance with the person being assessed. Efforts should be made to seek less restrictive alternatives to detention if it is safe and appropriate to do so, such as using an individuals's own support networks, in line with the principle of care in the least restrictive environment. AMHP's are expected to take account of

neg: AH v West London Mental Health Trust demonstrated by his historical records. References were also made to 'psychopathic disorder', a legal category in the Mental Health Act 1983 which could cover any persistent mental disorder if it appeared to lead (in the individual case) to abnormally aggressive or irresponsible conduct; the category was abolished by amendments in the Mental Health Act 2007 which came into force in 2008. A separate political-administrative category of "Dangerous and Severe Personality Disorder" had been introduced in the UK from the turn of the 21st century, and one of four DSPD units nationwide is at Broadmoor Hospital although it is not clear

neg: History of psychosurgery in the United Kingdom modified type. The Mental Health Act 1983 specified that psychosurgery could only be carried out on consenting patients, and then only with the approval of the Mental Health Act Commission. The decline in psychosurgery has continued to 2007, with the latest figures from the Mental Health Act Commission showing that 5 operations were authorised in Wales in the 2-year period 2005–2007. A few operations every year are also performed in Dundee, Scotland. No psychosurgical operations were performed in England between 1999 and 2009; one operation was performed in 2010 in Bristol. In total, over 20,000 people have undergone psychosurgical operations

neg: Mental health in Russia possession of the homes of the ill. This view is repeated by Alexander Danilin, who says that the Mental Health Law is certainly a progressive thing but, in reality, nothing changes because real change will only happen when specialists change their viewpoints and methods. According to Russian psychiatrist Emmanuil Gushansky, the Law "On Psychiatric Care and Guarantees of Citizens' Rights during Its Provision" that has been in force since 1993 is declaratory in nature and does not guarantee any rights. Not only the general and reference items of the Law but also its articles of direct application, which apply to

neg: Alaska Mental Health Enabling Act telegram from his Washington-based son L. Ron Hubbard, Jr. and two other Scientologists alerting him to the upcoming February Senate hearings: Although the church says that Scientologists led the opposition to the bill, the "Congressional Record"'s account of the Senate hearings into the bill does not mention the church. A contemporary review of the opposition to the bill likewise attributes the lead role elsewhere and to right-wing groups, rather than the "civil liberties" organizations cited by the church: Alaska Mental Health Enabling Act The Alaska Mental Health Enabling Act of 1956 (Public Law 84-830) was an Act of Congress passed

neg: Mental Health Act 1983 been recognised under section 12(2) of the Act. They have specific expertise in mental disorder and have additionally received training in the application of the Act. They are usually psychiatrists, although some are general practitioners (GPs) who have a special interest in psychiatry. An Approved Clinician (AC) is a healthcare professional who is competent to become responsible for the treatment of mentally disordered people compulsorily detained under the Act. A clinician must complete special training and demonstrate competence in their professional portfolio in order to be approved as an AC. Until the 2007 amendments, they would almost exclusively have been

neg: National Mental Health Act lives of those previously suffering from psychosis and delusion, and were a result of the new funding and federal support that came from the National Mental Health Act of 1946. National Mental Health Act The National Mental Health Act (1946) became law on July 3, 1946. It established and provided funds for a National Institute of Mental Health (NIMH). The act made the mental health of the people a federal priority. It was inspired by alarm at the poor mental health of some draftees and veterans, and was demanded by veterans and their families. When veterans who were under stress

neg: Mental Health Act 1983 hospital with responsibility for a detained patient. These are usually non-executive members of the board of the relevant National Health Service Trust and appointed lay 'Associate Managers'. Hospital Managers will hear appeals from patients against their detention and review renewals of lengthy detentions. Cases are heard in similar settings to those heard by the Mental Health Review Tribunal outlined below. Mental Health Review Tribunals (MHRTs) hear appeals against detention under the Act. Their members are appointed by the Lord Chancellor and include a doctor, a lawyer and a lay person (i.e. neither a doctor nor a lawyer). Detained persons have

neg: Mental Health Review Tribunal (England and Wales) are completely independent of the hospital authorities. The Regional Chairmen and the Secretariat work closely together to make sure that the whole Tribunal process is closely managed. The role of the Home Office is confined to cases involving 'restricted patients'. Tribunals operate independently of all Government Departments. Mental Health Review Tribunal (England and Wales) In England, the First-tier Tribunal (Mental Health), more commonly known as the Mental Health Tribunal, is an independent quasi-judicial body established to safeguard the rights of persons subject to the Mental Health Act 1983. It provides for consideration of appeals against the medical detention or forced

neg: History of psychosurgery to destroy tissue included thermocoagulation, suction, radioisotopes and leucotomes. By far the most common diagnosis of those undergoing psychosurgery was depression, followed by anxiety, violence, obsessive-compulsive disorder, and schizophrenia. The 1983 Mental Health Act legislated for the use of psychosurgery. Section 57 stipulated that it could only be used on patients who had consented to it, and when a psychiatrist from the Mental Health Act Commission had authorised it and the psychiatrist and two non-medical people from the Commission considered that the consent was valid. By the end of the 1980s about 20 patients a year were undergoing psychosurgery in

neg: Approved mental health professional Approved mental health professional The role of approved mental health professional (AMHP) in the United Kingdom was created in the 2007 amendment of the Mental Health Act 1983 to replace the role of "approved social worker" (ASW). The role is broadly similar to the role of the approved social worker but is distinguished in no longer being the exclusive preserve of social workers. It can be undertaken by other professionals including registered mental health nurses, occupational therapists and registered psychologists after receiving appropriate post-qualifying and masters level (level 7 NQF) training. The role of the AMHP is to coordinate the

neg: Barr Tribunal or to the peace, and (c) is not a person declared by this Act to be disentitled to hold a firearms certificate." "They include, inter alia, any person of intemperate habits, any person of unsound mind and any person who is subject to the supervision of the police. A person of ‘‘unsound mind’’ is not defined in the firearms legislation. However, it is referred to (rather than defined) in the Mental Treatment Act, 1945 as a person who requires detention for protection and care and who is unlikely to recover within a six-month period. The Mental Health Act, 2001 does

neg: Approved mental health professional mental health review tribunal. AMHPs work with the responsible clinician and others in the process of assessment and decision making in setting up CTOs and in making decisions on revocation. Approved mental health professional The role of approved mental health professional (AMHP) in the United Kingdom was created in the 2007 amendment of the Mental Health Act 1983 to replace the role of "approved social worker" (ASW). The role is broadly similar to the role of the approved social worker but is distinguished in no longer being the exclusive preserve of social workers. It can be undertaken by other professionals

neg: Genetic policy in the United States Privacy and Nondiscrimination Act of 1995, the Genetic Fairness Act of 1996, the Genetic Information Nondiscrimination in Health Insurance Act of 1995 and the Genetic Confidentiality and Nondiscrimination Act of 1996. GINA laws do not protect people from genetic discrimination in every circumstance. It does not apply when an employer has fewer than 15 employees. It does not cover people in the U.S. military or those receiving health benefits through the Veterans Health Administration or Indian Health Service. GINA also does not protect against genetic discrimination in forms of insurance other than health insurance, such as life, disability, or long-term

neg: Beacon UK Beacon UK Beacon UK is a private provider of mental health services launched in the UK in September 2011 by Dr Emma Stanton, a practising NHS psychiatrist at the South London and Maudsley NHS Trust. Beacon Health Strategies was established in 1996 in the USA by Elizabeth Pattullo developing publicly funded mental health managed care programs – starting with Boston, Massachusetts. The company does not directly deliver mental health care, but attempts to act as an “integrator”, coordinating mental health services from different health and social care providers to ensure care effectively meets the needs of each person with mental

neg: Mental Health Act 1983 remains in the person’s best interests. A similar safeguard is used for electroconvulsive therapy (ECT), although the RC can authorise two ECT treatments in the event of an emergency for people detained under Section 3 treatment orders. ECT may not be given to a refusing patient who has the capacity to refuse it, and may only be given to an incapacitated patient where it does not conflict with any advance directive, decision of a donor or deputy, or decision of the Court of Protection. Absence or “leave” from hospital can be granted by the RC for a patient detained under

neg: National Mental Health Act National Mental Health Act The National Mental Health Act (1946) became law on July 3, 1946. It established and provided funds for a National Institute of Mental Health (NIMH). The act made the mental health of the people a federal priority. It was inspired by alarm at the poor mental health of some draftees and veterans, and was demanded by veterans and their families. When veterans who were under stress during the war were later studied they displayed a high incidence of earlier mental health illness, completely aside from the problems that might have arisen from combat and wartime situations

neg: Mental health trust Capacity Act 2005 cover the rights, assessment and treatment of people diagnosed with a mental disorder who are judged as requiring to be detained ("sectioned") or treated against their will. A Mental Health Trust will typically have a Mental Health Act team responsible for ensuring that the Act is administered correctly, including to protect the rights of inpatients, or of service users in the community who may now be under Community treatment orders. The Care Quality Commission is the body with overall national responsibility for inspecting and regulating the operation of the mental health act by the regional trusts. According

neg: Mental Health (Discrimination) Act 2013 Act. Section 2 ("Jurors") qualifies the restrictions of jury members who are receiving mental health treatment. Section 3 ("Company directors") modifies Regulations in relation to the employment of director's appointments. The final section gives the Secretary of State power to determine when the section relating to juries take effect; the other provisions came into force with Royal Assent. The then Leader of the Opposition, Ed Miliband, said the Bill would bring public understanding of mental health "into the 21st century". Mental Health (Discrimination) Act 2013 The Mental Health (Discrimination) Act 2013 (introduced into Parliament as the Mental Health (Discrimination) (No.

neg: Consolidated Omnibus Budget Reconciliation Act of 1985 up to 36 months. In the case of death of the former employee, the widow's coverage may continue for up to 36 months. COBRA does not apply, on the other hand, if employees lose their benefits coverage because the employer has terminated the plan altogether or if the employer has gone out of business. In cases where COBRA does not apply, some states have stepped in with state health insurance continuation laws, usually called "mini-COBRA" laws, which help employees continue their health insurance when federal COBRA does not apply. COBRA does not, unlike other federal statutes such as the Family

neg: History of electroconvulsive therapy in the United Kingdom Secretary of State might wish to move it there. The Mental Health Act 1983 covers England and Wales. The Mental Health (Scotland) Act 1984 and the Mental Health (Northern Ireland) Order 1986 made similar provisions for the use of ECT on non-consenting patients in Scotland and Northern Ireland. The use of ECT in the UK has continued to fall, from about 23,000 courses in 1986 to about 11,000 in 2002. There is still marked variation in use, both in prescribing and in standards of administration. The Royal College of Psychiatrists produced three more sets of guidelines, and carried out two

neg: Mental Health Act 1983 the composition of the Commission in several ways, such as including barristers in addition to doctors. The Lunacy Act 1845 and the County Asylums Act 1845 together gave mental hospitals or "asylums" the authority to detain "lunatics, idiots and persons of unsound mind". Each county was compelled to provide an asylum for "pauper lunatics", who were removed from workhouses into the aforementioned asylums. The "Lunatic Commission" was established to monitor asylums, their admissions, treatments and discharges. Both these acts were repealed by the Lunacy Act 1890. This introduced "reception orders", authorising detention in asylums. These orders had to be made

neg: Christine Dean in some of the works produced by the patients being displayed in Manchester City Art Gallery. Another innovative project by Dean, whilst she was in Manchester, was the establishment of a peripatetic day service with professionals visiting different community health centres and providing therapeutic activities and groups near to the clients' homes. Dean conducted research in Manchester with Lynne Webster and Professor Neil Kessell evaluating the recently introduced Mental Health Act 1983 to examine whether the new act was more protective of patients' civil liberties than the previous Mental Health Act 1959. Dean moved to Birmingham in 1987 to take

neg: Causation in English law grounds. First, the damages were too remote to be recoverable and, if such actions were to be allowed, it would leave insurers open to indefinite liability for an indefinite duration. Secondly, as a matter of policy, defendants should not have a right to be indemnified against the consequences of their crimes. In "Clunis v Camden and Islington Health Authority" (1998) QB 978 the claimant had been discharged from hospital where he had been detained under s3 Mental Health Act 1983. He was to receive aftercare services in the community under s117 Act 1983, but his mental condition deteriorated and, two

neg: Mental Health Act 1983 Court or Magistrates' Court on the recommendation of two approved doctors. However, the court is able to exercise discretion in this regard and can impose a prison sentence despite medical recommendations for Section 37. A person detained under Section 37 can appeal to the Mental Health Review Tribunal after a period of six months; if he or she is no longer suffering from symptoms of mental disorder, the person can be discharged by the Tribunal, even if there is a strong possibility that the person might relapse and re-offend. Furthermore, a person on Section 37 alone, who may have been

neg: Mental Health Act 1983 the community. These orders are applied to the person at the time of his/her discharge from Section 3, and replace “supervised discharge” arrangements under Section 20A which were used until the 2007 amendments came into force. There have been concerns amongst mental health professionals that the 2007 amendments have been based more upon tabloid stories on the danger presented by mentally disordered people, especially people with personality disorder such as Michael Stone, than on the practical shortcomings of the unamended Act. Critics asserted that it would mean mental health professionals being "suborned as agents of social control". Supporters of more

neg: Mental Health Act 1983 be suffering from a mental disorder. These assessments can be performed by various professional groups, depending upon the particular section of the Act being considered. These professional groups include AMHPs, Section 12 approved doctors, other doctors, registered mental health nurses (RMNs) and police officers. Section 2 is an assessment order and lasts up to 28 days; it cannot be renewed. It can be instituted following an assessment under the Act by two doctors and an AMHP. At least one of these doctors must be a Section 12 approved doctor. The other must either have had previous acquaintance with the person

neg: Mental Health Tribunal for Scotland Mental Health Tribunal for Scotland The Mental Health Tribunal for Scotland is a tribunal of the Scottish Government to hear applications for, and appeals against, Compulsory Treatment Order, and appeals against Short Term Detention Certificates made under the Mental Health (Care and Treatment) (Scotland) Act 2003, and other matters in relation to that Act, for example, appeals against Compulsion and Restriction Orders. The Mental Health Tribunal for Scotland was established on 5 October 2005, under the Mental Health (Care and Treatment) (Scotland) Act 2003. Its headquarters are located in Hamilton, although it has staff who work throughout Scotland. The Mental

neg: Mental Health Act 1983 amended by the Mental Health Act 2007. The Madhouses Act 1774 created a Commission of the Royal College of Physicians with powers to grant licences to premises housing "lunatics" in London; Justices of the Peace were given these powers elsewhere in England and Wales. Failure to gain a licence resulted in a hefty fine. Admission to a "madhouse" required certification signed by a doctor, and lists of detained residents became available for public inspection. This Act was later considered ineffectual and was repealed by the Madhouses Act 1828, itself repealed shortly afterwards by the Madhouses Act 1832. These Acts altered

neg: 187 (slang) "the unlawful killing of a human being, or a fetus, with malice aforethought." Subdivision (b) states that subdivision (a) does not apply to any person who commits an act that results in the death of a fetus if any of the following apply: (1) The act complied with certain Health and Safety Code sections (the California Therapeutic Abortion Act) or (2) The act was committed by a holder of a physician's and surgeon's certificate, in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where her death from

neg: Rights of mental health patients in New Zealand Rights of mental health patients in New Zealand The rights of mental health patients in New Zealand are covered in law by both the New Zealand Bill of Rights Act 1990 and The Code of Health and Disability Service Consumers' Rights. Section 11 of the Bill of Rights Act states that "everyone has the right to refuse to undergo any medical treatment". However the Mental Health (Compulsory Treatment and Assessment) Act 1992 allows for the compulsory treatment of patients with major mental illness who do not consent. This legislation also allows for the detention and treatment of individuals who have

neg: Mental Health Act 1983 restrictive legislation insisted that dangerous people must be detained in hospital by doctors in their own interests and for public protection, regardless of whether they can be treated. This Act did not repeal any other Acts in totality. Schedule 6 lists 28 other Acts which had individual sections repealed. These include the Mental Health Act 1959, the majority of which was repealed by this Act. England and Wales: The entire Act applies to England and Wales. Northern Ireland: Only the parts of the Act defined in s.147 have effect in Northern Ireland. The care of mentally disordered people in Northern

neg: History of electroconvulsive therapy in the United Kingdom ECT without anaesthetic had been used to control a patient's behaviour in Broadmoor Hospital; such use was defended by the Royal College of Psychiatrists and the Department of Health. The Mental Health Act 1959 had given psychiatrists implied authority to treat detained patients without consent. The Mental Health Act 1983 gave psychiatrists explicit authority to treat detained patients without consent. Psychosurgery and the surgical implantation of hormones to reduce male sexual drive were classified as irreversible treatments that could only be carried out on consenting patients (section 57 of part IV of the Act); ECT was classified as a slightly

neg: Critical Psychiatry Network Critical Psychiatry Network The Critical Psychiatry Network (CPN) is a psychiatric organization based in the United Kingdom. It was created by a group of British psychiatrists who met in Bradford, England in January 1999 in response to proposals by the British government to amend the 1983 Mental Health Act (MHA). They expressed concern about the implications of the proposed changes for human rights and the civil liberties of people with mental health illness. Most people associated with the group are practicing consultant psychiatrists in the United Kingdom's National Health Service (NHS), among them Dr Joanna Moncrieff. A number of non-consultant

neg: Hypersexuality Mental Disorders (DSM) system has failed to get support of the American Psychiatric Association (APA). The DSM does include an entry called Sexual Disorder Not Otherwise Specified (Sexual Disorder NOS) to apply to, among other conditions, "distress about a pattern of repeated sexual relationships involving a succession of lovers who are experienced by the individual only as things to be used". The International Statistical Classification of Diseases and Related Health Problems (ICD-10) of the World Health Organization (WHO), includes two relevant entries. One is "Excessive Sexual Drive" (coded F52.7), which is divided into satyriasis for males and nymphomania for females.

neg: Sentencing in England and Wales that the offender should stay in hospital for the treatment. However, there are some instance where the protection of the public is a key element in issuing a sentence. Under s 41 of the Mental Health Act 1983 offenders who have severe mental health problems, who are considered a danger to the public, can be sent to a secure hospital such as Broadmoor Hospital. These issues can only be done through the Crown Court. The order can be if necessary for an indefinite period of time. If the offender has been issued with an indefinite sentence they can only be

neg: Community Mental Health Act Community Mental Health Act The Community Mental Health Act of 1963 (CMHA) (also known as the Community Mental Health Centers Construction Act, Mental Retardation Facilities and Construction Act, Public Law 88-164, or the Mental Retardation and Community Mental Health Centers Construction Act of 1963) was an act to provide federal funding for community mental health centers and research facilities in the United States. This legislation was passed as part of John F. Kennedy's New Frontier. It led to considerable deinstitutionalization. In 1955, Congress passed the Mental Health Study Act, leading to the establishment of the Joint Commission on Mental Illness

neg: Mental Health Act 1983 because treatment is likely to be prolonged and is rarely an emergency. Treatment is allowed because anorexia nervosa is classed as a mental disorder, whilst re-feeding is seen to constitute the first stage in treatment for severe cases of that mental disorder. Lastly, treatment of an attempted suicide, which has been made as a direct result of a mental disorder, can be given under the Act. Again, in practice, this is unusual, as the emergency nature of the situation and the brief timeframe of treatment required usually dictate that treatment is given under the Mental Capacity Act instead. The main

neg: Community Mental Health Act or expertise to deal with them. In many cases, patients wound up in adult homes or with their families, or homeless in large cities, but without the mental health care they needed. Community Mental Health Act The Community Mental Health Act of 1963 (CMHA) (also known as the Community Mental Health Centers Construction Act, Mental Retardation Facilities and Construction Act, Public Law 88-164, or the Mental Retardation and Community Mental Health Centers Construction Act of 1963) was an act to provide federal funding for community mental health centers and research facilities in the United States. This legislation was passed as

neg: House of Commons of the United Kingdom in the Commons if he or she is the subject of a Bankruptcy Restrictions Order (applicable in England and Wales only), or if he or she is adjudged bankrupt (in Northern Ireland), or if his or her estate is sequestered (in Scotland). Previously, MPs detained under the Mental Health Act 1983 for six months or more would have their seat vacated if two specialists reported to the Speaker that the member was suffering from a mental disorder. However, this disqualification was removed by the Mental Health (Discrimination) Act 2013. There also exists a common law precedent from the 18th century

neg: Ontario Mental Health Act 1). This form allows the person to be held at a psychiatric facility for assessment, but does not itself permit any treatment without the persons consent. Consent to treatment is not covered under the "Mental Health Act" but rather the "Health Care Consent Act". The physician must also fill out a Form 42 to notify the person and inform them of why they're being held. At the end of the 72 hours permitted by a Form 1, the person must either be released, be admitted as a voluntary patient, or continue to be held as an involuntary patient with a

neg: Mental Health Act 2001 Mental Health Act 2001 The Mental Health Act 2001 is an Act of the Irish Parliament, the Oireachtas, which sets out the legal procedures for admissions and treatment in approved centres. It aims to protect the rights of everyone using the mental health services. It aims to ensure the patient's best interest is the most important aspect of mental health. The Act says that the patient has the right to receive good quality mental health care, and mental health services should be properly run and regulated. Under the act, mental health workers are obliged to ensure the patient is treated

neg: Mental Health Parity Act lifetime benefits. It is important to note however, that MHPAEA does not explicitly require that any insurance plan offer benefits for mental health and substance abuse disorders. Instead, it enacts parity rules for plans that choose to offer both medical and surgical benefits as well as mental health and substance abuse disorder benefits. This includes out-of-network benefits. If plans choose to offer both types of benefits, MHPAEA mandates that insurers define and make available specific criteria for medical necessity when it comes to mental health and substance abuse disorder benefits. In addition, MHPAEA also requires that insurers provide specific information

neg: Campaign for John Hunt the Central Mental Hospital, Dundrum, the main forensic psychiatric facility in Ireland. The Irish Health Service Executive has responded that it is the goal of the mental health services to “work in a collaborative way with patients and their families to ensure the best outcome possible for people who need mental health services”. They also stated that, “All patients detained under the Mental Health Act have access to independent legal advice. Their detention under the mental health act is reviewed at regular intervals by an independent mental health review tribunal. This tribunal has the power to end the patient’s detention".

neg: Murder of Lesley Molseed Kiszko refused to take part and repeatedly and persistently refused to "address his offending behaviour" on the grounds that he had done nothing that needed addressing. He was left in Grendon Underwood in May 1989, when he was moved back to Wakefield Prison. In July 1990 he said he was striking out a ghost who was trying to sexually abuse him. Finally, on 15 March 1991, Kiszko was transferred to Ashworth Hospital, under Section 47 of the Mental Health Act 1983, after six months of delay, on the grounds of his deteriorating mental health. Kiszko's mother continued to profess her

neg: Mental health tribunal under the Criminal Code, which adjudicates mentally disordered offenders found unfit to stand trial or not criminally responsible by reason of mental disorder. South Africa has Mental Health Review Boards in each province, as mandated by the country's Mental Health Care Act 2002. Although the Act has been noted for improving aspects of the mental health system, the review boards "contend with limited resources, administrative challenges and limited political support." Japan has regional Psychiatric Review Boards, but their independence is questioned. The members are appointed by the governor of each region, who is the same person who orders involuntary detentions.