Consequences of Detention under Part II of the Mental Health Act 1983
| Author | Michael Butler |
| Pages | 71-79 |
Part Three
Detention and Treatment under the Mental Health Act 1983
Chapter 8
Consequences of Detention under Part II of the Mental Health Act 1983
8.1 INTRODUCTION
According to section 6(1) of the MHA 1983, a properly completed application will provide sufficient authority for the applicant, or any person authorised by him, to take and convey the patient to the hospital named in the application. Provided the patient is taken and conveyed to the hospital within the authorised timescale (14 days in cases under section 2 and section 3, and 24 hours in cases under section 4 (section 6(1)(a))), the application will then provide sufficient authority for the managers of that hospital to detain the patient in accordance with the provisions of the Act (section 6(2)). How long the patient then remains detained in hospital depends on the provisions of the section under which he is held, and the rules governing the duration of detention under section 2 and section 3 are reviewed in this chapter. Also considered are certain features of detention which are common to both section 2 and section 3.
8.2 RESPONSIBLE CLINICIAN
Once a patient is detained, generally speaking, decisions regarding his treatment will fall to the RC, who is ‘the approved clinician with overall responsibility for the patient’s case’ (section 34 of the MHA 1983). While the range of clinicians who may perform this function is broad, overwhelmingly it will still tend to be psychiatrists. Hospitals should have local protocols in place to allocate RCs to patients, and the ‘selection of the appropriate RC should be based on the individual needs of the patient concerned’ (1983 Code, para 14.5).
74 A Practitioner’s Guide to Mental Health Law
8.3 RIGHTS WHILE DETAINED AND ASPECTS OF TREATMENT
8.3.1 Code of Practice of the Mental Health Act 1983 – statement of guiding principles
All those making decisions regarding patients detained under the MHA 1983 should be mindful of the 1983 Code’s guiding principles (1983 Code, Chapter 1). These apply to all decision-making under the Act, but are of particular relevance to detained patients:
Purpose principle
1.2 Decisions under the Act must be taken with a view to minimising the undesirable effects of mental disorder, by maximising the safety and wellbeing (mental and physical) of patients, promoting their recovery and protecting other people from harm.
Least restriction principle
1.3 People taking action without a patient’s consent must attempt to keep to a minimum the restrictions they impose on the patient’s liberty, having regard to the purpose for which the restrictions are imposed.
Respect principle
1.4 People taking decisions under the Act must recognise and respect the diverse needs, values and circumstances of each patient, including their race, religion, culture, gender, age, sexual orientation and any disability. They must consider the patient’s views, wishes and feelings (whether expressed at the time or in advance), so far as they are reasonably ascertainable, and follow those wishes wherever practicable and consistent with the purpose of the decision. There must be no unlawful discrimination.
Participation principle
1.5 Patients must be given the opportunity to be involved, as far as is practicable in the circumstances, in...
To continue reading
Request your trial