This document summarizes the changing landscape of involuntary, intermediate, and voluntary categories under mental health law. It discusses legal cases that established definitions and protections. Key changes proposed in an expert report include adopting a rights-based approach, new detention criteria focusing on treatment benefit, and categories for those with/without capacity to consent to admission. Involuntary patients would be detained while intermediate patients lack capacity but do not meet detention criteria. The report recommends support for decision-making and oversight of re-grading or overriding treatment refusal.
Shari McDaid - The Mental Health Act 2001: Issues from a Coalition PerspectiveDarius Whelan
Dr Shari McDaid - The Mental Health Act 2001: Issues from a Coalition Perspective
Dr Shari McDaid is the Director of Mental Health Reform.
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association.
25 April 2015
http://www.imhla.ie
#mhlaw2015
Maria Morgan: The Mental Health Act 2001 from a Clinician's PerspectiveDarius Whelan
Dr Maria Morgan, Consultant Psychiatrist
The Mental Health Act 2001 from a Clinician's Perspective
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
Shari McDaid - The Mental Health Act 2001: Issues from a Coalition PerspectiveDarius Whelan
Dr Shari McDaid - The Mental Health Act 2001: Issues from a Coalition Perspective
Dr Shari McDaid is the Director of Mental Health Reform.
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association.
25 April 2015
http://www.imhla.ie
#mhlaw2015
Maria Morgan: The Mental Health Act 2001 from a Clinician's PerspectiveDarius Whelan
Dr Maria Morgan, Consultant Psychiatrist
The Mental Health Act 2001 from a Clinician's Perspective
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
In the presentation efforts have been made to guide the medical professionals how to deal with a MLC case in a step by step manner and certain issues relating to medical case records.
2014 Virginia Mental Health Law Changes, Jim Martinez at live session of May 20, 2014:
http://worldeventsforum.blogspot.com/p/l-ive-event-to-be-held-tuesday-may-20.html
Independent review of the Mental Health Act summary of interim reportBrowne Jacobson LLP
In this webinar Rebecca Fitzpatrick looked at the recently published interim report of the ongoing independent review of the Mental Health Act chaired by Sir Simon Wessely, former president of the Royal College of Psychiatrists (link to report here: https://www.gov.uk/government/publications/independent-review-of-the-mental-health-act-interim-report)
In May 2017, Theresa May stated that, if elected, her government would replace the "flawed" Mental Health Act “in its entirety” with a new Mental Health Treatment Bill including:
• revised thresholds for detentions
• new Code of Practice
• more safeguards for those with mental health problems who have capacity so that "they can never be treated against their will".
The review is due to report in Autumn 2018 and on 1 May 2018 published its interim report identifying priorities for the review’s work giving a flavour of its initial thoughts.
In the presentation efforts have been made to guide the medical professionals how to deal with a MLC case in a step by step manner and certain issues relating to medical case records.
2014 Virginia Mental Health Law Changes, Jim Martinez at live session of May 20, 2014:
http://worldeventsforum.blogspot.com/p/l-ive-event-to-be-held-tuesday-may-20.html
Independent review of the Mental Health Act summary of interim reportBrowne Jacobson LLP
In this webinar Rebecca Fitzpatrick looked at the recently published interim report of the ongoing independent review of the Mental Health Act chaired by Sir Simon Wessely, former president of the Royal College of Psychiatrists (link to report here: https://www.gov.uk/government/publications/independent-review-of-the-mental-health-act-interim-report)
In May 2017, Theresa May stated that, if elected, her government would replace the "flawed" Mental Health Act “in its entirety” with a new Mental Health Treatment Bill including:
• revised thresholds for detentions
• new Code of Practice
• more safeguards for those with mental health problems who have capacity so that "they can never be treated against their will".
The review is due to report in Autumn 2018 and on 1 May 2018 published its interim report identifying priorities for the review’s work giving a flavour of its initial thoughts.
This presentation is on Mental Health Act, Indian Lunacy Act and Rights of Patient. Mental Health Nursing one of core subject of B.Sc. Nursing Third Year.
BIBILIOGRAPHY
R SREEVANI “A Guide to Mental Health &
Psychiatric Nursing” 3rd Edition
Jaypee Medical Publisher Pp: 345 to 350
Shelia L Vedibeck “Psychiatric Mental Health
Nursing” 5th Edition Lippincott & Williams.
Mary C Townsend “Essential of Psychiatric health
nursing” 7th Edition F A Devis 2013.
ANTONY JAMES T (2000): “A decade with the
mental health act, Indian Journal
of Psychiatry, 42(4)
Kothari, Jaya “Moving towards autonomy &
equity an analysis of mental health care
bill 2013”
The DoLS have been heavily criticised since their introduction and were described as "not fit for purpose" in a critical 2014 report by a House of Lords select committee, which recommended that they should be replaced (House of Lords Select Committee on the MCA, Mental Capacity Act 2005: Post Legislative Scrutiny (2014) HL Paper 139).
A lecture on patients' rights delivered to the staff of King Fahad Medical City in Riyadh on Monday 18/9/2017. It given an overview on patients' rights then focus on three of them: shared decision-making, privacy, and confidentiality
Mental health act drafted in 1987 and came into india in 1993. It includes need, objectives, act etc. it includes 10 chapters and mental health care act 2017 included.
Similar to Mental Health Act 2001: Involuntary, Intermediate and Voluntary Categories: the Changing Landscape (20)
Mental Health Act 2001 Toolkit Launch 10 Nov 2022Darius Whelan
The School of Law, University College Cork, has developed a Mental Health Act Toolkit in partnership with Mental Health Reform.
When people with mental health difficulties are admitted to mental health units, either on a voluntary or involuntary basis, it is vital that user-friendly, accessible, information is available regarding human rights. Access to this information is essential for people with mental health difficulties, their family members, advocates, supporters and carers. The Mental Health Act 2001 Toolkit is published on Mental Health Reform’s website.
Video of launch: https://youtu.be/cXOfqiMz77A
Toolkit:
https://www.mentalhealthreform.ie/mental-health-act-2001-toolkit/
Funded by the Irish Research Council.
Hunger Strikes in Prison: The Legal Issues Oct 2020Darius Whelan
‘Hunger Strikes in Prison: The Legal Issues’, Conference Paper at conference, "Terence MacSwiney, Cork Men’s Gaol, and the Political Hunger Strike, 1920-2020", School of History, University College Cork, October 2020
Copyright for Digital Learning
Darius Whelan
Irish Universities Association - Enhancing Digital Teaching and Learning in Irish Universities - Online Seminar, June 2020
Link to resources cited:
https://bit.ly/copyright_open_IUADigEd_June2020
Employees and Internet Use - Legal PerspectiveDarius Whelan
E Law Developments: Employees and Internet Use
Southern Law Association event, Cork, September 2019
Darius Whelan, School of Law, UCC
IT Law Clinic
http://www.ucc.ie/law/courses/
E Law Developments: Copyright Law
Southern Law Association event, Cork, September 2019
Darius Whelan, School of Law, UCC
IT Law Clinic
https://www.ucc.ie/en/law/courses/
LLM in Intellectual Property and E Law, University College Cork, IrelandDarius Whelan
LLM in Intellectual Property and E Law, University College Cork
School of Law
https://www.ucc.ie/en/lawsite/ucc-master's-law/
https://www.ucc.ie/en/ckl16/
Human Rights and Mental Health TribunalsDarius Whelan
Irish Association of Social Workers
Learning from each other; Critical Reflections on the intersections between the Mental Health Act 2001 and Human Rights.
Dublin, February 2019
Dr Liz Brosnan: Voices from the Margin / Psychiatric Hegemony - Mental Health...Darius Whelan
Dr Liz Brosnan: Voices from the Margin / Psychiatric Hegemony.
Dr Liz Brosnan is a Sociologist and Survivor Activist.
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association.
25 April 2015
http://www.imhla.ie
#mhlaw2015
Anselm Eldergill: The Court of Protection and the Mental Capacity Act: Capaci...Darius Whelan
Judge Anselm Eldergill, Court of Protection
The Court of Protection and the Mental Capacity Act: Capacity to Change?
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
Michael Lynn: Capacity and Consent Issues [presented at Mental Health Law Con...Darius Whelan
Capacity and Consent Issues - Mr Michael Lynn, Senior Counsel
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
Developing Students' E-Literacy (Teaching and Learning)Darius Whelan
Presentation at University College Cork Digital Day, December 2014
http://www.ucc.ie/en/teachlearn/tel/digitalday2014/
Organised by Vice Presiodent for Teaching and Learning.
Ionad Bairre.
Prosecuting Cybercrime and Regulating the WebDarius Whelan
‘Prosecuting Cybercrime and Regulating the Web’, at seminar on the current State of Cybercrime and Cyberwar seminar, organised by the MA in Journalism with New Media class, in conjunction with CIT Development Office, Cork Institute of Technology, March 2014
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Mental Health Act 2001: Involuntary, Intermediate and Voluntary Categories: the Changing Landscape
1. Involuntary, Intermediate and
Voluntary Categories: the
Changing Landscape
Darius Whelan, School of Law
CCJHR and IMHLA Mental Health Law
Conference, April 2015
3. 3Uwe Kils CC BY SA wikimedia
Involuntary
“Voluntary”
4. 4
De Facto
Detention
• Voluntary Service User (Patient) who
– does not have capacity to consent to
admission, and/or
– wishes to leave centre but fears re-
grading as involuntary patient
5. 5
“Bournewood
Gap”
• R v Community and Mental Health
NHS Trust, ex parte L. (1998)
– House of Lords: De Facto
Detention justified by common
law doctrine of necessity
• H.L. v United Kingdom (2004)
– European Court of HR: Detention
of this kind breaches Article 5
• Led to Deprivation of Liberty
Safeguards (DoLS) in UK
• Cheshire West case (2014) – lower
threshold for deprivation of liberty
6. E.H. v St. Vincent’s (2009)
6
• Service user (patient) initially admitted on involuntary basis,
then remained in centre after involuntary detention ended
• 12 days of detention in issue (Dec. 10-22)
• Supreme Court – Person was “voluntary” within meaning of
s.2 of 2001 Act during that period
• Act merely requires that person be receiving care and
treatment in the approved centre
• Kearns J.: H.L. v UK not relevant as in that case the patient was
voluntary at the outset
7. Legal
challenges only
to be made if in
patient’s best
interests?
7
The fact that s.17 of the 2001 Act provides for the
assignment …of a legal representative for a patient
…should not give rise to an assumption that a legal
challenge to that patient’s detention is warranted
unless the best interests of the patient so demand
– Kearns J.
8. P.L. v Clinical Director of St Patrick’s
University Hospital – 2 judgments in 2012
• Mr. L. was involuntary, then voluntary
• Special Care Unit – locked ward
• Expressed a desire to leave on a number
of occasions,
• Tried to jump over garden wall on three
occasions.
• Forcibly restrained 30 times.
“Voluntary”
or not?
8
9. • First judgment :
– Peart J. - “Voluntary” service user (patient) need not
have consented to their admission.
– Even if service user indicates wish to leave, that
doesn’t mean that they must be re-graded under
ss.23/24.
– Consultant or other staff can talk to service user;
reassure them; encourage them to stay
– Clinicians must be permitted a wide margin of
appreciation in how they might consider best
interests of service user served
– Very deferential to medical opinion
9
10. • Second judgment:
– Mr L. sought to raise issues under European
Convention on Human Rights (ECHR)
– Peart J. – Mr L. had capacity to consent, and did
consent, to his voluntary status in the hospital
– Therefore he did not have standing to challenge Act
on basis of how it might apply to other persons who
did not have capacity
– This case was different from H.L. v UK and M. v
Ukraine
10
11. K.C. v Clinical Director of St Loman’s
(2013)
• Ms. C. was voluntarily in hospital; but
refusing treatment
• Hospital wished to organise
involuntary admission
• She had not indicated wish to leave
so ss.23/24 could not be used
• Instead, authorised officer made
application under s.9 and GP visited
hospital to make recommendation
• Detention held to be lawful
Use of s.9 - no
indication of
wish to leave
11
12. UN Convention on Rights of Persons
with Disabilities (2006) - CRPD
0Paradigm shift: away from medical model to
social model
0Emphasis on will and preferences of person
and assisted decision-making
0Equality for people with disabilities
0No deprivation of liberty based on disability
12 12
13. Report of the Expert Group on the Review of the Mental Health
Act 2001 (2015)
13
13
14. 0 Rights based approach should be adopted in new
legislation
0 Best interests to be replaced by Guiding Principles:
0 Enjoyment of highest attainable standard of mental
health
0Person’s own understanding of his/her mental health to be
given due respect
0 Autonomy and self determination
0 Dignity
0 Bodily integrity
0 Least restrictive care
14
15. 0 New criteria for detention –
0 Suffering from mental illness which makes it necessary
to receive treatment in an approved centre and
0 It is immediately necessary for protection of person’s
life, for protection from serious + imminent threat to
person’s health or for protection of other persons and
0 Reception, detention and treatment likely to materially
benefit the person’s condition
0 [Note reciprocity principle – person can only be
deprived of liberty if treatment would benefit them]
15
16. 0 Admission
0 Authorised Officer (AO) will make all applications
0Family/carer may request second AO
0 Admission must be certified by Consultant Psychiatrist
after examination of the patient and following
consultation with at least one other Mental Health
Professional (MHP) of a different discipline that is
and/or will be involved in the treatment of the person in
the approved centre.
0 If person may lack capacity, there must be a formal
capacity assessment within 24 hours
0MH Commission to publish guidelines on capacity
assessment
16
17. 0 If person requires support to make the decision re
voluntary admission, that support must be provided
0 If person does not have capacity, may be admitted
involuntarily (provided satisfy criteria)
0 “Voluntary” service user (patient) is person who has
capacity, with support if required, to decide regarding
admission and gives informed consent to admission
0 Intermediate service user (patient) – does not have
capacity to consent to admission but does not fulfil
criteria for detention – is not detained but will have
reviews by Review Board [new title for tribunal]
17
19. 0 Intermediate service user (patient) - Role of Review
Board will focus on capacity
0 In emergency, Consultant Psychiatrist can override
refusal of treatment by decision-making
representative (DMR) [where person’s actual behaviour is
injurious to self or others]
0 Subject to review by Review Board within 3 days
0 Re-grading from voluntary to involuntary
0 No need for person to indicate wish to leave
0 Authorised Officer will attend approved centre
19