Back to Search Start Over

In the liminal spaces of mental health law - what to do when section 136 expires?

Authors :
Hassanally, Khalil
Laing, Judy
Kishore, Anupam
Source :
BJPsych Bulletin. Dec2023, Vol. 47 Issue 6, p342-346. 5p.
Publication Year :
2023

Abstract

The pressure on mental health services has not gone unremarked and is of widespread concern in England and Wales. This can have implications when a bed is being sought for a patient who has undergone a Mental Health Act assessment and is deemed to meet the criteria for being formally admitted to hospital. Once the 24 h period for assessment under section 136 of the Act has lapsed, the ongoing detention of the patient can lead to a legal grey area. Through a fictional example this paper examines the relevant case law and statute that may be used to continue the detention and explores the ethical problems that this may cause. [ABSTRACT FROM AUTHOR]

Subjects

Subjects :
*MENTAL health
*JUDGE-made law

Details

Language :
English
ISSN :
20564694
Volume :
47
Issue :
6
Database :
Academic Search Index
Journal :
BJPsych Bulletin
Publication Type :
Academic Journal
Accession number :
174047262
Full Text :
https://doi.org/10.1192/bjb.2022.59