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Current appeal system for those detained in England and Wales under the Mental Health Act needs reform.
- Source :
-
Journal of medical ethics [J Med Ethics] 2019 Mar; Vol. 45 (3), pp. 173-177. Date of Electronic Publication: 2018 Dec 04. - Publication Year :
- 2019
-
Abstract
- The approach to managing the involuntary detention of people suffering from psychiatric conditions can be divided into those with clinicians at the forefront of decision-making and those who rely heavily on the judiciary. The system in England and Wales takes a clinical approach where doctors have widespread powers to detain and treat patients involuntarily. A protection in this system is the right of the individual to challenge a decision to deprive them of their liberty or treat them against their will. This protection is provided by the First-tier Tribunal; however, the number of successful appeals is low. In this paper, the system of appeal in England and Wales is outlined. This is followed by a discussion of why so few patients successfully appeal their detention with the conclusion that the current system is flawed. A number of recommendations about how the system might be reformed are offered.<br />Competing Interests: Competing interests: CH is the General and Company Secretary of the IME and a member of the IME BMJ Management Committee for the Journal of Medical Ethics.<br /> (© Author(s) (or their employer(s)) 2019. No commercial re-use. See rights and permissions. Published by BMJ.)
- Subjects :
- Commitment of Mentally Ill economics
Costs and Cost Analysis
England
Humans
Mental Competency legislation & jurisprudence
Mental Disorders therapy
Wales
Commitment of Mentally Ill legislation & jurisprudence
Involuntary Commitment legislation & jurisprudence
Mental Health legislation & jurisprudence
Subjects
Details
- Language :
- English
- ISSN :
- 1473-4257
- Volume :
- 45
- Issue :
- 3
- Database :
- MEDLINE
- Journal :
- Journal of medical ethics
- Publication Type :
- Academic Journal
- Accession number :
- 30514756
- Full Text :
- https://doi.org/10.1136/medethics-2018-104947