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Section 17 and other leave

Section 17 leave is a provision under the Mental Health Act 1983 (MHA) in England and Wales that permits patients detained in hospitals under certain sections of the Act to be granted leave of absence. Not all leave of absence is provided for by S17. Throughout this article S17 means S17(1) to S17(5) with particular emphasis on S17(3). Other parts of S17 are not explored. To many S17 appears ‘simple’: the Responsible Clinician signs a ‘form’, and that’s the leave. S17 ...

Negligence in UK Law – Part 1

Negligence, a cornerstone of tort law in civil law, holds significant implications for medical practitioners, and healthcare organisations, particularly in the UK’s complex healthcare landscape. The title of this article does not include the words “medical negligence” because in reality the foundation of negligence is not specific to ‘medical’, ‘dental’, ‘nursing’, ‘social work’, or other negligence. This review aims to provide a comprehensive overview of negligence as a legal concept, tailored specifically for medical doctors, with an emphasis on its ...

Beyond Cheshire West: A Triangular Framework for Decision Making

The intersection of mental health law and clinical practice creates complex decision-making challenges for practitioners. A conceptual framework, which we call the Decision-making Triangle, offers clarity in navigating these challenges. This triangle comprises three interconnected elements: the acid test for deprivation of liberty, the definition of treatment under Section 145 of the Mental Health Act, and liability for detention under Mental Health Act [England & Wales] 1983 (amended 2007). The working knowledge for this article should arise from: Cheshire West: ...

Cheshire West: What’s to be learned?

The Cheshire West case serves as a seminal authority on the interpretation of deprivation of liberty within the framework of the Mental Capacity Act and the European Convention on Human Rights. It has established a robust legal precedent, emphasising the universality of the right to liberty and the necessity of rigorous procedural safeguards to protect the most vulnerable members of society. Be aware that this article is a tight summary – and may not extract all the key issues in ...

Section 136: A Framework in Crisis

From 2017 changes to the MHA 1983 reduced the period of detention under 136 from 72 hours to 24 hours, with a provision to extend to 36 hours. Mental Health Services had struggled to deliver when the timeframe was 72 hours. Now they struggle even more, leading to unquantified instances nationally where Trusts have had to resort to common law – a move that is ‘Back to the Past‘. This article provides an in-depth analysis of Section 136 of the ...

Partnering with AI in Medicine: Innovations in Diagnostics, Education, and Patient Care

Artificial intelligence (AI) is poised to revolutionise healthcare, offering exciting opportunities to enhance the way doctors work. Tools like DeepSeek, Claude.ai (Amazon), Gemini (Google), Copilot (Microsoft) and Tulu3 are not here to replace medical professionals but to support them. By automating repetitive tasks, simplifying complex information, and uncovering patterns in data, AI can free up valuable time for doctors to focus on what matters most—their patients. While AI is still in its early stages in healthcare, its potential to transform ...

A Tale of Two Capacities or is it One?

The differences between the conceptualisation of capacity under the Mental Health Act 1983 (MHA) and the Mental Capacity Act 2005 (MCA) in the UK are significant, particularly in their approaches to determining capacity for consent to treatment. The Mental Health Act 1983 (MHA) and the Mental Capacity Act 2005 (MCA) both address issues of capacity and consent, but they do so in different contexts and with different legal standards. There is no explicit presumption of capacity under the MHA 1983. ...

Diagnostics and diagnosis

What is diagnostics? Diagnostics is about the methodology of coming to a diagnosis – the “how” of reaching a diagnosis. To arrive at a diagnosis it is essential to properly address the diagnostic process – which is what this article refers to as diagnostics. This article will focus on diagnosis in relation to diagnostics. Diagnostics is an inseparable part of ‘diagnosis’. By way of analogy, a good meal usually involves the methodology of preparation, and in many but not all ...

Section 62(1): the hard boundary between law and ethics

In a previous post I unpacked some of the key issues in Section 62(1). Appropriate study of this article will necessitate digestion of Fathoming Section 62 of the MHA 1983 – Investigative Psychiatry (April 2024). Understanding of this article depends on having a foundational understanding of Statute Law, what it means and the power of it. For the avoidance of doubt or arbitrary inference, I do not relish patients suffering or promote the suffering of patients in any related matter. ...

The 2024 Southport stabbings: A Case of Risk Lacunae and Protective Nets

The 2024 Southport stabbings refers to a heinous attack carried out Axel Rudakubana. He committed three murders and ten attempted murders. This article is constructed largely from information in the public domain and is being updated at intervals, as new information comes to light. Note again our ‘Fat Disclaimer‘. Rudakubana was 17 years old at the time he committed the offences. Axel Rudakubana was convicted of multiple charges related to the 2024 Southport stabbings. He pleaded guilty to: He was ...