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Intersection of Mental Health Act and Capacity Legislation

The case of Tees Esk and Wear Valleys NHS Trust v KAG [2024] EWCOP 38 (T3) and others offers a compelling illustration of the complexities that can arise at the intersection of mental health law and capacity law in the context of medical treatment decisions. This case involved the proposed insertion of a percutaneous endoscopic gastrostomy (PEG) for a patient, KAG, suffering from severe depression and refusing to eat. The NHS Trusts, seeking to provide this treatment, aimed to detain ...

Higher level documentation practices in forensic psychiatry

Previously covered were the generalities of ‘documentation‘ and the extraction of four key principles: clarity, context, clinical reasoning, and patient engagement. This article aims to get into the actual nuts and bolts of documentation. Good documentation is not for the sake of ‘showing good documentation’. Good documentation is inseparable from providing high quality care. NHS England states, “The main purpose of a patient record, whether handwritten or digital, is to support direct patient care. Other uses, e.g. for research and for ...

Article 2 in Psychiatry – Savage and beyond

The Right to Life, enshrined in Article 2 of the European Convention on Human Rights (ECHR), holds profound implications for the care and treatment of individuals within mental health services. Article 2 declares that “Everyone’s right to life shall be protected by law.” This publication explores the evolution of legal understanding concerning the positive obligations imposed on Nation States to safeguard the lives of those entrusted to their care. Savage v South Essex Partnership NHS Foundation Trust [2007] UKHL 37 ...

Schizophrenia and TRS

Schizophrenia is a widely understood and misunderstood mental health condition. Many mental health professionals believe they ‘know’ what schizophrenia is. Ideas ‘about delusions and hallucinations’ just scratch the surface, as will be seen when ICD-11 criteria are explored. Millions of pages of journals and books have been written on this topic over the last 30 years. This article could not possibly condense all the important aspects of schizophrenia to everyone’s satisfaction. Between higher specialist training and into the first 5 ...

Decision-making in forensic psychiatry

Decision-making in forensic psychiatry is a multifaceted process that goes beyond mere discussion of facts. It involves a deliberate, analytical approach to weighing various factors and arriving at plans, outcomes or conclusions that are congruent with widely accepted standards of practice. Accurate documentation of this process is essential for professional, legal, and ethical reasons, and merits careful consideration in both practice and academic discourse. See also the particular nature of forensic psychiatry. Discussion v Decision-making Discussion and decision-making, while interrelated ...

The Barrett Inquiry

John Barrett, a 41-year-old man with a history of schizophrenia and violence, was conditionally discharged from a medium secure forensic psychiatric unit in October 2003 following his conviction for a knife attack in 2002. Despite concerns about his compliance with medication and his capacity to recognise signs of relapse, the clinical team supported his discharge, subject to conditions including regular contact with mental health professionals and compliance with medication. In October 2003 John Barrett was conditionally discharged by a mental ...

Punishment in Psychiatry

Nobody in their right mind would consider ‘punishment’ as a means of treating patients in psychiatry of today – or so you might think. Punishment was a part of treatment in the history of behavioural modification. To be 100% clear no contributor at this website thinks that punishment should be brought back into psychiatry or behavioural modification. Aromatic ammonia was used effectively to reduce self-injurious behaviour in two studies. In the first, hair-pulling was decreased with a 3-second ammonia contingency, ...

Forensic psychiatry and other areas of medical practice

Comparing forensic psychiatry with other areas of medical practice may seem a strange thing to do. This article is stimulated by reflection upon the author’s appraisals by the following appraisers: breast surgeon, haematologist, psychiatrists, anaesthetist. The appraisals have all been of good quality. The author of this post has been trained as appraiser as well. Non-psychiatrist appraisers at times seemed to struggle with understanding the nature of psychiatry and the overall chaos involved in psychiatric work. It became apparent that ...

What is forensic psychiatry?

Forensic psychiatry in the UK is a specialised branch of psychiatry – which is a medical discipline – that interfaces with the legal system. It focuses on the assessment and treatment of individuals with mental health disorders who have come into contact with the criminal justice system. To understand ‘what is forensic psychiatry’ one also has to understand ”what is psychiatry“. The latter will be a separate publication. ‘General Psychiatry‘ is touched on only briefly in this article. Forensic psychiatrists ...

Case law applicable in GMC proceedings

The General Medical Council (GMC) plays a pivotal role in upholding the standards of the medical profession in the United Kingdom. Its Fitness to Practise proceedings serve to ensure that medical practitioners adhere to the highest ethical and professional standards, thereby safeguarding patients and maintaining public confidence in the medical field. In these proceedings, case law serves as a cornerstone, providing a framework for interpreting and applying the relevant statute and regulations. The reliance on legal precedents ensures consistency and ...