Articles for category: Law

The Digital Blind Spot and an Unmanageable Risk

The discourse surrounding internet access in secure hospitals is often framed as a simple balance between rehabilitative opportunity and potential risk. The benefits are self-evident and align with the core principles of recovery. They include maintaining family ties, managing personal affairs, and preparing for a digital society. This article, however, argues that this framing is now dangerously obsolete. The critical issue is no longer whether patients should have access to the internet. Instead, it is the stark reality that we ...

Upward bullying: under-recognised in health services

When people speak of ‘bullying’ at the workplace unknowingly they are referring to one type of bullying, called “downward bullying.” This is where a person in a position of authority abuses their power usually to suborodinate workers or those are a similar level. A growing body of evidence suggests that bullying can also flow in the opposite direction. This phenomenon, known as “upward bullying,” occurs when subordinates engage in repeated aggressive or disrespectful behaviours towards their superiors, undermining their authority ...

A Creature of Statute: The Legal Paradox of the Responsible Clinician

The role of the Responsible Clinician (RC) is unlike any other in medicine. It is a unique statutory *office, created by Parliament, with duties and powers that flow directly from the Mental Health Act 1983. [*office does not mean a room with desk and chair etc.] This reality places the RC in a legal position, separate from the normal contractual relationship with an employer. This article explores the independent nature of the RC role, the limits of managerial direction, and ...

Dissecting Section 62(1) Mental Health Act 1983: Treatment Authority and Non-delegation

This article aims to dissect and clarify intricate aspects of the Mental Health Act 1983 (MHA), particularly regarding treatment authorisation under Section 58 and emergency powers under S62(1). This is vital for all healthcare professionals involved in the care of patients under the Act. See background in Section 62(1): the hard boundary between law and ethics – Investigative Psychiatry, Feb 2025. The core issues that emerge are non-delegation of Statutory duties to persons who are not the Approved Clinician or ...

Misleading a Tribunal: Legal, Ethical and Clinical Lessons from JB v Elysium Healthcare

The decision in JB v Elysium Healthcare & Secretary of State for Justice [2025] UKUT 9 (AAC) highlights the serious consequences that can follow when inaccurate and misleading evidence is presented in Mental Health Tribunal proceedings. The case raises important considerations for psychiatrists, legal representatives, and Tribunal members alike—particularly regarding the interpretation of “appropriate treatment” and the threshold for determining that such treatment is available. JB detained under the MHA 1983, challenged the First-tier Tribunal’s (FTT) decision to uphold his ...

CALL FOR ACTION: To prevent Foetal Alcohol Spectrum Disorder before it begins

Foetal Alcohol Syndrome (FAS) represents one of the conditions within the umbrella of Foetal Alcohol Spectrum Disorder (FASD), a range of neurodevelopmental impairments attributable to prenatal alcohol exposure. Note the Disclaimer and T&Cs again. This article provides an examination of the key facts regarding FAS and FASD, with an emphasis on definitions, causative mechanisms, clinical manifestations, diagnosis, and prevention strategies. It supports a call for action, to change the law! See draft letter to MP below. By the time Foetal ...

Drug Holidays: Clinical Rationale, Risks, and Medico-Legal Considerations

This article addresses the concept of planned temporary, prolonged or permanent discontinuation of psychiatric medication. This is colloquially termed ‘drug holidays’, within the specific context of United Kingdom psychiatric practice. The primary focus is directed towards the significant medico-legal considerations inherent in such decisions, acknowledging the particular sensitivities and heightened risk environment encountered within psychiatry . The aim is to provide a comprehensive analysis for consultant psychiatrists navigating these complex clinical and legal intersections. The planned discontinuation of psychiatric medication ...

The Universal Nature of Patterns: Relevance to Cultures and Change Management

Recently – as I’m located well north in the UK – I’ve been observing patterns in cultures that vary from ‘the South’. A few days ago, some ‘folk’ asked me about what’s different. People broke out in laughter when I said, “Well, the prominent thing I noticed is that toilets flush more violently up here.” No joke – it’s true. In this very northern part of the UK they don’t fool around with shit in the toilet. One flush and ...

UK Supreme court rules that a woman is a woman

The recent UK Supreme Court judgment in For Women Scotland Ltd v The Scottish Ministers ([2025] UKSC 16) has clarified a long-standing ambiguity in equality law: what does the term “woman” mean in the Equality Act 2010? The court ruled that “woman” refers to biological sex, not gender identity or legal sex as defined by a Gender Recognition Certificate (GRC). This landmark decision marks a significant shift from previous interpretations, which often conflated biological sex with gender identity, leading to ...

Case Study: Sessay v South London & Maudsley NHS Foundation Trust (2011)

In August 2010, police officers entered the home of Ms Sawida Sessay, prompted by a neighbour’s concern about her welfare and ability to care for her young child. Without obtaining a warrant or consulting mental health professionals, the officers formed a judgment that Ms Sessay appeared mentally disordered and took her, along with her child, initially to Peckham police station. After her child was placed into police protection, the officers transported Ms Sessay to the Maudsley Hospital, specifically into the ...