Articles for category: Law

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 ...

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, ...

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 ...

Treatment under the Mental Health Act

There are many mental health workers who attitudinally consider ‘treatment’ and related concepts to gravitate around medication. They are wrong. This article will explore the concept of treatment the Mental Health Act 1983 (as amended 2007) for England & Wales. The law and its application are inescapable when treating or caring for people with mental disorders. In Treatment – what it means, there was an overview of treatment for the purposes of the MHA. This article drills deeper into the ...

Getting serious about burnout: resilience has its limits

In a BMA article by Serene Boyd 21 May 2024 “Be resilient? What do you think I’m doing?“, Boyd says, “‘Resilience’ has become a loaded word. It is a quality everyone wants and needs, but is it right to tell doctors to be more resilient when it is their workplaces that are at fault.” https://www.bma.org.uk/news-and-opinion/be-resilient-what-do-you-think-i-m-doing Summary of key points: This site has dealt with burnout before [Dealing with burnout 2023] but that does not mean that it is all been ...

The Importance of the Nearest Relative in Mental Health Law

In mental health care (in England & Wales), the legal concept of the ‘nearest relative‘ (NR) holds significant weight. This pivotal role, enshrined in the Mental Health Act 1983, serves as a vital safeguard for patients who find themselves navigating the complexities of mental health treatment. The term should not simply be equated with ‘next of kin’.The nearest relative is more than just a familial connection; they are designated advocates, an overseer, and, in many ways, a protector of the ...

TheEditor

The crossover between CPIA and Mental Health Act

This is a somewhat obscure part of the law in England & Wales that may cause some confusion. Experience this week (on 16/05/2024) shows how misunderstanding and errors can occur. This is where an individual is found to be ‘under disability’ in the Criminal Procedure (Insanity) Act 1964 and is disposed of by the court. While the publisher and author(s) have used their best efforts in preparing information at this website, they make no representation or warranties with respect to ...

Fathoming Section 62 of the MHA 1983

The Mental Health Act 1983 [hereafter MHA] provides many powers to detain patients for treatment in hospital. Many amendments were made in 2007. The legislation is complex – necessarily so – and aims to protect the welfare of patients who are detained and who are within its reach in the community. It is an intricate balance of the power and restraint by Parliament. The powers and restraint on use of power are delegated to organisations and to individuals with certain ...

Culpability, Care, and Compensation: The Legal Quandary of Lewis-Ranwell v G4S and Ors

In a case that challenges our understanding of mental illness and criminal responsibility, the Court of Appeal has ruled that Alexander Lewis-Ranwell, a man who killed three people while in the grip of severe psychosis, can proceed with his civil claim against the public bodies responsible for his care. This landmark decision in Alexander Lewis-Ranwell v G4S Health Services (UK) Ltd & Ors [2024] EWCA Civ 138 has far-reaching implications for how the legal system treats individuals with serious mental ...