Articles for category: Rights

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, …

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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 …

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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 …

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Mental Health Tribunals

This article provides a detailed explanation of Mental Health Tribunals (MHTs) within the context of the Mental Health Act (MHA) 1983 in England and Wales. The MHA 1983 (Amended 2007) provides the legal framework for the compulsory admission to hospital for treatment or assessment of individuals experiencing mental disorders that may pose a risk to …

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We Need to do Something about Smoking and Mental Health

This article is brazenly one-sided because it is about an addictive killing substance sold legally. The author is unapologetically anti-smoking because tobacco is the only killing substance sold legally for consumer use. Smoking (of tobacco) is normally seen as a physical health problem. This article will show it is a serious mental health problem as …

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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 …

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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 …

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Understanding Your Rights: What Doctors Need to Know About the NHS Complaints Processes

Complaints – the very word can strike a chord in many of us, especially doctors working within the NHS, a system deeply rooted in service to the public. We understand that patients or their loved ones expressing dissatisfaction are ultimately highlighting opportunities for improvement. It is crucial that these concerns are met with a robust …

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Hybristophilia: Understanding Attraction to Prisoners – Beyond the Sexual Realm

Hybristophilia is a phenomenon, where individuals, often women, develop strong affectionate or romantic feelings towards individuals incarcerated for serious crimes. It is a complex and multifaceted psychological condition that has garnered interest within both psychiatric and criminological domains. The concept of hybristophilia, initially defined by Dr John Money in 1986, began as a term encapsulating …

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Asylums

“Asylums: Essays on the Social Situation of Mental Patients and Other Inmates,” written by sociologist Erving Goffman and published in 1961, is a seminal work in the field of sociology and particularly in the study of social institutions and mental health care. The book offers a profound analysis of life in “total institutions,” particularly focusing …

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