Articles for category: Mental Health

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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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 …

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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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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 …

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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 …

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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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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 …

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The Misinformation Matrix: Vacuums, Silos, Chambers, and Tribes

Throughout human history, the tendency to form groups and identify with a tribe has been essential for survival and social cohesion. Tribalism, in its traditional sense, fostered cooperation, facilitated collective action, and provided a sense of belonging and security in a challenging world . This inherent human tendency is deeply rooted in our evolutionary past, …

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The Genetic Basis of ADHD and its Impact on Brain Structure and Function

Research into this was prompted by the utterances of one Gabor Maté – a former Canadian Physician of world fame. This article will spend some time initially debunking Gabor Maté’s statements on ADHD. Gabor Maté is welcomed to sue me, at any time of the day or night! I would relish days in court and …

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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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