Articles for tag: assessment, capacity, consent, delegation, law, medication, nurses, PRN, psychiatry, regulation, S62, Section 62, treatment

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 ...

Understanding Health Experiences: Beyond Symptom Description to Meaningful Explanation

When engaging with health professionals, it is common to encounter clinical terms used to describe presented experiences. These terms are valuable for accurate communication amongst clinicians and for documenting a presentation. However, it is important to recognise that a clinical description of a symptom or sign, whilst precise, does not inherently provide a full explanation of why that experience is occurring, nor does it equate to a definitive diagnosis of a condition. Some patients leave consultations none the wiser about ...

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 ...

Critical Thinking in Psychiatry

Most trainees in psychiatry are told about the importance of critical thinking. However, they are not often educated about the concept’s key components or what exactly it means. Some have been led to think that critical thinking is about how to analyse research publications. CONCEPTUAL ANCHOR: Critical thinking involves systematic processes. It is a disciplined and self-directed activity that requires active engagement with information. When thinking critically, we skillfully conceptualise, apply, analyse, synthesise, and evaluate information. This information comes from ...

Case Study: OO – v – Central and North West London NHS Foundation Trust and Secretary of State for Justice

I am fully aware that the UTT was seized of an issue stated as “This case is about the issue of “equality of arms” in terms of expert evidence at mental health tribunals, and in what circumstances fairness might necessitate adjourning to give a patient an effective opportunity to challenge the detaining authority’s case. ” That was a specific point of law. The case of OO is valuable from other perspectives: clinical and risk evaluation. The full judgement is at ...

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, and liability for detention under Mental Health Act [England & Wales] 1983 (amended 2007). The working knowledge for this article should arise from: Cheshire West: ...

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 the most vulnerable members of society. Be aware that this article is a tight summary – and may not extract all the key issues in ...

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 to resort to common law – a move that is ‘Back to the Past‘. This article provides an in-depth analysis of Section 136 of the ...

Partnering with AI in Medicine: Innovations in Diagnostics, Education, and Patient Care

Artificial intelligence (AI) is poised to revolutionise healthcare, offering exciting opportunities to enhance the way doctors work. Tools like DeepSeek, Claude.ai (Amazon), Gemini (Google), Copilot (Microsoft) and Tulu3 are not here to replace medical professionals but to support them. By automating repetitive tasks, simplifying complex information, and uncovering patterns in data, AI can free up valuable time for doctors to focus on what matters most—their patients. While AI is still in its early stages in healthcare, its potential to transform ...

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 and consent, but they do so in different contexts and with different legal standards. There is no explicit presumption of capacity under the MHA 1983. ...