Articles for tag: detention, duties, expert, expert witness, GMC, law, liberty, MHA, professional witness, standards, tribunal

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 ...

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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 ...

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 ...

Treatment – what it means

The purpose of detention in a hospital under the Mental Health Act 1983, is for treatment. That should not be surprising because that is what hospitals are for. But it is not that simple. Why? What’s being treated? What are the objectives? Mental disorder I start off from ‘mental disorder’ because absent the existence of a mental disorder, there is no point considering treatment. [For the avoidance of arbitrary inferences, the converse of any statement made in this post is ...