Articles for tag: forensic, GMC, law, MCA, MHA, psychiatry, regulation, standards

Is Forensic Psychiatry More a Legal Than a Medical Discipline?

This paper examines the contemporary nature of forensic psychiatry in the United Kingdom, arguing that the discipline has undergone a fundamental transformation over the past fifteen years. Through an analysis of daily practice, statutory frameworks, and professional competencies, this paper proposes that forensic psychiatry has evolved into a predominantly legal-administrative discipline wherein medical knowledge serves an instrumental rather than primary function. Introduction Since its poorly defined origins around 1808, psychiatry has struggled with questions of identity and purpose. This identity ...

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 ...

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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 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. ...

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Intersection of Mental Health Act and Capacity Legislation

The case of Tees Esk and Wear Valleys NHS Trust v KAG [2024] EWCOP 38 (T3) and others offers a compelling illustration of the complexities that can arise at the intersection of mental health law and capacity law in the context of medical treatment decisions. This case involved the proposed insertion of a percutaneous endoscopic gastrostomy (PEG) for a patient, KAG, suffering from severe depression and refusing to eat. The NHS Trusts, seeking to provide this treatment, aimed to detain ...