Articles for tag: assessment, care, DOLS, freedoms, human rights, law, liberties, liberty, MCA, MHA, psychiatry, rights, standards, treatment

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. ...

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 is an inseparable part of ‘diagnosis’. By way of analogy, a good meal usually involves the methodology of preparation, and in many but not all ...

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 it. For the avoidance of doubt or arbitrary inference, I do not relish patients suffering or promote the suffering of patients in any related matter. ...

Is Diagnosis in Psychiatry More Art Than Science?

The claim that psychiatric diagnosis is “an art, not a science” is a dangerous myth, often perpetuated to the detriment of those struggling with mental illness. This misconception implies a reliance on subjective guesswork rather than the rigorous application of scientific principles that underpin other medical fields. While psychiatric diagnosis certainly presents unique complexities, it is undeniably grounded in scientific methodology. The idea of “art vs. science” in psychiatric diagnosis is squarely challenged. This exploration covers the science behind diagnosis, ...

The Expert Witness Instruction Process

This article follows from and should be read in conjunction with The Privileges, Roles, and Duties of an Expert Witness for UK Psychiatrists – Investigative Psychiatry The process of instructing an expert witness in a legal matter can be divided into two key stages: the initial approach and the formal instruction. Understanding the purpose and content of each stage is crucial for both the instructing party and the expert, ensuring clarity, legal compliance, and a smooth working relationship. Instructions are ...

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 their own health or safety, or the safety of others. The Mental Health Act Manual by Richard Jones is the best resource for information on ...

The Privileges, Roles, and Duties of an Expert Witness for UK Psychiatrists

Part 1: Defining the Role in Legal Proceedings Introduction The role of the expert witness is frequently misunderstood. Contrary to certain portrayals in American media, which often depict expert witnesses as partisan advocates, expert witnesses within the UK legal system bear an overriding duty to the court itself. This fundamental distinction is crucial for a comprehensive understanding of the function and obligations of expert witnesses within the UK legal framework. Expert witnesses are individuals possessing specialised knowledge and expertise within ...