Articles for tag: law, psychiatry, regulation, risk, standards, treatment

Trouble in NZ: Homicide and Insanity twice

In a case described as “shrouded in secrecy,” a man in New Zealand has been found not guilty of murder by way of insanity twice after committing two separate homicides . The first killing occurred over two decades ago, during which he was ruled legally insane and designated a “special patient” under New Zealand’s Mental Health Act—a status reserved for individuals deemed a high risk to public safety due to severe mental illness. Despite being subject to psychiatric oversight, the ...

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 ...

Negligence in UK Law – Part 1

Negligence, a cornerstone of tort law in civil law, holds significant implications for medical practitioners, and healthcare organisations, particularly in the UK’s complex healthcare landscape. The title of this article does not include the words “medical negligence” because in reality the foundation of negligence is not specific to ‘medical’, ‘dental’, ‘nursing’, ‘social work’, or other negligence. This review aims to provide a comprehensive overview of negligence as a legal concept, tailored specifically for medical doctors, with an emphasis on its ...

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: ...

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. ...

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 the time he committed the offences. Axel Rudakubana was convicted of multiple charges related to the 2024 Southport stabbings. He pleaded guilty to: He was ...

Fires in Los Angeles compels review of tail risk

The tranquillity of a sunny afternoon can quickly transform into a scene of chaos when a wildfire erupts, engulfing homes and livelihoods in its path. Recent events, such as the devastating fires in Los Angeles, serve as stark reminders of the ever-present danger of tail risk. While cutting costs might seem prudent in the short term, history teaches us that neglecting tail risk can lead to disastrous and costly consequences. This article goes deeper into concept tail risk whilst exploring ...

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 substance labelled as killing that is 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 well. No evidence has been found to support tobacco smoking as beneficial to mental health for longer than 5 minutes. Unlike ...

Article 2 in Psychiatry – Savage and beyond

The Right to Life, enshrined in Article 2 of the European Convention on Human Rights (ECHR), holds profound implications for the care and treatment of individuals within mental health services. Article 2 declares that “Everyone’s right to life shall be protected by law.” This publication explores the evolution of legal understanding concerning the positive obligations imposed on Nation States to safeguard the lives of those entrusted to their care. Savage v South Essex Partnership NHS Foundation Trust [2007] UKHL 37 ...

Decision-making in forensic psychiatry

Decision-making in forensic psychiatry is a multifaceted process that goes beyond mere discussion of facts. It involves a deliberate, analytical approach to weighing various factors and arriving at plans, outcomes or conclusions that are congruent with widely accepted standards of practice. Accurate documentation of this process is essential for professional, legal, and ethical reasons, and merits careful consideration in both practice and academic discourse. See also the particular nature of forensic psychiatry. Discussion v Decision-making Discussion and decision-making, while interrelated ...