Articles for tag: GMC, law, MHA 1983, psychiatry, RC, regulation, responsible clinician, s34, standards, statute

A Creature of Statute: The Legal Paradox of the Responsible Clinician

The role of the Responsible Clinician (RC) is unlike any other in medicine. It is a unique statutory *office, created by Parliament, with duties and powers that flow directly from the Mental Health Act 1983. [*office does not mean a room with desk and chair etc.] This reality places the RC in a legal position, separate from the normal contractual relationship with an employer. This article explores the independent nature of the RC role, the limits of managerial direction, and ...

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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 ...