Articles for tag: assessment, case law, common law, human rights, imprisonment, law, police, s136, treatment

Case Study: Sessay v South London & Maudsley NHS Foundation Trust (2011)

In August 2010, police officers entered the home of Ms Sawida Sessay, prompted by a neighbour’s concern about her welfare and ability to care for her young child. Without obtaining a warrant or consulting mental health professionals, the officers formed a judgment that Ms Sessay appeared mentally disordered and took her, along with her child, initially to Peckham police station. After her child was placed into police protection, the officers transported Ms Sessay to the Maudsley Hospital, specifically into the ...

Critical Thinking in Psychiatry

Most trainees in psychiatry are told about the importance of critical thinking. However, they are not often educated about the concept’s key components or what exactly it means. Some have been led to think that critical thinking is about how to analyse research publications. CONCEPTUAL ANCHOR: Critical thinking involves systematic processes. It is a disciplined and self-directed activity that requires active engagement with information. When thinking critically, we skillfully conceptualise, apply, analyse, synthesise, and evaluate information. This information comes from ...

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 ...

Section 17 and other leave

Section 17 leave is a provision under the Mental Health Act 1983 (MHA) in England and Wales that permits patients detained in hospitals under certain sections of the Act to be granted leave of absence. Not all leave of absence is provided for by S17. Throughout this article S17 means S17(1) to S17(5) with particular emphasis on S17(3). Other parts of S17 are not explored. To many S17 appears ‘simple’: the Responsible Clinician signs a ‘form’, and that’s the leave. S17 ...

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: ...

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 ...

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 ...

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. ...