This is a response to the pre-legislative scrutiny of the draft Mental Health Bill. It is in two parts. The second, and major, part is the detailed response to all of the Committee's recommendations. It is preceded by a section sets out the background to proposed legislation.
This new edition of Mental Health in a Multi-Ethnic Society is an authoritative, comprehensive guide on issues around race, culture and mental health service provision. It has been updated to reflect the changes in the UK over the last ten years and features entirely new chapters by over twenty authors, expanding the range of topics by including issues of particular concern for women, family therapy, and mental health of refugees and asylum seekers. Divided into four sections the book covers: issues around mental health service provision for black and minority ethnic (BME) communities including refugees and asylum seekers critical accounts of how these issues may be confronted, with examples of projects that attempt to do just that programs and innovative services that appear to meet some of the needs of BME communities a critical but constructive account of lessons to be drawn from earlier sections and discussion of the way ahead. With chapters on training, service user involvement, policy development and service provision Mental Health in a Multi-Ethnic Society will appeal to academics, professionals, trainers and managers, as well as providing up-to-date information for a general readership.
A comprehensive and accessible guide for mental health professionals advising service users on their choices about treatment in the event of future episodes of mental illness, covering all ideological, legal and medical aspects of advance directives.
This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focusing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.
This book examines the changing relationship between disability and the law, addressing the intersection of human rights principles, human rights law, domestic law and the experience of people with disabilities. Drawn from the global experience of scholars and activists in a number of jurisdictions and legal systems, the core human rights principles of dignity, equality and inclusion and participation are analyzed within a framework of critical disability legal scholarship. This book breaks new ground in its consideration of the way in which human rights principles can be applied in law and policy to achieve positive outcomes for people with disabilities. With a foreword of Professor Ron McCallum AO, 2010 Chair United Nations Committee on the Rights of Persons with Disabilities.
In Understanding Treatment Without Consent, key contributors examine the work of the UK Mental Health Act Commission (MHAC), which was established to ensure the care and rights of people subjected to the various sections of the 1983 Mental Health Act. Based on a research project funded by the Department of Health, the book also offers a broader exploration of mental health provision in both historical and contemporary contexts, discussing whether mental health reforms have learned the lessons of history. The book builds on earlier work on treatment without consent by providing a more policy-oriented account of mental health law and regulation in the context of health service modernization, discussing contemporary issues facing the MHAC and looking at its future role.
This is the 11th biennial report by the Mental Health Commission on its activities in monitoring the operation of the Mental Health Act 1983 and reviewing the lawfulness of detention of detained patients. This report covers the financial years 2003-04 and 2004-05 and focuses on issues of security and care. Topics discussed include: findings in court case judgements (including the 2004 European Court of Human Rights judgement in HL v United Kingdom) and the use of legal powers in relation to civil detention and the criminal justice system, staffing and resources issues, devolved service commissioning and the impact on specialist provision, the concept of patient choice, equality issues, the detention and monitoring of mentally disordered persons and offenders, deaths of detained patients and seclusion incidents, Second Opinion activity, and the implications of the forthcoming Mental Health Bill.
The use of coercion is one of the defining issues of mental health care. Since the earliest attempts to contain and treat the mentally ill, power imbalances have been evident and a cause of controversy. There has always been a delicate balance between respecting autonomy and ensuring that those who most need treatment and support are provided with it. Coercion in Community Mental Health Care: International Perspectives is an essential guide to the current coercive practices worldwide, both those founded in law and those 'informal' processes whose coerciveness remains contested. It does so from a variety of perspectives, drawing on diverse disciplines such as history, law, sociology, anthropology and medicine to provide a comprehensive summary of the current debates in the field. Edited by leading researchers in the field, Coercion in Community Mental Health Care: International Perspectives provides a unique discussion of this prominent issue in mental health. Divided into five sections covering origins and extent, evidence, experiences, context and international perspectives this is ideal for mental health practitioners, social scientists, ethicists and legal professionals wishing to expand their knowledge of the subject area.
Drawing on a wealth of experience from both current and past practitioners in mental health, this book is a handbook for Approved Mental Health Practitioners at a time of uncertainty and change. The book considers the themes and issues relating to the role, the present day challenges and future directions for the profession.
Drawing on Foucault's later work on governmentality, this book traces the effects of 'the rise of risk' on contemporary social work practice. Focusing on two 'domains' of practice – mental health social work and probation work – it analyses the ways in which risk thinking has affected social work's aims and objectives, methods and approaches.
