By Paul Barber; Robert Brown; Debbie Martin; Great Britain
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Extra info for Mental health law in England and Wales : a guide for mental health professionals including the text of the Mental Health Act 1983 as amended by the Mental Health Act 2007
So for s3 there is no requirement that treatment is likely to alleviate or prevent a deterioration of the condition. Further for all purposes it is unnecessary to establish that the disorder is “persistent” or “resulting in abnormally aggressive or seriously irresponsible conduct” on the part of the patient. All that is required is “mental disorder”. This can only mean that more people (particularly the personality disordered) are eligible to be considered for use of the compulsory powers than before the amendments took effect.
The statement of guiding principles Given that there are separate Codes for England and Wales and that the principles are to be found in the Code, not in the Act, it is not surprising that each contains different principles designed to cover the “matters” referred to in s118. The Code for England contains five principles: 1. The purpose principle 2. The least restriction principle 3. The respect principle 4. The participation principle 5. The effectiveness, efficiency and equity principle. 17 Chapter 3 The Codes of Practice and the Reference Guide None of these principles is elaborated on at length – the whole chapter covers just two pages and does little more than restate the “matters” required to be addressed in the Code.
It follows that for example neither s3 nor s7 can be invoked without this qualification being met. Given the restrictive interpretation placed in particular on the phrase “seriously irresponsible conduct” by the Courts (see Re F (Mental Health Act: Guardianship) in Appendix 6), there will be some cases where Guardianship will not be a possible avenue for a patient because of this requirement. The intention is probably that such patients should be managed for preference under the Mental Capacity Act, but even when the Deprivation of Liberty 23 Chapter 4 Mental disorder and the availability of appropriate medical treatment Safeguards (which do not contain the same qualification) are introduced from April 2009 (see Chapter 11) opinions will be divided as to which route is more beneficial for such patients.
Mental health law in England and Wales : a guide for mental health professionals including the text of the Mental Health Act 1983 as amended by the Mental Health Act 2007 by Paul Barber; Robert Brown; Debbie Martin; Great Britain