header-logo header-logo

12 January 2018 / Keith Wilding
Issue: 7776 / Categories: Features , Mental health
printer mail-detail

Liberty, autonomy & the Mental Health Act review

nlj_7776_wilding

Keith Wilding explains why the independent review of the Mental Health Act 1983 should take a broad approach

  • The review must look beyond the 1983 Act, taking account of mental capacity and adult protection.

  • There may be confusion and overlap between various types of intervention.

  • Current thinking on compulsory intervention must be considered.

An independent review of the Mental Health Act 1983, to be chaired by Sir Simon Wessely, a past president of the Royal College of Psychiatrists, was announced by the Prime Minister on 4 October 2017. It appears to have been prompted by, among other things, the rising rates of detention under the 1983 Act of persons suffering from mental disorder but it is no doubt part of the present high profile of mental health issues. A previous review in 1999—The Report of the Expert CommitteeReview of the Mental Health Act 1983 (the Richardson Report)—made cogent analysis of the 1983 Act and made a series of recommendations that never came to fruition. The Prime Minister’s announcement, however, offers a fresh opportunity to comprehensively

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll