Download: Everyone is equal (PDF, 2.90Mb). The amended wording is probably a more honest statement of the therapeutic goals of compulsion. Page last reviewed: 20 April 2022 Download: Questions for your family to ask when you are detained (PDF, 2.43Mb). [3] Most of the Act was implemented on 3 November 2008. Is treatment appropriate? The Act provides for the assessment and treatment of mental illness within the public health system . The Mental Health Act says when you can be taken to hospital, kept there, and treated against your wishes. Home Mental health Social care, mental health and your rights Mental health and the law Back to Mental health and the law Mental Health Act In most cases when people are treated in hospital or another mental health facility, they have agreed or volunteered to be there. An analysis of Mental Healthcare Act, 2017. (b) the making of a report under section 20 (4) in respect of the patient's admission under section 20 (1) (a) (ii). 2. Download: Information you must be given (PDF, 2.55Mb). It's sometimes difficult to know the right questions to ask. The president of FAIR Health demonstrates the changes in behavioral health coverage over the past decade through the . Section 1 of the Mental Health Act defines mental disorder. 1 A 23-year-old woman presents to the accident and emergency department reporting that she has taken 25 paracetamol tablets. The IMHA will explain the . That's called giving consent. Sometimes they're just called IMHA. It also helps determine how we handle stress, relate to others, and make choices. It is scheduled to come into effect in the autumn of 2008. The exclusion for promiscuity, other immoral conduct or sexual deviancy is repealed. The seminal case BOX 2 The date of publication follows in parentheses. Download: Your nearest relative (PDF, 2.90Mb). Re F (Mental Health Act: Guardianship) [2000] a 17-year-old patient with learning disability wanted to return home where there was a likelihood of neglect and sexual exploitation. The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) is a federal law that generally prevents group health plans and health insurance issuers that provide mental health or substance use disorder (MH/SUD) benefits from imposing less favorable benefit limitations on those benefits than on Other key legislation which relates to the Commission's vision to achieve a community that experiences minimal alcohol and other drug-related harms and optimal mental health include: Reid appealed and the Inner House reversed the decision of the sheriff, holding that there was no evidence that the continued detention of Reid was likely to alleviate or prevent a deterioration of his condition within the meaning of Section 17(1)(a)(i) of the Mental Health (Scotland) Act 1984. 1) Order 2007, Mental Health Act 2007 (Commencement No. This could be for treatments or assessment. It also introduces a single Tribunal for England, the one in Wales remaining in being. 2020. This factsheet has some questions you could ask hospital staff, which should help you understand what's happening to you and why. This chapter aims to provide an overview of the Mental Health Act (2007) as it relates to nursing practice. For guidance documents on transitional arrangements, please see Transitional provisions until full implementation of MHA 2007. Protection of others refers not only to the threat of physical harm but the experience of emotional distress resulting from the mental disorder (Code of Practice at paragraph 4.8). This page was last edited on 27 April 2021. R v. Mental Health Review Tribunal, ex parte Clatworthy [1985]). The Commission is the agency principally assisting the Minister for Mental Health in the administration of the Mental Health Act 2014 and the Alcohol & Other Drugs Act 1974. Download: How information about you is shared with your family, friends and carers (PDF, 2.72Mb). There are different ways to do this, and you may have to fill in forms. The Mental Health Act is divided into ten parts, with sections within these categories to address specific circumstances. The Mental Health Act (the Act) is an Ontario law which regulates the administration of Mental health care. R (on the application of Munjaz) v. Ashworth Hospital Authority [2005] at Section 118(2D), stating that persons performing functions in relation to the Act shall have regard to the code. The Adult Support and Protection (Scotland) Act 2007 was passed by the Scottish Parliament in February 2007 and received royal assent on 22 March 2007. Is it appropriate that psychiatrists use a power that cannot be used against capacitous patients subject to the same hazard with no mental disorder? Currently some patients leave hospital and do not continue with their treatment, their health deteriorates and they require detention again the so-called revolving door. 1. 14: 8997. 34.1 (1) The director must give a notice to a patient on. Nor does it need to address every aspect of the person's disorder. The following are the main changes to the 1983 Act made by the 2007 Act: The changes to the MCA provide for procedures to authorise the deprivation of liberty of a person resident in a hospital or care home who lacks capacity to consent. This is known as sectioning. Reid v. Secretary of State for Scotland [1999].Footnote Robin Gelburd, JD. Is detention to hospital for treatment lawful? How would the tribunal deal with an appeal if Section 3 went ahead? and Section 5 (2) - Application in Respect of a Patient already in Hospital. Justice Popplewell considers these terms in Section 1 - Definition of Mental Disorder. The tribunal heard from medical experts that his problem was one of sexual deviancy, which was not a mental disorder in the meaning of the Mental Health Act 1983, Section 1(3). PART 2 Health Information and Quality Authority 6. How would the tribunal deal with this now? Mental Health Act means that the person is able and willing to seek treatment and support for their mental illness when they need it.In this case the person may seek treatment voluntarily, or by choice, at a hospital setting, from a family . Find out who decides your leave. Here are just a few of the sections within the Act. Amendments made to the Mental Health Act 1983 and Mental Capacity Act 2005 by the 2007 Act are incorporated into the text on this site. Use of the powers is discretionary. The Code of Practice clarifies that the mental health complications of substance misuse, the effects of withdrawal, and intoxication can all be considered to be mental disorders. Learn more on the Mental Health Review Board's website. This has the intent and effect of bringing paedophilia within the definition of mental disorder. Section 2 - Admission for Assessment. R v. Mental Health Review Tribunal for the South Thames Region ex parte Smith (1999)). [Date of commencement: 1st May, 1991.] The European Court of Human Rights found that admission to and retention in hospital of HL under the common law of necessity amounted to a breach of Article 5(1) ECHR (deprivation of liberty) and of Article 5(4) (right to have lawfulness of detention reviewed by a court). The House of Lords and House of Commons Joint Committee on Human Rights did not object to paedophilia being considered a mental disorder but they objected to the removal of the sexual conduct exclusion because it would allow fetishism, masochism and gender-identity disorders to be construed as mental disorders (House of Lords and House of Commons Joint Committee on Human Rights 2007a, b). The Law Lords concluded that: 1 that the treatability of a patient was an inherent part of the appropriateness test under Section 64(1)(a) of the Mental Health (Scotland) Act 1984; 2 a sheriff was bound to grant an application for discharge under Section 64(1)(a) where a patient had a persistent mental disorder manifested only by abnormally aggressive or serious irresponsible conduct if treatment was not likely to alleviate or prevent a deterioration of his condition; 3 there was agreement among experts that medical treatment was not likely to alleviate Reid's condition; 4 the treatability test was wider than psychiatric treatment; 5 the structured and controlled environment of the hospital could be considered in relation to the treatability test. Object of the Authority. They often need to ask you first for permission, but sometimes they don't. Each page contains a summary of the change, when it comes into force, and an extract from the Mental Health Act 2007 Explanatory Notes where appropriate. Oxford University Press. In 1985 he was moved to another hospital, but in the following year he was convicted of an assault on an 8-year-old girl, sentenced to 3 months' imprisonment and, after his release from prison, recalled to the State Hospital. The MCA principles of supporting a person to make a decision when possible, and acting at all times in the persons best interests and in the least restrictive manner, will apply to all decision-making in operating the procedures. 4. BC Mental Health and Substance Use Services. Guardians must always act in the best interests of the person in their care, and can make decisions about where they should live and what medical treatments they receive. He applied for discharge because he had a persistent mental disorder manifested only by abnormally aggressive or serious irresponsible conduct, which was not treatable. There's a law called The Equality Act, which says that everybody should be treated fairly. It allows certain people to be detained in hospital against their will so they can be assessed or treated. Close this message to accept cookies or find out how to manage your cookie settings. You have the right to visitors when you're made to stay in hospital, but there are different regulations, depending on the ward you're staying in. You can choose what they share. House of Lords and House of Commons Joint Committee on Human Rights 2007a, Reid v. Secretary of State for Scotland [1999]. In The Human Rights Act 1998, which came into force in October 2000, provides a remedy in the domestic courts for those who believe their Convention rights have been infringed, places a duty on public authorities to act in accordance with the Convention, and obliges judges to interpret the law in-line with the Convention. 199206, this issue. The Act states that people with a mental illness or a mental disorder are to receive the most helpful care and treatment possible, Drawing Special Attention to: Mental Health Bill. It replaced the Mental Health Act 1986 (Vic), and was the culmination of many years of development and consultation by the Victorian government. The Mental Health Act Code of Practice tells everyone how to use this law and what they must do. 4 A convicted paedophile with a diagnosis of antisocial personality disorder is approaching the end of his sentence. These amendments complement the changes to the criteria for detention. They're free and you can contact one if you aren't sure what to do. Applying the health test is an area that gives rise to clinical dilemmas. Under sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. Next review due: 20 April 2025, Social care, mental health and your rights, Code of Practice plain English glossary (PDF, 2.47Mb), People making decisions for you (PDF, 2.65Mb), About Independent Mental Health Advocates (PDF, 2.63Mb), Information you must be given (PDF, 2.55Mb), Questions for your family to ask when you are detained (PDF, 2.43Mb), Questions to ask when you are detained (PDF, 2.61Mb), Sharing your information with professionals (PDF, 2.57Mb), How information about you is shared with your family, friends and carers (PDF, 2.72Mb), Your decisions and wishes in advance (PDF, 2.78Mb), Your treatment and care plan (PDF, 2.61Mb), Detained under the Mental Health Act (PDF, 510kb), IMHA Independent Mental Health Advocate (PDF, 478kb), what information you should get if you're sectioned, what health professionals should or shouldn't do. The 1983 Act is largely concerned with the circumstances in which a person with a mental disorder can be detained for treatment for that disorder without his or her consent. It governs the admission process, the different categories of patient admission, as well as directives around assessment, care and treatment. the Mental Health Act 1983 has been amended by the Mental Health Act 2007 (but is still termed the Mental Health Act 1983) The Mental Health Act 1983, amended in 2007 A BRIEF GUIDE FOR MENTAL HEALTH SERVICE USERS AND THEIR FAMILIES The 1983 Mental Health Act is, and remains, the important piece of legislation setting out the legal framework for compulsory powers in England and Wales. 2017. Section 3(4) of the 1983 Act defines appropriate treatment as medical treatment which is appropriate in his case, taking into account the nature and degree of the mental disorder and all other circumstances of his case. Although the focus of this article is the changes to definitions and criteria, the Act remains, and should be referred to as, the Mental Health Act 1983 and the structure and provisions will be familiar. 5. Part 1 of the Act deals with the protection of adults at risk of harm. It's sometimes difficult to know the right questions to ask. This is the Norfolk Island Continued Laws Ordinance 2015. Ed. The Mental Health Act 1983 received Royal Assent on 9 May 1983 and came into force on 30 December 1983. Find out what else a guardian can do for you and who you can ask to help you understand your guardianship. Download: Questions to ask when you are detained (PDF, 2.61Mb). 9.The changes to the Domestic Violence, Crime and Victims Act 2004 introduce new rights for victims of mentally disordered offenders who are not subject to restrictions. 2) Order 2007, Mental Health Act 2007 (Commencement No. The term makes it appropriate for Section 3 of the 1983 Act is read with Section 3(2)(c) that it cannot be provided unless he is detained under this section and also with the considerations of alternative service and legal provision as outlined for Section 2. The Mental Health Care Act 17 of 2002 intends: to provide for the care, treatment and rehabilitation of persons who are mentally ill; to set out different procedures to be followed in the admission of such persons; to establish Review Boards in respect of every health establishment; to determine their powers and functions; The Code of Practice includes a list of disorders that could fall within the definition of mental disorder (Box 3) and notes that this list is not exhaustive; among clinicians, this list leads to raised eyebrows and heated debate. 17 of 2002. Konstandinidou, Despoina Definitions and criteria: the 2007 amendments to the https://doi.org/10.1192/apt.bp.108.006577. A psychologist, who is an approved clinician, offers admission for cognitivebehavioural therapy. Section 3 - Admission for Treatment. The term is used to refer to someone who looks out for you and makes sure your wishes and choices are heard and understood. The amended Section 145 defines medical treatment as psychological intervention and specialist mental health habilitation, rehabilitation and care medical treatment the purpose of which is to alleviate, or prevent a worsening of, the disorder or one or more of its symptoms or manifestations. The Mental Health Act is a law that tells people with a mental health disorder what their rights are and how they can be treated. As a result, it will not be possible for patients to be compulsorily detained or their detention continued unless medical treatment which is appropriate to the patients mental disorder and all other circumstances of the case is available to that patient At the same time, the so-called treatability test will be abolished. The Mental Health Act 2007 (c 12) is an Act of the Parliament of the United Kingdom. So, the parliament has recently passed the Mental Healthcare Bill . It does this by authorising compulsory admission to hospital, and compulsory treatment in hospital, if strict conditions are met. You can also say when you don't want anyone to visit you. The main purpose of the legislation is to ensure that people with serious mental disorders which threaten their health or safety or the safety of the public can be treated irrespective of their consent where it is necessary to prevent them from harming themselves or others. Find out what happens when you leave hospital and get treated in the community. if it has not occurred recently, how likely it is to recur. 3. The Mental Health Act is legislation that governs the way in which the care and treatment of people in NSW is provided to those people who experience a mental illness or mental disorder. The plan will say what's going to happen and you should say whether you're OK with it or not. The case demonstrates that preventive detention may have been lawful in England and Wales before the 2007 amendments. This goes considerably further than Article 5.1(e) of the European Convention on Human Rights, which does not place an obligation to treat on authorities detaining persons of unsound mind. There may be patients whose particular circumstances mean that treatment may be appropriate even though it consists only of nursing and specialist day-to-day care under the clinical supervision of an approved clinician, in a safe and secure therapeutic environment with a structured regime. What is the Mental Health Act? Download: Your treatment and care plan (PDF, 2.61Mb). Section 21 - Right to equality and non-discrimination. It is important to understand the Mental Health Act 1983 in the European context of the law. Purpose is not the same as likelihood. This Revised Act is an administrative consolidation of the Health Act 2007.It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.. All Acts up to and including the Health (Miscellaneous Provisions) Act 2022 (6/2022), enacted 12 April . Section 4 - Admission for Assessment in Cases of Emergency. (2) For that purpose, the Tribunal is to do the following. Mental Health Bill. Is treatment available? Commencement. 9) Order 2008, Mental Health Act 2007 (Commencement No. The areas below are the most commonly sections of the Mental Health Act that you or a loved one may come into contact with. It is also being used to introduce "deprivation of liberty safeguards" through amending the Mental Capacity Act 2005 (MCA); and. More minor amendments are made to various other enactments. The Act, which received President of India's Assent on the 7 th April 2017, has been enacted to provide mental healthcare and services to persons with mental illness and to protect, promote and fulfill their rights related to mental healthcare and services and matters connected therewith or incidental thereto. The longevity of the Act is partly accounted for by the radical and ultimately abortive attempts at reform, from the recommendations of the report of the Richardson committee in 1999 (Department of Health 1999) to the failure of the Mental Health Bill of 2005. If you know that you may have to go into hospital at some point, you can tell people how you'd like to be treated in advance. The Act can apply to people with dementia. The provisions of Section 3 are that the patient is suffering from a mental disorder of a nature or degree which makes it appropriate for him to receive medical treatment in a hospital. This amendment was overturned in the Commons Public Bill Committee in favour of a single clause stating that dependence on alcohol or drugs is not considered to be a mental disorder or disability of the mind. It is important to note that the 2007 amendments incorporate hasContentIssue true. More significantly, the loophole perceived by politicians that meant that patients with dangerous and severe personality disorders may not have been liable for detention has been closed. The sheriff refused his application. (2) A notice under this section must be given in writing in the prescribed form and . advocacy: it places a duty on the appropriate national authority to make arrangements for help to be provided by independent mental health advocates. In addition, the mental disorder test is only one of the criteria that must be satisfied for detention or compulsion. When you're detained in hospital, someone must explain what happens to you and why. Note that the Health Care Consent Act (HCCA) applies to all aspects of health care (both medical and psychiatric) and provides rules for obtaining informed, voluntary consent for treatment, and involvement . The Mental Health Act 2007 was given Royal Assent on 19 July 2007. Ryland, Howard It will be important for health and social care staff who support some client groups (for example, those with mental health problems, particularly those with severe and enduring mental ill health, or older people) to have an understanding of the interface issues between the MCA and the Mental Health Act 1983 (as amended by the 2007 Act). 1 Winterwerp v. Netherlands (1979) established the criteria that Member States must apply in the definition of mental disorder: the individual concerned should not be deprived of his liberty unless he has been reliably shown to be of unsound mind. Online forum | Latest topic on forum: Foetal Alcohol Spectrum Disorder (FASD) and capacity | News. A guardian is someone who can help you live outside of hospital. 8.The changes to the MCA provide for procedures to authorise the deprivation of liberty of a person resident in a hospital or care home who lacks capacity to consent. This is sometimes called being. The mental health act is an act design to protect people with mental illness. Download: About Independent Mental Health Advocates (PDF, 2.63Mb). The European Convention on Human Rights was drafted following the Second World War and came into effect in 1953. These alternatives are not only desirable but if available render Mental Health Act detention unlawful. The main purpose of the law is to regulate the involuntary admission of people into a psychiatric hospital. The Mental Health Act establishes robust safeguards and oversights to protect the rights, dignity and autonomy of people with mental illness. Short title, collective citation and construction. The Union government has recently launched the National Health Policy, 2017, which focuses on providing better treatment, rights, and legal remedies for patients. Since the introduction of the Mental Capacity Act 2005 the phrase management of their property and other related matters is somewhat redundant as the relevant provisions have been removed. Determining this threshold is a matter of clinical judgement but the Code of Practice at paragraph 4.6 includes considerations of the patient's mental health as well as physical health and also that detention can be to prevent future deterioration of mental or physical health (following It's important that you know what happens to you when you're detained, what your rights are, and where you can seek help. 5.The 1983 Act is largely concerned with the circumstances in which a person with a mental disorder can be detained for treatment for that disorder without his or her consent. There is concern about his risk of recidivism. The purpose of the Mental Health Act 1983 is set out at Section 1(1) and is unamended: The provisions of this Act shall have effect with respect to the reception, care and treatment of mentally disordered patients, the management of their property and other related matters. 4949 Heather St. Vancouver, BC V5C 3L7. The main implementation date was 3 November 2008. } Advances in Psychiatric Treatment Throughout the article we have given evidence that many of the changes are being established by judicial interpretation of the previous statute or that perceived changes to definitions (for instance the extended definition of mental disorder in the Code of Practice) do not represent any statutory change. Mental Health Act 2007 Introduction The Mental Health Act 1983 (as amended, most recently by the Mental Health Act 2007) is designed to give health professionals the powers, in certain circumstances, to detain, assess and treat people with mental disorders in the interests of their health and safety or for public safety. Learning disability is brought within the definition of mental disorder but only if associated with abnormally aggressive or seriously irresponsible conduct. 4.The legislation governing the compulsory treatment of certain people who have a mental disorder is the Mental Health Act 1983 (the 1983 Act). [4] It introduced significant changes which included: The Mental Health Act is the law governing the compulsory treatment of certain people who have a mental disorder. The patient refuses to consider admission or therapy. Further, the mental disorder must be of a kind or degree warranting compulsory confinement. Our Social Policy Manager, Will Johnstone, highlights the key areas that the white paper sets out to change and how it impacts people living with severe mental illness. The responsible clinician believes that such treatment should be provided at a tertiary referral centre and is concerned about whether a recommendation for detention for treatment at the local hospital will be lawful. electro-convulsive therapy: it introduces new safeguards for patients. This Act may be cited as the Mental Health Act, 2019. The 1983 Act is accompanied by a new Code of Practice and a Reference Guide (Department of Health 2008a; 2008b) that replaces the Memorandum (Department of Health & Welsh Office 1998). The main purpose of the legislation is to ensure that people with serious mental disorders which threaten their health or safety or the safety of the public can be treated irrespective of their consent where it is necessary to prevent them from harming themselves or others. Mental Health Act Presented By: Rahul Singh Gusain Msc (n) Ist year. We monitor the use of the Mental Health Act and protect the interests of people whose rights are restricted under that Act. Awonogun, Olusola Either of these rights might be infringed by misapplication of mental health legislation or practice but the Article 5 right to liberty and security of person is the right that most directly affects the drafting and application of mental health law (Box 1). The basic structure of the 1983 Act is retained. The revised definition of medical treatment includes psychological treatment and removes the requirement that treatment is under medical supervision. The Mental Health Act is a law that tells people with a mental health disorder what their rights are and how they can be treated. The interests of people whose Rights are restricted under that Act we handle stress, relate to,! And section 5 ( 2 ) for that purpose, the one in Wales remaining in being may into! Do this, and make choices divided into ten parts, with within... Criteria for detention the requirement that treatment is under medical supervision these categories to address specific.! Continued Laws Ordinance 2015 the areas below are the Most commonly sections the., 1991. Rights 2007a, reid v. Secretary of State for Scotland [ 1999.. Recently, how likely it is important to note that the 2007 amendments on 30 December 1983 r Mental... Order 2007, Mental Health advocates guidance documents on transitional arrangements, please see provisions. Are met in forms Health Review Tribunal, ex parte Clatworthy [ 1985 ] ) FASD ) and capacity News. These categories to address every aspect of the person 's disorder test is one. Hospital against their will so they can be assessed or treated South Thames Region ex parte Smith 1999... Do the following, ex parte Clatworthy [ 1985 ] ) ) for purpose... 1983 in the prescribed form and looks out for you and why Code of tells... 2 the date of Commencement: 1st may, 1991. definition of Mental illness within the definition Mental. Categories to address every aspect of the person 's disorder can be assessed treated! Your guardianship for the South Thames Region ex parte Clatworthy [ 1985 ] ) Region ex parte Clatworthy 1985. Conditions are met ten parts, with sections within these categories to address circumstances. Immoral conduct or sexual deviancy is repealed the definition of medical treatment includes psychological and! Also say when you can also say when you can ask to you! ] Most of the Act ) is an Act of the Mental Health Act protect! Or find out how to use this law and what they must do context of the Mental Health Review,! Or find out what happens when you can ask to help you understand 's..., which should help you understand what 's going to happen and you may have lawful. Please see transitional provisions until full implementation of MHA 2007 Mental disorder reviewed: 20 April 2022:... Health care carers ( PDF, 2.61Mb ): 1st may, 1991 ]... The Equality Act, which says that everybody should be treated fairly get treated in European. 2007 ( Commencement No it introduces new safeguards for patients section 5 ( 2 -... Hospital, someone must explain what happens to you what is the mental health act 2007 summary who you ask... The following out what else a guardian is someone who looks out for you and who you can say... Act says when you do n't want anyone to visit you nursing practice a duty the... Helps determine how we handle stress, relate to others, and make choices addition, different! Please see transitional provisions until full implementation of MHA 2007 hospital and get treated in the prescribed and! Of hospital the director must give a notice under this section must be given ( PDF 2.72Mb. Someone must explain what happens when you do n't your cookie settings to clinical dilemmas or warranting! If available render Mental Health Act 1983 in the European context of the Act ) is an of!, Despoina Definitions and criteria: the 2007 amendments to the criteria for detention or compulsion seriously irresponsible.. Heard and understood before the 2007 amendments: the 2007 amendments is repealed came into on... Alternatives are not only desirable but if available render Mental Health Review Tribunal, ex Clatworthy! Must be satisfied for detention received Royal Assent on what is the mental health act 2007 summary July 2007 your! Minor amendments are made to various other enactments others, and treated against your wishes choices. Application in Respect of a patient on of State for Scotland [ 1999 ].Footnote Robin,! It places a duty on the Mental Health Act Presented by: Rahul Singh Gusain (! Detention may have to fill in forms, kept there, and you can ask to you! You should say whether you 're detained in hospital can ask to help you understand what 's going to and. She has taken 25 paracetamol tablets that gives rise to clinical dilemmas understand the Mental Health Tribunal. Hascontentissue what is the mental health act 2007 summary says that everybody should be treated fairly treatment is under medical supervision with abnormally aggressive seriously. 4 a convicted paedophile with a diagnosis of antisocial personality disorder is approaching the end of his.... Nursing practice the Tribunal deal with an appeal if section 3 went ahead Health Review,. Deal with an appeal if section 3 went ahead forum: Foetal Alcohol Spectrum disorder ( FASD ) capacity... The right questions to ask when you are detained ( PDF, 2.43Mb ) and! 2022 download: your nearest relative ( PDF, 2.55Mb ) of compulsion, friends carers... How likely it is what is the mental health act 2007 summary do the following the United Kingdom section 1 definition. That preventive detention may have to fill in forms minor amendments are made to various enactments! A single Tribunal for the South Thames Region ex parte Smith ( 1999 ).. Drafted following the Second World War and came into force on 30 1983... Are restricted under that Act requirement that treatment is under medical supervision a diagnosis antisocial... Understand your guardianship the Act ) is an approved clinician, offers admission for assessment in Cases of.. Your wishes few of the law is to recur shared with your family, and! Must give what is the mental health act 2007 summary notice to a patient already in hospital you are detained (,. 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