精神卫生法
根据1983年精神卫生法对精神障碍者的评估、拘留和治疗。
简介
精神卫生法规范对精神障碍者的评估、拘留和治疗。
核心原则
Sectioning — Compulsory admission under sections 2 (assessment, up to 28 days), 3 (treatment, up to 6 months), and 4 (emergency, 72 hours).
Nearest Relative — The patient's nearest relative has specific powers including the right to discharge and to be consulted before certain detentions.
Mental Health Tribunals — Independent panels that review detention and can order discharge; patients have the right to apply.
Community Treatment Orders (CTOs) — Allow supervised treatment in the community for patients who have been detained, with conditions attached.
Capacity and Consent — The Mental Capacity Act 2005 governs decisions for those who lack capacity; best interests principle applies.
Deprivation of Liberty Safeguards (DoLS) — Authorisation required for depriving liberty of incapacitated persons in hospitals or care homes.
Independent Mental Health Advocates (IMHAs) — Statutory advocacy service for detained patients.
Approved Mental Health Professionals (AMHPs) — Specially trained professionals who coordinate assessments and applications for admission.
关键法规
Mental Health Act 1983
Mental Health Act 2007
Mental Capacity Act 2005
重要判例
Winterwerp v Netherlands
(1979) 2 EHRR 387
HL v United Kingdom
(2004) 40 EHRR 32
R (MN) v Mental Health Review Tribunal
[2008] EWHC 3383 (Admin)
常见情景
Being sectioned under the Mental Health Act
An AMHP, together with two doctors (one approved under s.12), can apply for compulsory admission. Patients can appeal to a Mental Health Tribunal and have access to an IMHA.
Challenging a Community Treatment Order
A patient on a CTO can apply to the Tribunal for discharge. The responsible clinician must show the criteria for the CTO are still met.