免责声明:本网站不构成法律建议。法律法规和判例法会发生变化。请务必就您的具体情况咨询合格的律师。

所有主题

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

1

Sectioning — Compulsory admission under sections 2 (assessment, up to 28 days), 3 (treatment, up to 6 months), and 4 (emergency, 72 hours).

2

Nearest Relative — The patient's nearest relative has specific powers including the right to discharge and to be consulted before certain detentions.

3

Mental Health Tribunals — Independent panels that review detention and can order discharge; patients have the right to apply.

4

Community Treatment Orders (CTOs) — Allow supervised treatment in the community for patients who have been detained, with conditions attached.

5

Capacity and Consent — The Mental Capacity Act 2005 governs decisions for those who lack capacity; best interests principle applies.

6

Deprivation of Liberty Safeguards (DoLS) — Authorisation required for depriving liberty of incapacitated persons in hospitals or care homes.

7

Independent Mental Health Advocates (IMHAs) — Statutory advocacy service for detained patients.

8

Approved Mental Health Professionals (AMHPs) — Specially trained professionals who coordinate assessments and applications for admission.

关键法规

Mental Health Act 1983

1983

Mental Health Act 2007

2007

Mental Capacity Act 2005

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.