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Chapter 17 - The Mental Health Act and Other Relevant Legislation in Relation to Neurodevelopmental Disorders in the UK

from Section 3 - Criminal Justice Pathways and Legal Issues

Published online by Cambridge University Press:  18 May 2023

By
Harm Boer ,
Eleanor Brewster  and
Ryan McHugh
Edited by
Jane M. McCarthy ,
Regi T. Alexander  and
Eddie Chaplin
Jane M. McCarthy
Affiliation:
Sussex Partnership NHS Foundation Trust and University of Auckland
Regi T. Alexander
Affiliation:
Hertfordshire Partnership University NHS Foundation Trust and University of Hertfordshire
Eddie Chaplin
Affiliation:
Institute of Health and Social Care, London South Bank University
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Summary

In this chapter we summarise the key aspects of the mental health legislation (mainly the Mental Health Acts) applicable to people with intellectual disability and autism spectrum disorder as they apply to England and Wales, Scotland and Northern Ireland, as well as proposed new legislation or existing legislation not yet implemented.

Keywords

Mental Health Actintellectual disability restriction ordersMental Capacity ActDeprivation of Liberty Safeguardsliberty protection safeguardsEnglandWalesScotlandNorthern Ireland
Type
Chapter
Information
Forensic Aspects of Neurodevelopmental Disorders
A Clinician's Guide
 , pp. 202 - 216
Publisher: Cambridge University Press
Print publication year: 2023

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References

Mental Health Act 1983. Available at: www.legislation.gov.uk/ukpga/1983/20/contents.Google Scholar
Mental Health (Care and Treatment) (Scotland) Act 2003. Available at: www.legislation.gov.uk/asp/2003/13/contentsGoogle Scholar
Mental Capacity Act 2005. Available at: www.legislation.gov.uk/ukpga/2005/9/contents.Google Scholar
Zigmond, AS. Medical incapacity act. Psychiatric Bulletin 1998; 22: 657–8.Google Scholar
Report of Royal Commission on the Care and Control of the Feeble-minded, 1908. Available at: www.ncbi.nlm.nih.gov/pmc/articles/PMC2437104.Google Scholar
Report of the Royal Commission on the Law Relating to Mental Illness and Mental Deficiency (Percy Commission), 1957. Available at: https://navigator.health.org.uk/theme/percy-commission.Google Scholar
Bluglass, R. The Mental Health Act 1983. In Bluglass, R, Bowden, P, eds., Principles and Practice of Forensic Psychiatry. Churchill Livingstone, 1990, chapter XIII.Google Scholar
Mental Health Act 2007. Available at: www.legislation.gov.uk/ukpga/2007/12/contents.Google Scholar
Parker, C. The Mental Health Act 1983: the impact of the changes introduced by the Mental Health Act 2007 on people with learning disabilities. Tizard Learning Disability Review 2008; 13: 38–43.Google Scholar
Hollins, S, Lodge, KM, Lomax, P. The case for removing intellectual disability and autism from the Mental Health Act. British Journal of Psychiatry 2019; 215: 633–5.Google Scholar
Health and Social Care Information Centre. Inpatients formally detained in hospitals under the Mental Health Act 1983, and patients subject to supervised community treatment: uses of the Mental Health Act: Annual Statistics, 2015/16. Available at: https://digital.nhs.uk/data-and-information/publications/statistical/inpatients-formally-detained-in-hospitals-under-the-mental-health-act-1983-and-patients-subject-to-supervised-community-treatment.Google Scholar
Jones, RM. Mental Health Act Manual. Sweet & Maxwell, 2019.Google Scholar
Richards, S, Mughal, AF. Working with the Mental Health Act. Matrix Training Associates, 2010.Google Scholar
Criminal Procedure (Insanity and Unfitness to Plead) Act 1991. Available at: www.legislation.gov.uk/ukpga/1991/25/contents.Google Scholar
Zigmond, T, Brindle, N. A Clinician’s Brief Guide to the Mental Health Act. Royal College of Psychiatrists, 2016.Google Scholar
HL v The United Kingdom [2004] 40 EHRR 761.Google Scholar
Mental Capacity (Amendment) Act 2019, Available at: www.legislation.gov.uk/ukpga/2019/18/contents,Google Scholar
Secretary of State for Justice v. MM [2018] UKSC 60.Google Scholar
PJ v. Welsh Ministers [2018] UKSC 66.Google Scholar
Cheshire West and Chester Council and Central v. P [2011] EWCA Civ 1257.Google Scholar
Welsh Government. Mental Health Act 1983: code of practice. Available at: https://gov.wales/mental-health-act-1983-code-practice.Google Scholar
The Adults with Incapacity (Scotland) Act 2000. Available at: www.legislation.gov.uk/asp/2000/4/contents.Google Scholar
The Adult Support and Protection (Scotland) Act 2007. Available at: www.legislation.gov.uk/asp/2007/10/contents.Google Scholar
The Mental Health Tribunal for Scotland (practice and procedure) (No. 2) rules. 2005. Available at: www.legislation.gov.uk/ssi/2005/519/contents/made.Google Scholar
Scottish Government Health and Social Care Directorates. Adults with incapacity (Scotland) Act 2000: proposals for reform. Available at: www.gov.scot/publications/adults-incapacity-scotland-act-2000-proposals-reform.Google Scholar
Rome, A. Evans, C. Webster, S. Independent review of learning disability and autism in the Mental Health Act. 2019. Available at: https://webarchive.nrscotland.gov.uk/20200313213229/https://www.irmha.scot/wp-content/uploads/2020/01/IRMHA-Final-report-18-12-19-2.pdf.Google Scholar
Scott, J. Scottish mental health law review. Available at: www.mentalhealthlawreview.scot.Google Scholar
Scottish Government Health and Social Care Directorates. Learning disability and autism provision in the Mental Health (Scotland) Act 2003: findings from a scoping exercise 2017. Available at: www.gov.scot/publications/review-learning-disability-autism-mental-health-scotland-act-2003-findings.Google Scholar
McCarthy, J, Duff, M. Services for adults with intellectual disability in Aotearoa New Zealand. BJPsych International 2019; 16: 71–3.Google Scholar
Mental Health (NI) Order 1986. Available at: www.legislation.gov.uk/nisi/1986/595.Google Scholar
Weatherup, J. Neutral Citation No. [2003] NIQB35. Available at: www.judiciaryni.uk/judicial-decisions/2003-niqb-63.Google Scholar
Department of Health. The Bamford Review of Mental Health and Learning Disability (Northern Ireland): A Comprehensive Legislative Framework. Department of Health, 2007.Google Scholar
Department of Health and Social Services and Public Safety, Northern Ireland, Department of Justice. Draft Mental Capacity Bill (Nl): Principles Framework. 2015. Available at: www.niassembly.gov.uk/globalassets/documents/raise/publications/2015/hssps/6315.pdf.Google Scholar
Dawson, J, Szmukler, G. Fusion of mental health and incapacity legislation. British Journal of Psychiatry 2006; 188: 504–9.Google Scholar

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