Skip to main content
×
×
Home

‘Juridogenic’ harm: statutory principles for the new mental health tribunals

  • W. Obomanu (a1) and H. G. Kennedy (a2)
Extract

The new Mental Health Act for England and Wales is likely to extend the powers of mental health review tribunals (MHRTs) by giving tribunals the power to approve all compulsory treatment (Department of Health, 1999a, b). The medical member may be dropped entirely from the tribunal's proceedings (Richardson & Machin, 2000). In Ireland, a proposed new Mental Health Act will introduce MHRTs for the first time (Calvert, 2000). The 1983 Mental Health Act contains no explicit statement of underlying principles, although some were introduced in the revised Code of Practice. The Expert Committee (Department of Health, 1999b) suggested that the new Act should specify broad principles where these would help in statutory interpretation, particularly because a range of practitioners working in different settings will be required to understand and implement its provisions. The Green Paper initially suggested that the proper place for setting out principles should be a Code of Practice, but ended by inviting comments on the principles proposed by the Expert Committee, and on whether inclusion of principles would aid interpretation of the new Act.

  • View HTML
    • Send article to Kindle

      To send this article to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle.

      Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

      Find out more about the Kindle Personal Document Service.

      ‘Juridogenic’ harm: statutory principles for the new mental health tribunals
      Available formats
      ×
      Send article to Dropbox

      To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Dropbox.

      ‘Juridogenic’ harm: statutory principles for the new mental health tribunals
      Available formats
      ×
      Send article to Google Drive

      To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Google Drive.

      ‘Juridogenic’ harm: statutory principles for the new mental health tribunals
      Available formats
      ×
Copyright
This is an Open Access article, distributed under the terms of the Creative Commons Attribution (CC-BY) license (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
References
Hide All
Amador, X. E. & David, A. S. (1998) Insight and Psychosis. Oxford: Oxford University Press.
Applebaum, P. S. (1990) The parable of the forensic psychiatrist: ethics and the problem of doing harm. International Journal of Law and Psychiatry, 13, 249259.
Ashtal, B., Kelly, H. & Devaux, M. (1998) The Report of the Lukewarm Luke Mental Health Inquiry. Volumes I & II. London: Lambeth, Southwark and Lewisham Health Authority.
Blumenthal, S. & Wessely, S. (1994) The cost of Mental Health Review Tribunals. Psychiatric Bulletin, 18, 398400.
Calvert, G. J. (2000) Comments on An Bille Meabhar-Sláinte 1999 (Mental Health Bill 1999). Psychiatric Bulletin, 24, 278290.
Department of Health (1999a) Reform of the Mental Health Act 1983: Proposals for Consultation. Cm 4480. London: Department of Health.
Department of Health (1999b) Review of the Mental Health Act 1983: Report of the Expert Committee. London: Department of Health.
Dixon, K., Herbert, P., Marshall, S., et al (1999) The Dixon Team Report. London: Kensington, Chelsea and Westminster Health Authority.
Eastman, N. (1994) Mental health law: civil liberties and the principle of reciprocity. British Medical Journal, 308, 4345.
Gostin, L. & Fennell, P. (1992) Mental Health: Tribunal Procedure (2nd edn). London: Longman.
Gunn, J. (1999) Correspondence. Journal of Forensic Psychiatry, 10, 199.
Humphries, M. & Johnstone, E. C. (1993) Dangerous behaviour preceding first admissions for schizophrenia. British Journal of Psychiatry, 163, 547.
Jones, K. (1991) Law and mental health: sticks or carrots? In: 150 Years of British Psychiatry 1841–1999, (eds Berrios, G. E. & Freeman, H.), pp. 89102. London: Gaskell.
Jones, R. (1999) Mental Health Act Manual (6th edn). London: Sweet & Maxwell.
Kennedy, H. (1999) Community treatment: a civil solution? Psychiatric Bulletin, 23, 193194.
Peay, J. (1989) Tribunals on Trial. Oxford: Clarendon Press.
Richardson, G. & Machin, D. (2000) Doctors on tribunals. A confusion of roles. British Journal of Psychiatry, 176, 110115.
White, R., Carr, P. & Lowe, N. (1990) A Guide to the Children's Act 1989. London: Butterworths.
Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

BJPsych Bulletin
  • ISSN: 0955-6036
  • EISSN: 1472-1473
  • URL: /core/journals/bjpsych-bulletin
Please enter your name
Please enter a valid email address
Who would you like to send this to? *
×

Metrics

Full text views

Total number of HTML views: 2
Total number of PDF views: 9 *
Loading metrics...

Abstract views

Total abstract views: 57 *
Loading metrics...

* Views captured on Cambridge Core between 2nd January 2018 - 18th July 2018. This data will be updated every 24 hours.

‘Juridogenic’ harm: statutory principles for the new mental health tribunals

  • W. Obomanu (a1) and H. G. Kennedy (a2)
Submit a response

eLetters

No eLetters have been published for this article.

×

Reply to: Submit a response


Your details


Conflicting interests

Do you have any conflicting interests? *