Cavamh > Directories > Mental Health Directory > Legal Matters > Mental Health Act 1983

Mental Health Act 1983

The principal legislation which governs the formal detention and care of mentally disordered people in hospital in England and Wales, is the Mental Health Act 1983.On 3rd November 2008, a number of changes were made to the 1983 Act by the Mental Health Act 2007: these are reflected in what follows.The 8 guiding principles of the 1983 Act are grouped under the following headings -empowerment, equity, effectiveness and efficiency. Further details can be found in the Mental Health Act 1983 Code of Practice for Wales.

Showing 14 results

Directory
Admisson to Hospital It is the intention of the Act that, wherever possible, people are admitted to hospital “informally”, i.e. without using the formal powers of the Act [Section 131]. In the event of a person being unwilling to go into hospital it may be possible to compulsorily detain them for assessment and/or treatment in the interests of […]
After Care [s.117] It is the joint responsibility of both the Health Service and the Local Authority to provide aftercare for discharged patients previously detained under a treatment [not assessment] order. The form and extent of this aftercare is not defined by the legislation, but should be based on the patient’s needs. The patient and/or their family cannot […]
Appointeeship Appointeeship is where a person acts on behalf of another to receive their benefits and use the money to pay household expenses such as bills, food and personal items. The Department for Work and Pensions acting on behalf of the Secretary of State can authorise someone else to act on a person’s behalf if the […]
Consent to treatment For patients detained under the Mental Health Act 1983, Part IV of the Act goes to some lengths to ensure that patients comprehend the nature of planned treatment programmes. Drug treatment for mental disorder may be given to a patient with or without the patient’s consent during the first three months of detention in hospital. […]
Court of Protection The Court of Protection is a specialist court to deal with decision-making for adults (and children in a few cases) who may lack capacity to make specific decisions for themselves. The new Court of Protection replaces the old court of the same name, which only dealt with decisions about the property and financial affairs of […]
Discharge from Hospital Informal patients may discharge themselves at any time. Patients detained under compulsory orders may be discharged when their ‘Section’ expires, or prior to this at the discretion of the Responsible Clinician. The patient’s nearest relative may apply to discharge a detained patient by giving 72 hours notice in writing to the Hospital Managers. This notice […]
Guardianship The purpose of guardianship is to enable patients to receive community care within an authoritative framework. That framework should provide a minimum of constraint to allow the patient to achieve as independent a life as possible within the community, and lessen the risk of hospital re-admission. As such, with the exception of the power to […]
Healthcare Inspectorate Wales Healthcare Inspectorate Wales is independent of the Hospital. It is a special Health Authority that carries out functions on behalf of the Secretary of State and the National Assembly for Wales. The Inspectorate performs functions of a public nature and is therefore a “public authority” for the purposes of the Human Rights Act 1998. The […]
Lasting Power of Attorney Only adults aged 18 or over can make an LPA, and they can only makean LPA if they have the capacity to do so. 1. Personal welfare LPAsLPAs can be used to appoint attorneys to make decisions about personal welfare, which can include healthcare and medical treatment decisions. The standard form for personal welfare LPAs […]
Mental Health Act 1983 Code of Practice for Wales From 3rd November 2008, there was a new Code of Practice for Wales. This provides guidance to those people who operate the Mental Health Act and should be followed unless there are good reasons not to do so. The Code can be viewed on hospital wards, Mental Health Teams have copies and it can also […]
Mental Health Review Tribunals The Mental Health Review Tribunal is a part of the Court system and is responsible for hearing patient appeals against detention. Tribunal panel members consist of a legal member, a medical member, and a lay member. All have experience considered suitable by the Lord Chancellor. Patients detained under Section 2, 3, 7 [Guardianship] and 17 […]
Power of Attorney Sometimes one person will want to give another person authority to make a decision on their behalf. A power of attorney is a legal document that allows them to do so. Under a power of attorney, the chosen person (the attorney or donee) can make decisions that are as valid as one made by the […]
The Language used in the Mental Health Act The term “mental disorder” which is used throughout the Act means “any disorder or disability of the mind”. An “Approved Mental Health Professional” is a professional who has undertaken training and acts on behalf of the local authority, for the purposes of the Mental Health Act. A “Responsible Clinician” is a professional who has undertaken […]
The Patient in hospital In principle, the informal psychiatric patient is in a similar legal position to the patient in a general hospital. However, in an emergency, if it becomes necessary to undertake a Mental Health Act assessment on an informal inpatient, the Act allows for a doctor to hold the patient for a period of up to 72 […]

Showing 14 results

Directory
A
Admisson to Hospital It is the intention of the Act that, wherever possible, people are admitted to hospital “informally”, i.e. without using the formal powers of the Act [Section 131]. In the event of a person being unwilling to go into hospital it may be possible to compulsorily detain them for assessment and/or treatment in the interests of […]
After Care [s.117] It is the joint responsibility of both the Health Service and the Local Authority to provide aftercare for discharged patients previously detained under a treatment [not assessment] order. The form and extent of this aftercare is not defined by the legislation, but should be based on the patient’s needs. The patient and/or their family cannot […]
Appointeeship Appointeeship is where a person acts on behalf of another to receive their benefits and use the money to pay household expenses such as bills, food and personal items. The Department for Work and Pensions acting on behalf of the Secretary of State can authorise someone else to act on a person’s behalf if the […]
C
Consent to treatment For patients detained under the Mental Health Act 1983, Part IV of the Act goes to some lengths to ensure that patients comprehend the nature of planned treatment programmes. Drug treatment for mental disorder may be given to a patient with or without the patient’s consent during the first three months of detention in hospital. […]
Court of Protection The Court of Protection is a specialist court to deal with decision-making for adults (and children in a few cases) who may lack capacity to make specific decisions for themselves. The new Court of Protection replaces the old court of the same name, which only dealt with decisions about the property and financial affairs of […]
D
Discharge from Hospital Informal patients may discharge themselves at any time. Patients detained under compulsory orders may be discharged when their ‘Section’ expires, or prior to this at the discretion of the Responsible Clinician. The patient’s nearest relative may apply to discharge a detained patient by giving 72 hours notice in writing to the Hospital Managers. This notice […]
G
Guardianship The purpose of guardianship is to enable patients to receive community care within an authoritative framework. That framework should provide a minimum of constraint to allow the patient to achieve as independent a life as possible within the community, and lessen the risk of hospital re-admission. As such, with the exception of the power to […]
H
Healthcare Inspectorate Wales Healthcare Inspectorate Wales is independent of the Hospital. It is a special Health Authority that carries out functions on behalf of the Secretary of State and the National Assembly for Wales. The Inspectorate performs functions of a public nature and is therefore a “public authority” for the purposes of the Human Rights Act 1998. The […]
L
Lasting Power of Attorney Only adults aged 18 or over can make an LPA, and they can only makean LPA if they have the capacity to do so. 1. Personal welfare LPAsLPAs can be used to appoint attorneys to make decisions about personal welfare, which can include healthcare and medical treatment decisions. The standard form for personal welfare LPAs […]
M
Mental Health Act 1983 Code of Practice for Wales From 3rd November 2008, there was a new Code of Practice for Wales. This provides guidance to those people who operate the Mental Health Act and should be followed unless there are good reasons not to do so. The Code can be viewed on hospital wards, Mental Health Teams have copies and it can also […]
Mental Health Review Tribunals The Mental Health Review Tribunal is a part of the Court system and is responsible for hearing patient appeals against detention. Tribunal panel members consist of a legal member, a medical member, and a lay member. All have experience considered suitable by the Lord Chancellor. Patients detained under Section 2, 3, 7 [Guardianship] and 17 […]
P
Power of Attorney Sometimes one person will want to give another person authority to make a decision on their behalf. A power of attorney is a legal document that allows them to do so. Under a power of attorney, the chosen person (the attorney or donee) can make decisions that are as valid as one made by the […]
T
The Language used in the Mental Health Act The term “mental disorder” which is used throughout the Act means “any disorder or disability of the mind”. An “Approved Mental Health Professional” is a professional who has undertaken training and acts on behalf of the local authority, for the purposes of the Mental Health Act. A “Responsible Clinician” is a professional who has undertaken […]
The Patient in hospital In principle, the informal psychiatric patient is in a similar legal position to the patient in a general hospital. However, in an emergency, if it becomes necessary to undertake a Mental Health Act assessment on an informal inpatient, the Act allows for a doctor to hold the patient for a period of up to 72 […]

Mental Health Act 1983

Admisson to Hospital

After Care [s.117]

Appointeeship

Consent to treatment

Court of Protection

Discharge from Hospital

Guardianship

Healthcare Inspectorate Wales

Lasting Power of Attorney