Dreptul sănătății mintale
Evaluarea, detenția și tratamentul persoanelor cu tulburări mintale.
Introducere
Dreptul sănătății mintale reglementează evaluarea și tratamentul persoanelor cu tulburări mentale.
Principii fundamentale
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.
Statute cheie
Mental Health Act 1983
Mental Health Act 2007
Mental Capacity Act 2005
Cazuri de referință
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)
Scenarii comune
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.