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Mental Health Legislation: Case Study

689 Words3 Pages

This essay discusses how to apply the knowledge of mental health legislation to patient care professionally, through the case study of a patient John. The discussion revolves around the rights and liberties of mental health patient, who has been detained without their permission on the basis of mental illness. The essay also elaborates on the ethical implications of detaining someone under the mental health Act 1983 and the impact of further detention on the individual.

The Mental Health Act Section 136 specifies the role of the police with regarding to people suffering from extreme disorders of the mind. Under certain circumstances, specified under the law, police have the powers to take such a person into custody and transfer them from …show more content…

The detention would allow investigators to verify if the patients are having any mental health issues. Various procedures have to be followed for this including application to be made on behalf of the patient by his nearest relative or an accredited mental health professional; the professionals have to evaluate the patient within 14 hours of making this application; required evaluation by two separate doctors, one of who is a specialist; hospitalisation has to be done within 14 days of last medical check-up. The person cannot refuse treatment imposed under Section 136 excepting under specific cases such as use of electricity-based treatments. The maximum duration of Section 2 is 28 days but the patient can be released much before that; in fact law states that where there is no evidence of such mental issues, this order has to be revised immediately (Lancashirecare, …show more content…

Sometimes, just a brief observation may be insufficient to judge someone as being mentally unwell. Issues, which may warrant involuntary commitment, include psychotic and schizophrenic behaviour, suicidal tendencies and homicidal tendencies. The signs such as disorderly conduct, shouting obscenities can also be delivered when the person is under the influence of liquor or wine. Maybe the police have directly put John under Section 136, without ascertaining this (Borschmann, 2015).This is an excuse that any lawyer can exploit thus the law needs to be categorical on this

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