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Human Rights Act
The Human Rights Act was passed by Parliament in 1998 and brought the European convention for Human Rights directly into United Kingdom law. It is intended to protect individuals against the power of the State and other public authorities by ensuring their individual human rights are upheld.
Alliance policy on human rights...
Impaired decision-making
This concept is referred to in the Scottish Mental Health Act (2003) as one of the conditions which must be satisfied for compulsory powers to be used. It is a modified version of mental capacity (see above). Impaired decision making must be the result of a mental disorder and must be related to decisions about medical treatment, whereas mental capacity includes physical disabilities and covers a wider range of decisions.
Alliance policy on conditions for compulsion...
Learning disability
A learning disability affects the way someone learns, communicates or does some everyday things. A learning disability is present throughout a person’s life. There are many different types of learning disability - the disability can be mild, moderate or severe.
Alliance policy on exclusions...
Least restrictive alternative
The provision of care and treatment in a way which intrudes as little as possible into a person’s life, and which restricts as little as possible the rights of that person, whilst being compatible with ensuring the health or safety of the patient or other people.
Alliance policy on principles...
Mental Capacity Act 2005
The Mental Capacity Act 2005 provides a statutory framework for people who may not be able to make their own decisions, for example because of a learning disability, an illness such as dementia or brain injury or severe or incapacitating mental health problems. The law sets out who can make decisions for a patient, in which situations, and how they should go about this. The Act is due to be implemented in April 2007.
Download the Making Decisions Alliance position on the Mental Capacity Act and the MH Bill- 76KB
Mental disorder
When clinicians determine whether it is necessary to use compulsory powers under mental health law, they must first determine whether the person suffers from a mental disorder. The 1983 Act gives a broad generic definition of mental disorder and then four specific categories: mental illness, mental impairment, severe mental impairment and psychopathic disorder. The Mental Health Bill defines mental disorder as: "an impairment of or a disturbance in the functioning of the mind or brain resulting from any disability or disorder of the mind or brain", and does not specify categories of disorder.
Alliance policy the definition of mental disorder...
Mental Health Order
The Mental Health Bill allows a court to make a Mental Health Order for an offender diagnosed as mentally disordered without convicting the person, for treatment under the law. The order can state that the person must receive treatment in hospital or in the community.
MHRT (Mental Health Review Tribunal)
The Mental Health Review Tribunal is a legal body empowered under the 1983 Act to review whether or not a mental health patient should be detained. Under the Act patients and nearest relatives can apply to the MHRT for a hearing. A Tribunal is always presided over by a legal member and also includes a medical and lay member. The MHRT has the power to direct the discharge of a patient or decide that the patient should continue to be detained.
Alliance policy on tribunals...
Mental Health Tribunal (MHT)
The Mental Health Bill proposes to abolish the Mental Health Review Tribunal (see above) and replace it with a Mental Health Tribunal. As well as deciding whether or not a patient should continue to be detained, the tribunal will also provide authority for the use of formal powers for all cases beyond 28 days.
Alliance policy on tribunals...
MHAC (Mental Health Act Commission)
The Mental Health Act Commission was established in 1983. Its main function is to keep under review the operation of the Mental Health Act 1983. It consists of some 100 members (Commissioners) including laypersons, lawyers, doctors, nurses, social workers, psychologists and other specialists. Its main activities include visiting and interviewing detained patients and investigating complaints.
Alliance policy on nominated persons and carers...
Nearest relative
The ‘nearest relative’ is the person identified under the 1983 Act who is given a number of important rights and functions, including the right to order a patient’s discharge from hospital and to apply for detention in hospital. To identify a person’s nearest relative the Act provides a list of relatives and people who are ranked in order of priority. Under the Mental Health Bill, the "nearest relative" is replaced by a "nominated person" (see below).
Alliance policy on exclusions...
Nominated person
Under the Mental Health Bill the role of ‘nominated person’ replaces the ‘nearest relative’ (see above). The role of the nominated person is to be consulted at various stages while the patient is under compulsion. A nominated person is appointed by an Approved Mental health Professional (see above) and will normally be a person selected by the patient.
Alliance policy on nominated persons and carers...
NRO (non-resident order)
Under new proposals, patients fulfilling the conditions for care under the Mental Health Act can be treated in the community instead of in hospital, under "non-resident orders". The order could include a requirement for a patient to attend certain appointments, live at a specified place and/or refrain from specified conduct.
Alliance policy on non-resident orders...
Part III
The part of the Mental Health Act 1983 and the Mental Health Bill that deals with the criminal justice system. It deals with situations where people can be placed under compulsory powers as a result of a court order. It also covers situations where the Home Secretary can direct people to be transferred from prisons into hospital.
Alliance policy on criminal justice provisions...
Personality Disorder (PD)
A disputed classification which does not fit into any obvious diagnostic category.. The term is sometimes used to describe a person who has difficulty coping with life and whose behaviour persistently causes distress to themselves or others. Many people believe that there is no such thing as PD.
Place of safety
Under the 1983 Act (and proposed new legislation) the police have the power to remove a mentally disordered person to a ‘place of safety’. This can be a hospital, care home or police cell.
Principles
An explicit statement on the face of legislation, setting out the values which underpin the law and provide a reference point for people responsible for operating the law.
Alliance policy on principles...
Psychiatrist
A doctor who specialises in mental health problems and is trained to deal with the prevention, diagnosis and treatment of mental and emotional disorders.
Psychologist (Also known as a Clinical Psychologist)
A professional trained in different forms of psychological therapy and specific types of counselling.
Psychosurgery
The practice of performing surgery on the brain to treat or alleviate mental disorder.
Alliance policy on treatment safeguards...
Reciprocity
The principle that where the state imposes an obligation on an individual with a mental disorder to comply with compulsory treatment and care, it should also impose a parallel requirement on mental health services to provide appropriate services following discharge, such as free ongoing services.
Alliance policy on principles...
Restriction Order
The courts can issue Restriction Orders on a convicted mentally disordered offender who they believe should be sent to hospital for treatment and whom they feel is a serious risk to the public. The main restrictions are that the patient can only be given leave of absence or transferred to another hospital with the approval of the Home Secretary. He/she also can only be discharged by the Home Secretary or a Tribunal. A restriction order can also be made by the Home Secretary when transferring prisoners to hospital.
RMO (Responsible Medical Officer)
Every patient who is compulsorily admitted to hospital under the Mental Health Act 1983 is allocated a ‘responsible medical officer’ who is a doctor on the staff of the hospital who has responsibility for that particular patient.
Therapeutic benefit
The principle that any treatment and support provided to a mental health patient must be likely to bring about an improvement in the symptoms, or signs, of mental disorder, or reduce or prevent deterioration in the person’s mental health.
Alliance policy on conditions for compulsion...
Treatability test
The legal test under the 1983 Act for the detention of people suffering from psychopathic disorder or severe mental impairment under section 3. The Act requires that medical treatment must alleviate or prevent deterioration in their condition.
Alliance policy on compulsions...
Treatment plan
A written document which sets out the medical treatment that will be provided to a patient while they are in hospital.
Tribunal
See Mental Health Tribunal.