Statement 1

• Mental illness definition

  A state of mind which affects a person's thinking, perceiving, emotion or judgement to an extent that he/she requires care or medical treatment in his/her own interests or the interests of other persons
• What the Order does

  • Clearly defines mental health disorders, thus protecting some service users from detention
  • Identifies named professionals who have to be specifically trained to safeguard service user's rights in the detention process
  • Identifies that named professionals/relatives could be involved in the sectioning process
  • Identifies the concept of nearest relative to protect the patient's interests
  • Set up the Mental Health Commission to check that the procedures followed were fair to the patient
  • Details the rights of people who have a mental disorder and the procedure that must be followed in order to provide them with appropriate care this safeguarding the client
  • Introduced admission and treatment without compulsion as a key principle, giving patients the right to admit themselves for treatment by choice - this empowered clients and encouraged voluntary admission for assessment and treatment
  • Sets out clear grounds and time periods for compulsory admission so that patients can't be unnecessarily detained. Grounds for compulsory admission to hospital are clarified thus ensuring only those clients who et specific criteria can be detained/sectioned therefore protecting clients
  • Allows clients to be detained for assessment for 72 hours and detained for up to 28 days at the second stage and 6 months at the final stage
  • Sets out conditions for appeal
  • Provides service users with the right to a tribunal - the Order established mental health review tribunals to ensure those who challenge detention can have their argument heard
  • Makes provision for guardian ad litem (to act on behalf of another who doesn't have the capacity to do so), which should mean better protection for service users
  • Authorises the appointment of a financial officer to oversee service users' finances to ensure prevention of exploitation
  • Introduced guardianship to help clients move into the community
  • Introduced Approved Social Workers to support the rights of people with mental illnesses and their relatives
• Detention definition

  When a patient with a mental disorder who is a risk to themselves or others, is admitted against their own will to a psychiatric unit for compulsory assessment and/ or treatment
• Conditions of detention

  • Individuals can only be detained if the strict criteria laid down in the order are met - the person must be suffering from a mental disorder as defined in the legislation
  • An application for assessment of treatment must be supported in writing by two registered medical practitioners - the recommendation must include a statement about why an assessment and/or treatment is necessary, and why other methods of dealing with the patient are unsuitable
  • Most people who receive treatment for mental health conditions are there on a voluntary basis. However, a small amount of patients may need to be compulsorily detained. The Order clearly lays out who is involved in the decision about complusory detainment
• Approved Social Workers

  Specially trained in both mental health and the law around it. They are appointed by local trusts to interview and assess people. They can make an application for admission where they consider that detention is the most suitible way of giving care and treatment
• Nearest relative

  • Husbands, wives, or civil partners; who's lived with the patients for atleast 6 months, daughter/son, a parent, a sibling, a grandparent, and aunt/uncle, niece or uncle
• Rights of the nearest relative

  • Make an application for compulsory assessment or treatment of the patient, or get the patient's social services in their local trust to ask an approved social worker to consider the patient's case
  • Be told if an approved social worker applies for the patient to be detained for compulsory assessment
  • Be consulted about, and object to, a social worker applying for the patient to be detained for compulsoruy treatment
  • Discharge the patient
  • Apply to a Mental Health Review Tribunal on behalf of the patient in certain situations
  • Recieve written information about the patient's detention, rights and discharge unless the patient objects
• Others involved

  • GP
  • Psychiatrist
  • Hospital doctor
  • Hospital nurse
  • PSNI, ambulance personnel, psychiatric/mental heath nurse