header-logo header-logo

Mental health law & the case for tribunals (Pt 2)

20 October 2017 / Keith Wilding
Issue: 7766 / Categories: Features , Mental health
printer mail-detail
nlj_7766_wilding

Where coercion meets care: Keith Wilding discusses the benefits of tribunal hearings in the mental health context

  • The nature of disability & the role of coercion.
  • The ‘subtle’ role of the mental health tribunals.

In May 2017 the Prime Minister made a speech in which she referred to a ‘flawed’ Mental Health Act 1983 which often results in detention, disproportionate effects, and forced treatment of vulnerable people. This appears to seriously underestimate the complexities involved in the operation of the Act, of the concept of disability, of the use of coercive care in the mental health field, and of the role of the law in these circumstances.

The case of Mr A

The case of Mr A illustrates the point. He is 25 years old, did well at school and went to university where his mental health deteriorated. He was unable to continue his studies and returned home to his family. Over a two-year period he worsened to the extent that he was not eating, was unable

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll