Mental Health Act 1983 : Introduction

The Mental Health Act 1983, updated in 2007, is a crucial piece of legislation in England and Wales that governs the assessment, treatment, and rights of individuals with mental health problems. As primary care clinicians, it is essential to understand the scope and implications of this Act, as it directly impacts the management of patients with mental health issues.

Key Aspects of the Act:

• The Act delineates the rights of patients regarding their assessment and treatment in hospitals and the community.
• It outlines the pathways for hospital admission, which can be either through civil or criminal routes.
• A significant proportion of inpatients in psychiatric wards are admitted without their consent as formal patients, often referred to as being 'sectioned' under the Act.

Sections and Rights:

• The Mental Health Act is divided into various sections, each detailing different rights and procedures for:
  • Involuntary hospital detention (sectioning)
  • Detention relating to the criminal justice system
  • Consent to treatment during detention
  • Discharge from hospital and care planning
  • Community treatment, including section 117 aftercare and Community Treatment Orders (CTOs)
• It also encompasses the rights of the patient's family, particularly concerning the role of the nearest relative.

Complementary Laws:

• Other vital legislations that intersect with mental...