Mental Health Act reform proposals | Letters

Christina Blacklaws of the Law Society, Nick Gould and Ian Baguley on legal safeguards for sectioned mental health patients in England and Wales

In his letter (26 January), Professor Tom Burns challenges the information we gave the Guardian (Lawyers seek end to forced treatment of psychiatric inpatients, 24 January). We’re grateful to him for his points and want to clarify that only patients detained by order of the magistrates or crown courts under the Mental Health Act will have to wait six months before appealing to a tribunal. The point we make in our evidence to the independent review is that once a person is detained for treatment under section 3 of the act, the order detaining him or her lasts up to six months – though it can be lifted by the hospital or the tribunal and, in some cases, the “nearest relative”. It is unusual for a patient to stay in hospital for six months: that’s why we believe that period is too long – it is demoralising and distressing, and doesn’t reflect reality in the vast majority of cases. Therefore in our evidence we suggest that an initial limit of three months is considered.

Second, in relation to the point on community treatment orders, health professionals in London boroughs have reported to some of our members that payments are offered to patients for attending appointments where depot injections – a slow-release form of medication – may be administered, rather than for taking the medicine itself. This is reflected in our response, where we say we understand “that London hospitals go so far as to offer financial rewards to patients who attend appointments for depot injections”.
Christina Blacklaws
Vice-president, Law Society of England and Wales 

Continue reading... January 28, 2018 at 11:34PM