The Mental Health Act 1983

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Aim and What it does??

Aim: Improve patients rights and protection of staff & detaining patients in hospital & improve patients rights 

What it does??

  • Helps protect mental people and the public
  • Social services can section them
  • Can decide who their main carer is
  • Have proper supervision
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Who makes the checks??

The Mental Health Managers Hearings

Is made of a group of the local community who make sure the mental health act is bsing used in a reasonable way. The group can hold hearings and release individuals who have been detained under sections 2 and 3.

Mental Health Review Tribuals

consists of a doctor, solicitor or a barrister and a person who has been appointed by the Lord Chancellor. Anyone who applies here has the right to be supported by a lawyer and recieve legal aid. 

The Mental Health Commission

Mainly Concerned with giving consent for treatment and tries to make sure that hospitals use the act properly. They also make sure that a second doctor is present to give their opinion when a person is held under compulsory section and refuses treatment. 

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Strengths of the Act

  • Protects people who lose the ability to make decisions for themselves
  • Prevents individuals from harming themselves and other 
  • After admitting an individual against their will careful procedures are taken to make sure their rights are safeguarded
  • Systems are in place to make sure accountability of those who are making decisions as checks are made by independent bodies
  • Treatment is never forced on the individual unless it is so severen that specialists need to make a decision 
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Weaknesses of the Act

  • The law states that everyone should make their own choices, somtimes long periods of time are taken before any action is taken
  • A complusory detention section order can cause a person to have a stigma 
  • The act doesnt take into account someoens Human Rights
  • Consideration is not given to the new forms of community care that is available
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