The Mental health Act 1983 and 2007 in context with European Convention on Human Rights

Introduction

The basic purpose of mental health legislation is to make certain that some patients suffering from a mental disorder (as defined) are forced to accept admission to hospital and/or compulsory treatment without their consent. The Mental Health Act 2007 sets out the criteria and procedures to be followed to enable that to take place. The Act permits both 'civil' hospital admissions as well as criminal justice admissions from the courts or prison. The primary focus in the 2007 Act is on the presence of mental disorder and the risk posed by the patient to him/herself or others. The Act tries to create a balance between individual autonomy and society's right to deprive that individual of their liberty. Most provisions of the 2007 Act came into force in November 2008. It represents the culmination of a protracted and controversial reform process, which began in 1998. The Mental Health Act 2007 was the Government's third attempt to introduce significant legislative changes to the Mental Health Act 1983, following a decade of increasingly vociferous calls for the law to reflect more fully contemporary psychiatric practice.

Discussion

The Mental Health Act of 1983

The mental health act of (1983) is a legislative act passed by the British parliament which is applicable to the people in England and Wales. The Act covers the reception, treatment and care of people having mental health problems, it also deals with the management of their property and different other related financial and non-financial matters. In particular it has provided with the legislation in which people who are facing mental health issues can be detained and treated in the hospitals against their wishes. The use of this Act is regulated and reviewed by the care quality commission. In the year 2007, the act received significant amendments because it was had conflicts with the European convention on human rights.

Overall the Mental health Act is divided in following categories which are as under

The Application of the Mental Health Act

The compulsory to guardian ship and hospital

Patients concerned under sentence or in criminal proceedings

Approval to treatment

Review by the Mental Health tribunal

Return and removal of the patents within the United kingdom

The management and take care of property affairs of the patients

Other miscellaneous functions of the secretary of state and local authorities

Supplementary and miscellaneous

Offences

All of these ten parts are divided into “sections”; these sections are numbered throughout the Act. In total there are total 149 sections in the Act. The most significant amendment to the Mental Health Act of 1983 is made in the form of mental health act of 2007. The new Act has introduced the new definition of the mental health disorder, fundamental and radical changes to the role of professionals, new criteria for compulsion, and new improved procedures and guidelines for supervised community treatment. The Act of 2007 has not just modified the previous Act, but more over it has also introduced the new procedures into the mental health capacity Act of ...