Academic Opinion Flashcards
P Bartlett ‘The Test of Compulsion in MH law’
Removal of treatability as a form of social control
MHA shows moral panic rather than intellectual coherent case for its merits
Capacity cannot provide for detainment
Properly drafted dangerousness best way
B Ranjit ‘Can use of MHA be ‘lest restrictive’’
For capacious P who wants to leave, clinician must be sure that consent is informed and right to leave not optimal to avoid unlawful detention
G Richardson ‘Balancing Autonomy and Risk’
MHA and MCA are designed to operate in parallel
Should be possible to restrict scope of MHA in a way as to place the majority of decisions relating to those w MD within MC rather than MH
MH could be restricted to those presenting risk - extend MC law and non-discrimination respect for P autonomy
N Glover-Thomas ‘The age of risk’
2007 act solidifies the dominance of risk
Attitude change demonstrated by the gradual and almost insidious adoption of risk terminology within practical decision making
No real definition of this terminology
Clear scope for professional judgement
Could be adv for P but threat to Ps right
J Rapport + J Manthorpe ‘Relative and Social Worker’
The lay and professional roles remain in flux but they are still interdependent
P Walton ‘Reform of MHA 1983: ASW’
Strength is the attention is allows to be paid to the social context of MH crisis
There is a need for more MH trained social workers in general but is commonly held that expensive, high quality ASWs has endured difficult times
T Spencer-Lane ‘The NR and Nominated Person’
Few would doubt that the NR provides an important legal safeguard for the rights of AMHPs
Rules for establishing identity of NR are by common consent deeply flawed
s.26(1) allows hierarchy described as a lottery
V Yeates ‘Death of NR?’
MH legis should achieve a balance between respect for P autonomy and care for them to bring the most approp outcome
Preserving rights of NR rights is important ingredient
J Phull + P Bartlett ‘Approp medical tx - what is in a word?’
Def appears largely circular and thus little assistance
Does appear to relate to P
Early signs indicate broad approach to substantive reqs
More detail needed in application
Montcrieff + Crawford
Reveal that within psychiatry tension exists between the dominant biomedical model and competing models derives from psychoanalysis
Dawson + Szmukler
Keen on fusion between MCA and MHA and argue that to have legislation governing both physical and mental illness based on capacity would reduce discrimination
Geneva Richardson
MHA and MCA are designed for V different jobs
MHA concerned w reducing risks which flow from people w MD
MCA assists those lacking capacity
Eastman + Dhar
Acceptance that capacity is not binary - could result in differing degrees of respect for autonomy
Bill Earl Howe
Appropriate as I am afraid I have said before is classic weasel word
It is so vague to be capable of almost any interpretation
Michael Cabadino
Legitimate use of MHA to restrict freedom in short term to promise freedom long term
