The following guidance is for PCTs, local authorities, hospitals and care homes to support them understand and fulfill their statutory obligations under the Mental Capacity Act Deprivation of Liberty Safeguards legislation.
Criminals held in secure mental health units are to be tracked with global positioning systems to stop them absconding and reoffending, under a trial by a London hospital trust.
The issue in this case is not uncommon. P is an adult who has an unresolved medical condition, in this case epilepsy. His primary carer, however well motivated, does not accept the diagnosis nor the treatment proposals. P may object to treatment (whether his own view or prompted by his carer). In order to determine what is in P's best interests, since he cannot decide for himself, it is necessary to observe him, and not to rely upon what is relayed about his condition by his carer. To that end, a period in hospital for assessment and treatment is necessary.
A high court judge in England has ordered that doctors can force a woman without the capacity to decide for herself to have lifesaving treatment for aplastic anaemia. Mrs Justice Hogg made the ruling in the Court of Protection after an unnamed NHS trust applied to the court with the backing of the Official Solicitor, who looks after the interests of those lacking capacity. The judge said the 30 year old woman, named only as SB, who is detained under the Mental Health Act, has a serious psychiatric disorder and lacks the capacity to decide for herself whether or not to have the potentially lifesaving treatment.
Increasing understanding of the brain and associated advances in technologies to study it will enable improved treatment of neurodegenerative diseases & mental illnesses. But these advances will also increase our insights into normal human behaviour and mental wellbeing, as well as giving the possibility of other enhancement, manipulation, and even degradation of brain function. These developments are likely to provide significant benefits for society, and they will also raise major social and ethical issues due to wide ranging applications. Brain research is likely to have implications for a diverse range of public policy areas such as health, education, law, & security. More broadly progress in neuroscience is going to raise questions about personality, identity, responsibility, & liberty. Brain Waves explores the potential & the limitations of neuroscience insights for policymaking, as well as the benefits and the risks posed by applications of neuroscience and neurotechnologies.
A patient in Broadmoor Hospital who has spent more than two decades alongside some of Britain's most dangerous criminals has won the right to have a review into his detention heard in public, The Independent has learned. The decision, which is thought to be a legal first, has major implications for the way Mental Health Tribunals function and will open the doors to one of the country's most secretive arbitration systems. The man, who cannot be named for legal reasons, has spent 23 years detained under the Mental Health Act, mostly at Broadmoor Hospital, the high-security facility in Berkshire that houses notorious offenders such as the serial killers Peter Sutcliffe and Robert Napper. He was committed in September 1986 after being convicted on two counts of attempted wounding. Doctors had classified the 52-year-old as having a mental illness and psychopathic disorder, but in September 2008 they changed the diagnosis to just a psychopathic disorder.
This is an application by a NHS Trust for declaratory relief in respect of a man (whom I shall call "Dr. A") who is on hunger strike in the Trust hospital. The relief sought by the Trust is in short a declaration : (i) that he lacks capacity to litigate and to make decisions in respect of his nutrition and hydration; and (ii) that it is lawful for the Trust to administer artificial nutrition and hydration.