One of the five overarching principles of the Mental Health Act: Code of Practice is to provide patients with care and treatment which is least restrictive whilst encouraging recovery and promoting independence. However, there is limited research which explores the application of these principles within a medium secure unit. The aims of the research were to explore what are patient’s experiences of least restrictive practices and to what extent do they perceive that least restrictive practices maximise their independence and recovery.. Please contact the library to request a copy of this article - http://bit.ly/1Xyazai
Genetic/biological evidence is increasingly introduced into courtrooms but findings regarding its impact are mixed. This study integrates research on psychopathy and the use of genetic evidence in legal contexts by considering how information on genetic causal accounts of psychopathy affect perceptions of culpability, recidivism, amenability to treatment, and sentencing severity In a U.S context. Perpetrator gender was examined as a moderator.. Please contact the library to request a copy of this article - http://bit.ly/1Xyazai
This document sets out the Secretary of State’s position on the discharge of restricted patients on conditions that involve a deprivation of liberty, following the decision of the Supreme Court in The Secretary of State for Justice v MM [2018] UKSC 60 which was handed down on 28 November 2018.
Open access. Night-time confinement, currently imposed as a blanket restriction on all patients on wards in UK high secure hospitals, constitutes an arbitrary restriction of liberty, not being based on any therapeutic purpose for those so restricted, nor serving a need for the protection of others. Its imposition constitutes a form of ‘degrading’ treatment as well as an unjustified restriction of ‘residual’ liberty. Persons who are vulnerable, especially those who are involuntarily detained as in this case, are particularly at risk of suffering human rights abuses. A compelling case can be made, based on ethics, law and accepted practice standards, for ruling out night-time confinement as an acceptable measure.
Open access. Night-time confinement is the practice of routinely locking patients in their rooms at night unless there is a contrary clinical indication. It is used in high-secure psychiatric hospitals. This article argues in favour of this practice on the basis of realistic medicine, an individual human rights based approach, the principles of mental health legislation in Scotland and England and cost effectiveness. This is not an academic debate. There is a real danger that those advocating against night-time confinement, if successful, will at best make little difference to the lives of our patients as they sleep, and at worst may hugely impoverish their lives because of reduced daytime activities.
Open access. Night-time confinement, locking patients in their bedrooms overnight, is practiced within high-secure hospitals in the UK. This article provides context, sets out the history and reviews the ethical and pragmatic issues at stake. Thought is given to the future, where we appear to be moving toward a different approach.
Kathryn Berzins considers the implications of a systematic review of the views and experiences of the Nearest Relative provision of the Mental Health Act.
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This paper takes a novel approach to the active bioethical debate over whether advance medical directives have moral authority in dementia cases. Many have assumed that advance directives would lack moral authority if dementia truly produced a complete discontinuity in personal identity, such that the predementia individual is a separate individual from the postdementia individual. I argue that even if dementia were to undermine personal identity, the continuity of the body and the predementia individual’s rights over that body can support the moral authority of advance directives. I propose that the predementia individual retains posthumous rights over her body that she acquired through historical embodiment in that body, and further argue that claims grounded in historical embodiment can sometimes override or exclude moral claims grounded in current embodiment. I close by considering how advance directives grounded in historical embodiment might be employed in practice and what they would and would not justify.. To read the full article, log in using your NHS OpenAthens details.
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Cross-sectional study on the association of decision-making capacity for treatment and research in inpatients with schizophrenia and related psychoses.
This Commons Library briefing provides an overview of the Mental Capacity (Amendment) Bill, and the debates and amendments made during the Bills Lords stages, ahead of its Second Reading in the Commons on 18 December 2018.
Examines the potential impact on protected groups of the Mental Capacity (Amendment) Bill, which seeks to replace current legislation with Liberty Protection Safeguards.
People detained under the Mental Health Act deserve to be treated with respect and dignity and to have their views properly taken into account, an independent review of the act commissioned by the prime minister has recommended. To read the full article, log in using your NHS OpenAthens details.
Comment. The UK Prime Minister, Theresa May, caused some surprise when she announced, in 2017, an Independent Review of the Mental Health Act for England and Wales (MHA review). Unlike the previous review, which led to the 2007 Act, this new initiative was not driven by concerns around public safety. Instead, the aims were to address the rapid rise in detentions, particularly among people from black ethnic groups; to achieve an improved alignment with recent developments in human rights; and to clarify the complex interface between the MHA and the Mental Capacity Act (2005), which provides an additional legal framework for making decisions on behalf of people who do not have the capacity to make decisions for themselves.. Please contact the library to request a copy of this article - http://bit.ly/1Xyazai