Article ; Online: Uninformed Reform: The Attempt to Abolish the Hospital Managers' Section 23 Discharge Power Under the Mental Health Act 1983.
2018 Volume 27, Issue 1, Page(s) 79–107
Abstract: Under section 23 of the Mental Health Act 1983 a person can be discharged by the managers of the hospital from compulsory care. The limited evidence indicates that the section 23 power is normally delegated to a specially appointed panel who hold a ... ...
Abstract | Under section 23 of the Mental Health Act 1983 a person can be discharged by the managers of the hospital from compulsory care. The limited evidence indicates that the section 23 power is normally delegated to a specially appointed panel who hold a hearing. Unfortunately, notwithstanding the implications for the liberty, autonomy, and dignity of the compelled person, very little is known about how this process operates. Nonetheless, since 1996 there has been a sustained effort to abolish the power. In view of this, the proposal to reform the 1983 Act contained in the Queen's Speech January 2017, and the subsequent establishment of the Independent Review of the Mental Health Act in October 2017, I critique the claims made in the abolition debate, and establish the conceptual gaps therein. I argue that a much more developed understanding of the power is required before any change is made to the law in this area. |
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MeSH term(s) | Health Care Reform/history ; Health Care Reform/legislation & jurisprudence ; Health Facility Administrators/legislation & jurisprudence ; History, 20th Century ; History, 21st Century ; Humans ; Mental Health Services ; Patient Discharge/legislation & jurisprudence ; United Kingdom |
Language | English |
Publishing date | 2018-04-24 |
Publishing country | England |
Document type | Historical Article ; Journal Article |
ZDB-ID | 1197078-9 |
ISSN | 1464-3790 ; 0967-0742 |
ISSN (online) | 1464-3790 |
ISSN | 0967-0742 |
DOI | 10.1093/medlaw/fwy008 |
Database | MEDical Literature Analysis and Retrieval System OnLINE |
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