Mental Health Bill briefing
Glossary
Community treatment orders
Also known as supervised treatment orders, these would compel someone to receive treatment when in the community. The government has said they are intended to stop people from becoming frequently admitted 'revolving door' patients and that they will only be able to apply to people who have previously been detained in hospital.
Compulsion
Also known as detention, compulsory admission, or a section, when someone is admitted to and detained in a hospital because of mental illness under the current Mental Health Act.
Dangerous and severe personality disorder
Otherwise known as DSPD, dangerous and severe personality disorder has not been clearly defined but is thought to be a severe version of anti-social personality disorder, the term now used for what was once called psychopathology. Current mental health legislation still refers to psychopathology as a type of mental disorder.
Treatability clause
This exists in current mental health legislation, meaning that only people with a disorder that can be treated could be treated in a mental health setting. This prevented services from working with people diagnosed as having a personality disorder, as these are not treatable.
Tribunal
Any patient who feels they have been detained wrongly under mental health legislation can appeal to a tribunal, which determines whether they have been held under justifiable grounds. Currently, patients have the right to appeal after 14 days and get one automatically after six months. Plans to grant a tribunal to anyone detained for 28 days were put on hold.
Mental disorder
Otherwise known as mental illness, this applies to one or more functions of the mind being disordered, leading to the person or others suffering as a result. The new legislation will tighten up the definition of mental disorder and remove four existing categories of disorder. It has been stressed that the new metal health legislation will not allow misuse of drugs or alcohol or learning difficulties to be classified in this way.
Personality disorder
A disorder, rather than a condition, personality disorders are not mental illnesses and under current psychiatric definitions are not amenable to treatment. However, treatments and services to help people cope better with the disorders are available.
Useful documents
Modernising Mental Health Services, Department of Health, 1998
Review of the Mental Health Act 1983, Professor Genevra Richardson et al, 1999
http://www.dh.gov.uk/assetRoot/04/06/26/14/04062614.pdf
(First) draft Mental Health Bill, Department of Health, 2002
http://www.dh.gov.uk/assetRoot/04/07/47/22/04074722.pdf
Draft Mental Health Bill, Department of Health, 2004
http://www.dh.gov.uk/assetRoot/04/08/89/14/04088914.pdf
Improving Mental Health Law: towards a new Mental Health Act, Department of Health, 2004
www.dh.gov.uk/assetRoot/04/08/89/17/04088917.pdf
Report by the Commons pre-legislative scrutiny committee, 2005
http://www.publications.parliament.uk/pa/jt200405/jtselect/jtment/79/79.pdf
Government response to the joint committee report on the draft Mental Health Bill, Department of Health, 2005
http://www.dh.gov.uk/assetRoot/04/11/52/68/04115268.pdf
The Mental Health Bill: Plans to amend the Mental Health Act 1983 - Briefing sheets on key policy areas where changes are proposed, Department of Health, 2006
Supervised community treatment
http://www.dh.gov.uk/assetRoot/04/13/42/31/04134231.pdf
Professional roles
http://www.dh.gov.uk/assetRoot/04/13/42/34/04134234.pdf
Nearest relative
http://www.dh.gov.uk/assetRoot/04/13/42/30/04134230.pdf
Definition of mental disorder
http://www.dh.gov.uk/assetRoot/04/13/42/32/04134232.pdf
Criteria for detention
http://www.dh.gov.uk/assetRoot/04/13/42/33/04134233.pdf
Race equality impact assessment on plans to amend the Mental Health Act, Department of Health, 2006
Summary of proposed amendments
http://www.dh.gov.uk/assetRoot/04/13/47/92/04134792.pdf
Useful websites
www.dh.gov.uk/PolicyAndGuidance/HealthAndSocialCareTopics/MentalHealth/fs/en