(U.K.) Proposed Mental Health Bill may breach human rights, says Law Society

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Fri, 12 Nov 2004 19:45:33 -0500

[sSRI-Research] Proposed Mental Health Bill may breach human

rights, says Law Society

 

[-- MAY breach human rights???? Definitely!!!]

 

 

Proposed Mental Health Bill may breach human rights, says Law Society

 

http://bmj.bmjjournals.com/cgi/content/full/329/7475/1128-b

 

BMJ Clare Dyer

 

legal correspondent

 

Proposals in the draft Mental Health Bill to forcibly treat people

with mental health problems in the community could breach patients'

human rights, the Law Society warned last week.

 

The warning came as the society, representing solicitors in England

and Wales, gave evidence to the parliamentary committee scrutinising

the draft bill.

 

The bill would allow compulsory treatment to be imposed on patients

living in the community as well as those in hospital.

 

Mental health staff could also impose conditions banning patients from

engaging in " specified conduct, " such as going to a pub or socialising

with certain people. Breaches could lead to their detention in hospital.

Russell Wallman, the society's strategic policy director, said: " The

introduction of community mental health orders will create the

equivalent of psychiatric antisocial behaviour orders to be imposed on

people with mental health problems. "

 

He said the society believed the provision of well resourced community

services would reduce the need for compulsion against people with

mental health problems and that community treatment orders would be

" unworkable and impractical. "

 

Mr Wallman added: " We are concerned that people with mental health

problems will be stigmatised as being a danger to the community when

what they need is proper care rather than being made into criminals. "

 

The society's comments echo those from the Royal College of

Psychiatrists, which described the draft bill's proposals in written

evidence to the committee as " extremely complex, confusing and, some

would say, incomprehensible. "

 

It said the college believed the bill as drafted was " unworkable " and

the impact of the proposals overall would " damage safety for both the

patient and society. "

 

The college added: " It is essential that prospective patients are not

deterred from seeking help. Indeed, because suicide and other risks

are largely assessed from information given by the patient, it is

necessary for the person to feel able to talk freely.

 

" Fear that being open will lead to loss of liberty does not aid this

process. Hence if mental health law is seen to be overly coercive it

will lead to patient avoidance of mental health services and,

paradoxically, an increase in risk both to the individual and the public. "

 

The proposed legislation was " extremely unlikely to have any impact on

suicide or homicide rates, " it said.

" The Government has rightly stated, in our view, that it has no

intention of increasing the number of people subject to compulsion, "

said the college. " But the proposals in the Bill (the combination of a

very broad definition of mental disorder combined with wide conditions

for compulsion and the absence of exclusions) will lead to a marked

increase in compulsory orders. "

 

 

© 2004 BMJ Publishing Group Ltd