Mental Health Act 1983 - a brief summary.

 

The MHA 1983 had its beginnings as the "Madhouses Act 1774." The Madhouses Act stated that any place holding lunatics need to be licensed if not they can be fined. It was replaced by the Madhouses Act 1828, Madhouses Act 1832 and then the Lunacy Act 1845.

 The Lunacy Act 1845 and County Asylums Act 1845 together gave hospitals or "asylums" authority to detain certain lunatics. This was then repealed by the Lunacy Act of 1890. 

 The Mental Deficiency Act of 1913 increased the lunacy admissions powers.

 The Lunacy Act 1890 was repealed by the Mental Health Act 1959 after WW11.

 By the 1970's more clarification was needed legally so the Mental Health Act 1983 formally approved:

1. Application.
2. Compulsory admission to the hospital and guardianship.
3. Patients concerned in criminal proceedings or under sentence.
4. Consent to treatment.
5. Mental health review tribunal.
6. Removal and return of patients within the U.K.
7. Management of property and affairs of patients.
8. Miscellaneous functions of local authorities and the secretary of state.
9. Offences.
10. Miscellaneous and supplementary.

Mental health disorders were classified as:

1. Schizophrenia.
2. Anorexia.
3. Nervosa.
4. Major depression.
5. Bipolar disorder (and similar.)
6. Learning disabilities.
7. Personality disorders.

• Applying for the act, those who are noted as qualified to do so. (Section 1)
• Assessment Order. (Section 2) 
• Treatment Order. (Section 3) 6 monthly.
• Leave and Discharge. (Section 4) 
• Emergency Orders. (Section 4) 72 hours.
• Holding Powers. (Section 5) 72 hours.
• Holding Powers - also a clause for nurses that lasts for 6 hours.
• CQC demand no lapsing patients that correlate to 72-hour holding powers. (Section 5.)
• Magistrates and Police Officers orders. (Section 5.)(The right for officers to enter property)
• Pre-trial orders. (Section 35 & 36.)
• Post-trial orders. (Section 37) (Courts can over-rule using their discretion against medical advice. 
• Interim Order. (Section 38)
• Transfer Orders. (Section 47 & 48) (Transference to hospital for treatment- Home office approves these applications.)
• Guardianship. (Sectio 47)(Allows someone to reside at an address and attend regularly for medical treatment, which is not compulsory)

Seni's law 2018, was an amendment to prevent too much force and demand that there is adequate police officer training as an alternative to forced restraints, and those police officers must wear body cameras.