Diplomatic immunity and the Mental Health Act 1983

David Pariente

doi:10.1192/pb.15.4.207

Abstract

The UK, in common with all other countries party to the Vienna Convention on Diplomatic Relations, affords foreign diplomats a special status in law. Under the Diplomatic Privileges Act (1964) (DPA), accredited diplomats are accorded inviolability and cannot be detained compulsorily under any Act of Parliament, including the Mental Health Act 1983 (MHA).

Highlights

Mental Health Act 1983 (MHA) refer to the compulsory admission of Members of Parliament
The Legal Department of the Foreign and Commonwealth Office were in the singular position of being able to give immediate and precise instructions on the procedure required by law
In brief: The inviolability afforded by the DPA can only be lifted by tshtaenScteastetwhehiSchtatthee'sdicpolnosmeantt rmepursetsebnetso; bintanionremd alfrcoimrcutmhe appropriate Head of Mission, usually an Ambassador, with whose agreement the provisions of the MHA can be exercised

Summary

Case Report

A senior diplomat of a foreign mission in London was giving cause for concern and, under pressure from his family, saw a psychiatrist privately but refused help on the grounds of objection to private treatment. In this case the issue of confidentiality did not arise as the Diplomatic Protection Group, the Foreign and Common wealth Office and the Head of Mission had, already been made aware of the situation before our involve ment. The problem can be surmounted by disclosing only the criteria of the MHA which are applicable to the Foreign and Commonwealth Office, who will act as inter mediaries with the Head of Mission This still implies the disclosure of sensitive infor mation to third parties, one of whom is in the position of being the employer. In practice, the likelihood is that this information is already in their hands through other sources, e.g. The Diplomatic Protection Group

Audit in practice

Introducing medical audit