Abstract
There is growing concern with psychiatrists' knowledge of mental health law, in particular with the introduction of new legislation and more complex statutory arrangements for after care. Despite this, little systematic research has been undertaken in the UK. This study was designed to determine the knowledge of a sample of doctors in psychiatry in Scotland, of part of the Mental Health (Scotland) Act 1984 which provides for urgent involuntary admission to hospital. A one in three sample of all non-consultant grade psychiatrists throughout Scotland was interviewed on the aspects of the Act considered essential to lawful detention. Knowledge of even this restricted part of the Act was poor regardless of experience. Evidence emerged which suggested that at times civil liberties might be compromised or the right to treatment denied. The findings clearly point to the need for increased emphasis on training in mental health law.
Highlights
This study was designed to determine the knowledge of a sample of doctors in psychiatry in Scotland, of part of the Mental Health (Scotland) Act 1984 which provides for urgent involuntary admission to hospital
In contrast to the situation in England and Wales, where compul sory admission under the similar, not identical provision made by Sections 4 and 5 of the Mental Health Act 1983, is relatively un common, the emergency recommendation has become the most frequently used means of formal commitment to hospital in Scotland, with over 3000 episodes each year
A one in three random sample of all trainee and other non-consultant grade psychiatrists was selected region by region for the whole of Scotland. Each of these doctors was contacted and asked to participate in the study. Those who agreed were interviewed on the specific terms of the provision made in the Mental Health (Scotland) Act 1984 for emergency compulsory detention, using a de signed questionnaire (Humphreys, 1994)
Summary
There is growing concern with psychiatrists' knowledge of mental health law, in particular with the introduction of new legislation and more complex statutory arrangements for after care. In contrast to the situation in England and Wales, where compul sory admission under the similar, not identical provision made by Sections 4 and 5 of the Mental Health Act 1983, is relatively un common, the emergency recommendation has become the most frequently used means of formal commitment to hospital in Scotland, with over 3000 episodes each year These are not uncommonly initiated by the most inexperienced trainee psychiatrists, GPs or even doctors in medical, surgical or other specialities (Humphreys, 1992), often outside normal work ing hours and with less immediate access to the advice of a specialist senior colleague. Given this situation and the findings from an earlier more limited study (Humphreys, 1994), a national survey was undertaken to determine the knowledge of trainee and all other non-consultant grade psychiatrists work ing throughout Scotland of this relatively uncomplicated but important part of the current Act
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