Abstract

<p align="LEFT">The Mental Health Bill has been scrutinised by the Parliamentary Joint Committee on Human Rights (‘JCHR’). The JCHR decided to consider the Mental Health Bill because it raises “significant human rights issues”. This article takes a look at the details of the JCHR report.</p>

Highlights

  • The Mental Health Bill has seen the light of day.[2]

  • The Bill has been scrutinised by the Parliamentary Joint Committee on Human Rights (‘JCHR’).[8]

  • It might be added that MHA 1983 gives the managers a number of functions that can only be exercised or performed after a patient has been detained, at a time when, on the Government’s assumed analysis, responsibility has shifted to the Responsible Medical Officer (RMO)

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Summary

Introduction

The Mental Health Bill has seen the light of day.[2]. Because the Government has changed tack, it proposes, not to abolish the Mental Health Act 1983 (‘MHA 1983’), but to amend it. The Bill has been scrutinised by the Parliamentary Joint Committee on Human Rights (‘JCHR’).[8]. The JCHR decided to consider the Mental Health Bill because it raises “significant human rights issues”. The Committee sought further information from the Government and received evidence from groups such as the Mental Health Alliance and the Council on Tribunals.[9]. This is not, the first time the Government’s proposals have been subjected to Parliamentary scrutiny. The JCHR’s new report is critical of the Bill, which it says creates nine human rights compatibility issues and omits two means to enhance or promote human rights.[12]

An unsound mind
Replacing the treatability test
Renewal of detention
The nearest relative
Community treatment
Compulsory treatment
Forcible feeding
Bournewood
16 June 2005
10. Other issues
11. Conclusion
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