The powers and duties of psychiatric nurses under the Mental Health Act 1983: a review of the statutory provisions in England and Wales

Abstract

This paper examines the powers and duties that psychiatric nurses have under the Mental Health Act 1983 with respect to the care and treatment of mentally disordered people. This statute saw for the first time specific reference to the powers and duties of psychiatric nurses. These powers and duties are primarily concerned with the nurse's role in relation to consent to treatment, the administration of medication, the right to be consulted and to ensuring that detained patients are informed of their rights under the 1983 Act. The 1983 Act also provides and extends the powers of psychiatric nurses to detain certain inpatients with mental disorder against their will. In order to avoid the potential charges of 'treatment without consent' and 'unlawful detention', it is vital that psychiatric nurses, when caring for this client group, have a sound working knowledge of their powers and duties under current legislation. The legal definitions of mental disorder are explored as well as the issue of 'treatability' for mental disorder in clinical practice.