Perry, Benjamin Ian, Singh, Swaran P. and White, David H. (2017) Capacity assessment and information provision for voluntary psychiatric patients : a service evaluation in a UK NHS Trust. International Journal of Mental Health and Capacity Law, 2016 (22). pp. 108-118. doi:10.19164/ijmhcl.v2016i22.575 ISSN 2056-3922.
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Abstract
Since the Cheshire West judgement, yearly applications for the Mental Health Act (MHA) and Deprivation of Liberty Safeguards (DoLS) have increased, though many patients are still admitted informally. To ensure lawfulness, informal admissions must be capacitous, informed, and without coercion. If fully capacitous consent is not obtained, then there is a risk of “de facto” detention and deprivation of liberty. Deprivation of liberty is only lawful through appropriate legal frameworks (DoLS for incapacitous, non-objecting hospital inpatients, or MHA otherwise). Use of such legal frameworks might be hampered by the perceived stigma associated with them, though this may not be in the best interests of the patient.
We aimed to examine the assessment of capacity and provision of adequate information required for an informed voluntary psychiatric admission, and any evidence of possible coercion into informal admission. We postulate variable use of legal frameworks designed to empower patients and prevent illegal deprivation of liberty.
| Item Type: | Journal Article |
|---|---|
| Subjects: | K Law [LC] > KD England and Wales R Medicine > RC Internal medicine |
| Divisions: | Faculty of Science, Engineering and Medicine > Medicine > Warwick Medical School > Health Sciences > Mental Health and Wellbeing Faculty of Science, Engineering and Medicine > Medicine > Warwick Medical School |
| Library of Congress Subject Headings (LCSH): | Psychiatric hospitals -- Admission and discharge -- Great Britain, Psychiatric hospital patients -- Law and legislation -- Great Britain |
| Journal or Publication Title: | International Journal of Mental Health and Capacity Law |
| Publisher: | Northumbria University Library |
| ISSN: | 2056-3922 |
| Official Date: | 2017 |
| Dates: | Date Event 2017 UNSPECIFIED |
| Volume: | 2016 |
| Number: | 22 |
| Page Range: | pp. 108-118 |
| DOI: | 10.19164/ijmhcl.v2016i22.575 |
| Status: | Peer Reviewed |
| Publication Status: | Published |
| Access rights to Published version: | Open Access (Creative Commons open licence) |
| Date of first compliant deposit: | 15 June 2017 |
| Date of first compliant Open Access: | 19 June 2017 |
| URI: | https://wrap.warwick.ac.uk/89161/ |
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