nurse were to make disclosures to the local media this would not be within the terms of
the Act and no protection from victimisation would be granted.
- Over the two year period 1997±1999 covered by the latest Mental Health Commission
Biennial Report only 17 referrals for neurosurgery were made ± a figure which is
considerably lower than for any previous period.
- For example see theEighth Biennial Report 1997±1999,atpara. 6.22, The Stationery
Office, London.
- Per Lord Donaldson at p. 798.
- Mental Health Act Code of Practice, 1999, at para. 15.11, Department of Health,
London.
- Mental Health Act Manual, 6th edn, para. 15.12, Sweet & Maxwell, London. See also
Gunnet al.#1999) Decision making capacity,Medical Law Review,7,p.269, available
electronically at http://www.oup.co.uk/medlaw/.
- See note 11.
- Per Lord Donaldson inRe T[1992] at p. 796.
- See for exampleRe F %mental patient: sterilisation)[1990] 2 AC 1 andAiredale NHS Trust
v.Bland[1993] AC 789.
- These issues will be covered generally by Practice Directions ± for exampleOfficial
Solicitor's Practice Note[1996] 2 FLR 111 andPractice Note %persistent vegetative state:
withdrawal of treatment)[1996] 4 All ER 766.
- Fennell, P.W.H. #1990) Inscribing paternalisation in the law: consent to treatment and
mental disorder.Journal of Law and Society, 17 #29) 29.
- Fennell,ibidat page 43.
- See further Mental Health Act Code of Practice, para. 15.11 and the BMA #1995)Code of
Practice on Advance Statements about Medical Treatment,BMA, London.
36.Rv.Bournewood[1998] see note 15.
- Cm 3808, 1997 Lord Chancellor's Department, The Stationery Office, London.
- The Law Commission,Mental Incapacity,Report No 231 #Summary) London 1995.
39.Who Decides? Making decisions of behalf of mentally incapacitated adults,Cm3808, para
3.18. Lord Chancellor's Department, The Stationery Office, London.
- Law Commission Report No. 231 #Summary), #1995), at para 1.5.Mental Incapacity.
41.Making Decisions. The Government's proposals for making decisions on behalf of mentally
incapacitated adults.October 1999 Cm.4465. Lord Chancellor's Department, The Sta-
tionery Office, London.
42.Making Decisionsat Chapter 1 para 1.12. See also Rodgers, M.E. #2000) Making deci-
sions for the mentally incapacitated,Health Care Risk Report, 6 #3) 10.
- Introduction para 7.
- See Dimond, B. #1989)
The Right of the Nurse to Detain Informal Patients in Psy- chiatric Hospitals in England and Wales'.Medical Lawpp. 535±47. 45.The Mental Health %Nurses) Order 1998 %SI 1998 No 2625)defines who will be a nurse of prescribed class of anurse registered in any part of the register maintained under
section 7 of the Nurses, Midwives and Health Visitors Act 1997 which is mentioned in
paragraph #2)'. Paragraph 2 refers to nurses in Part 3 #first level nurses trained in the
nursing of persons suffering from mental illness), Part 4 #second level nurses trained in
the nursing of persons suffering from mental illness #England & Wales)), Part 5 #first
level nurses trained in the nursing of persons suffering from learning disabilities), Part
6 #second level nurses trained in the nursing of persons suffering from learning dis-
abilities #England & Wales)), Part 13 #nurses qualified following a course of prepara-
tion in mental health nursing) and finally Part 14 #nurses qualified following a course of
preparation in learning disabilities nursing).
- Mental Health Act Code of Practice, 1999, at para 9.1. Department of Health, London.
Mental Health Nursing 183
