Nursing Law and Ethics

London and Bartlett, P. & Sandland, R. #2000)Mental Health Law Policy and Practice,

Blackstone Press, London.

2. Reforming The Mental Health Act, December 2000, Cm 5016, The Stationery Office,
   London.


3. Mental Health Act Commission #1993)Fifth Biennial Report 1991±1993,atpara. 7.15.
   The Stationery Office, London.


4. SeeRv.South Western Hospital Managers, e xparte M[1994] 1 All ER 161.


5. The definition of a patient's nearest relative can be found in section 26 MHA.


6. Note the MHA requires each local authority to appoint sufficient approved social
   workers and also that the Mental Health Act Code of Practice, Department of Health,
   London, March 1999 suggests at para. 2.35. that an approved social worker should be
   the preferred applicant.


7. Mental Health Act Commission #1991)Fourth Biennial Report 1989±1991,atpara. 6.18.
   The Stationery Office, London. A Guidance Note #No. 3) was subsequently issued by
   the Commission in August 1997.


8. See further the discussion by Jones, R.M. #1999)Mental Health Act Manual,6th edn, p.
   21, Sweet & Maxwell, London, on the ability to use section 2 where a patient is already
   well-known to the health care professionals and approved social workers.


9. Mental Health Act Commission,Fifth Biennial Report1991±1993, at para 7.0 and see
   the Mental Health Act Code of Practice, 1999, at para. 16.5
   10.Bv.Croydon Health Authority[1995] 2 WLR 294, per Lord Justice Hoffman, at p. 298.


10. For example,Re S[1994] 4 All ER 671,Tameside & Glossop Acute Services Trustv.CH
    [1996] 1 FLR 762,Re MB %Medical Treatment)[1997] 2 FLR 426 and andRv.Collins,
    Pathfinder Health Services Trust, St. George's Healthcare NHS Trust e xparte S[1998] 3
    WLR 936. It should be noted that not all of these were decisions under the MHA, but
    came under the common law provisions of `best interests'.


11. per Mr Justice Wall at p. 773.


12. See note 11.


13. per Lord Justice Judge at p. 958.


14. This is indicated by the fact that in the period 1997±1999 14 475 requests for second
    opinions were completed by the Mental Health Act Commission, with 72.9% being in
    respect of medicine only and 28.2% for ECT only. This represented an increase in
    requests of over 25% from the previous reporting period although this may in part be
    due to the effect ofRv.Bournewood Community and Mental Health Care Trust, e xparte L
    [1998] 3 All ER 289. Mental Health Act Commission,Eighth Biennial Report 1997±1999,
    The Stationery Office, London, at Table 8 and para. 6.36.


15. This is in contrast to treatment provided under section 57 and section 58#3)#b) where
    section 61 places a duty on the responsible medical officer to review the necessity of
    treatment.


16. Mental Health Act Code of Practice 1999 at para. 16.35, Department of Health, London.


17. Mental Health Act Code of Practice 1999 at para. 16.19, Department of Health, London.


18. Mental Health Act Code of Practice 1999 at para. 16.14, Department of Health, London.


19. Mental Health Act Commission,Eighth Biennial Report,1997±1999, at Table 8, The
    Stationery Office, London.


20. Mental Health Act Code of Practice, 1999, para. 16.10, Department of Health, London.


21. Fennell, P.W.H. #1990) Inscribing paternalism in the law: consent to treatment and
    mental disorder.Journal of Law and Society, 17 #29) 40.


22. This Act seeks to protect individuals disclosing information in the public interest and to
    enable the individual to claim legal redress in the event of victimisation following
    disclosure. It is important to note that the Act only covers certain types of information
    disclosed and specifies how the disclosure should be carried out. For example, if a

182 Nursing Law and Ethics