header-logo header-logo

Mental health law & the case for tribunals (Pt 2)

20 October 2017 / Keith Wilding
Issue: 7766 / Categories: Features , Mental health
printer mail-detail
nlj_7766_wilding

Where coercion meets care: Keith Wilding discusses the benefits of tribunal hearings in the mental health context

  • The nature of disability & the role of coercion.
  • The ‘subtle’ role of the mental health tribunals.

In May 2017 the Prime Minister made a speech in which she referred to a ‘flawed’ Mental Health Act 1983 which often results in detention, disproportionate effects, and forced treatment of vulnerable people. This appears to seriously underestimate the complexities involved in the operation of the Act, of the concept of disability, of the use of coercive care in the mental health field, and of the role of the law in these circumstances.

The case of Mr A

The case of Mr A illustrates the point. He is 25 years old, did well at school and went to university where his mental health deteriorated. He was unable to continue his studies and returned home to his family. Over a two-year period he worsened to the extent that he was not eating, was unable

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
back-to-top-scroll